Warshafsky Rotter Tarnoff Bloch, S.C.

Types of Damages that may occur in a Car Accident

Car Accident Damages are more than Pain and Suffering

There are two types of damages in auto accident cases: property damage and personal damage.

Property damage relates to costs associated with:

Damage to personal belongings during the accident
Towing costs
Vehicle storage fees
Appraisals, if necessary
Public or private property damage from accident
Body shop repairs
Replacement costs

 Personal Injury Damages may include:

Ambulance services
Emergency room supplies
Physical aids and appliances
Physical therapy
Staff and doctors
Loss of wages
Medical specialists
Pain and suffering
Permanent injury or disability

Insurance is the Preventative Measure in Unforeseen Circumstances Broken car windshield

Collision coverage you have already paid for through your insurance pays for property damage to your own vehicle, whether you were at fault or someone else who cannot be found or is unable to pay for damages. Collision coverage can speed the process of restoring your vehicle.

Usually, automobile damage is classified into two areas, repairable or totaled. Your vehicle will not likely be considered totaled by the insurance company if the cost to repair your auto is more than the current fair market value. It should be noted that in some instances the fair market value of the totaled vehicle may be less than what is still owed to a bank or finance company. If this problem arises your lawyer should advise you of your rights. This situation can be alleviated by purchasing “gap coverage” in advance.

/Content/files/cubanpassing.jpgMadison Personal Injury Lawyers Advocate for Compensation

The person at fault in the accident is principally responsible to pay for your injuries, but between insurance companies squabbling and bills piling up, you cannot depend on being able to advocate for yourself in between the obligations of your busy schedule.

If you have been hurt in an auto accident, you can file a personal injury lawsuit against the person who caused it. The best car accident attorneys in Madison have a reputation for achieving the highest possible settlements for car crash damages. This is usually compensation for injuries to pay for medical expenses, loss of pay due to inability to work, and pain and suffering.

Helpful Personal Damage Definitions

Shattered windowCompensatory Damages are payments for past and future economic losses, including medical expenses and loss of wages. They are also payments for general damages such as pain, suffering and mental anguish.

Comparative Fault may be applied if you are in a state which has adopted some form of comparative fault or negligence. Wisconsin applies the Comparative Negligence Law. This means you won’t be found at fault for simply being there, but the judge and jury will determine what amount of fault lies with each party involved.

Comparative Negligence Law states that every person in all situations has a duty to exercise ordinary care for his or her own safety. This does not mean that a person is required at all hazards to avoid injury; a person must, however, exercise ordinary case to take pre-cautions to avoid injury to himself or herself.

Punitive or Exemplary Damages may be awarded in addition to basic compensation for your actual injury or expenses, you may also be awarded punitive or exemplary damages. These are designed to further punish the defendant for their lack of care or deter them from doing the same thing again. Conduct that goes beyond basic negligence could be considered grounds for this type of award. This conduct could be malicious, vindictive, willful, wanton or reckless. Factors like driver incompetence, intoxication, and excessive speed, violation of safety or traffic laws and knowledge of faulty equipment are all reasons for punitive damages. 

If you need help being compensated for damages inflicted upon you or your family, call Warshafsky Law today.

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