Damages Recoverable in a Car Accident Case
Mr. Trotz was recognized from 2019-2024 as a Super Lawyers Mid-South Rising Star. Mr. Trotz is also a member of the Young Lawyers Division of the Memphis Bar Association, Memphis Bar Association, Tennessee Bar Association, and the Tennessee Trial Lawyers Association where he serves on the Executive Committee. READ OUR EDITORIAL GUIDELINES
Mr. Trotz was recognized from 2019-2023 as a Super Lawyers Mid-South Rising Star. Mr. Trotz is also a member of the Young Lawyers Division of the Memphis Bar Association, Memphis Bar Association, Tennessee Bar Association, and the Tennessee Trial Lawyers Association where he serves on the Executive Committee. READ OUR EDITORIAL GUIDELINES
Motor Vehicle Crash Attorneys Fighting for the Rights of Injured Victims
Accidents occur 24/7/365. Across the United States, millions of wrecks occur each year, with states like Tennessee seeing more than 200,000 each year alone. Those involved in a wreck will be fortunate if all that results is minor property damage. However, most are not nearly as lucky. A car accident could result in thousands of dollars in lost wages and medical bills. Depending on your circumstances, you may not be able to afford all the bills that you have incurred or the medical treatment that you need on your own. If the auto accident was caused due to the negligence of another person or company, it is important to hire a personal injury attorney to fight for all of the damages recoverable in a car accident case. Over the past 30 years, the Memphis car accident lawyers of Nahon, Saharovich & Trotz have recovered over $1.5 billion in settlements and verdicts for injured car crash victims.
Damages Recoverable in a Car Accident Case
If you have suffered injuries in an auto accident due to the negligent actions of another, then you may be entitled to awards of certain damages. There are two main categories of damages that are recoverable after an auto accident – compensatory and punitive damages. Compensatory damage awards were established to compensate injured parties for their objective and subjective losses in an effort to make them whole, as if the wreck never occurred in the first place. On the other hand, punitive damages were established to punish a defendant for particularly egregious conduct.
Compensatory damages can be broken down into two categories:
- Economic – economic damages concern objective losses that can be assigned a specific monetary value. Common forms include:
- Past medical bills
- Future medical bills – especially for those who suffer catastrophic injuries like paralysis
- Past lost wages
- Future lost wages
- Prescriptions
- Medical devices such as crutches
- Non-economic – non-economic damages are more subjective losses. Certain factors will be considered such as the severity of injury, extent of injury, permanent impairment, vocational impairment, and how the wreck affected a victim’s ability to enjoy hobbies, perform basic daily tasks, and interact with friends and family. Common forms include:
- Pain and suffering (past and/or future)
- Loss of enjoyment of life (past and/or future)
- Emotional distress (past and/or future)
- Loss of consortium
As stated earlier, punitive damages are awarded to punish the at-fault party. Under Tennessee law, punitive damages may only be awarded if it is determined that the victim will be receiving compensatory damages, and they are only awarded if the defendant acted maliciously, intentionally, fraudulently, or recklessly. For example, driving under the influence of drugs or alcohol can be considered reckless behavior under the circumstances.
Of course, you are also able to recover for damage that your property sustained. Most times, your property damage claim will be handled separately from your bodily injury claim. Property damage can include total loss of the vehicle, repairs, rental car, towing fees, and damaged personal items.
Call Our Memphis Attorneys Today for a Free Consultation
Car accidents often leave those involved with injuries that require medical treatment and time off from work. As the injured party, you should be fairly compensated for all of the damages that are recoverable in a car accident case, especially when the wreck was not your fault. The attorneys at Nahon, Saharovich & Trotz help motor vehicle wreck victims recover for their injuries all across Tennessee, Mississippi, Arkansas, Kentucky, and Missouri, including in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office by calling 800-529-4004 or by completing our online form to set up a free consultation with a Memphis lawyer. Once you get to know us, you will realize that NST is the way to go.