What Compensation Can I Claim After an Injury From a Car Accident?

Even the most careful drivers cannot guarantee that they will never have a crash. Whether it’s weather conditions or the reckless behavior of other road users, there is no knowing what might happen when you set off out of your driveway. If you or your loved ones have been injured in a car accident, at the Wendt Law Firm P.C., in Kansas City, MO, we can provide you with an injury lawyer dedicated to winning you compensation.

What Compensation Can I Claim After an Injury From a Car Accident?

In Missouri, car accident victims have several options to pursue compensation. The amount and types of compensation you are entitled to will depend on the specifics of the accident, the injuries it caused, and who is responsible.

Medical Expenses

One of the most pressing concerns after a car accident is medical bills. Car accidents often cause injuries, from minor bruises and sprains to more severe injuries such as broken bones, traumatic brain injuries, or spinal cord injuries. If you’ve been injured in an accident, you are entitled to seek compensation for the cost of medical care required as a result of the crash.

This includes emergency care; that is, ambulance rides, emergency room visits, and any urgent medical treatment you received immediately following the accident. It also covers any surgeries or procedures you may need and the cost of any subsequent hospitalization. You can seek compensation for the cost of any medication you are prescribed as a result of the accident and for any rehabilitation service such as physical or occupational therapy that you need to make a recovery.

Lost Wages and Loss of Earning Capacity

Car accident injuries can impact your ability to work. Whether you need to take time off to recover from a short-term injury or you’re dealing with a more severe injury that prevents you from returning to work at all, you are entitled to seek compensation for the income you’ve lost due to the accident.

This includes the income you have already lost as a direct result of the accident as well as the loss of earning capacity that you may suffer as a result of your injuries ongoing. If the latter is likely, we can source the testimony of economists and vocational experts to determine how much your future earnings have been affected.

Pain and Suffering

Unlike medical expenses or lost wages, pain and suffering refer to the physical and emotional distress caused by your injuries. This is often one of the more subjective components of a personal injury claim but can be a significant part of your overall compensation.

It includes physical pain; the pain you’ve endured from your injuries and any chronic pain or long-term physical discomfort that may result from the accident. It also includes emotional distress, that is, any psychological issues like anxiety or depression caused by the accident. Additionally, if your injuries have caused a loss of enjoyment of life, this loss can also be compensated.

Property Damage

The damages you can claim are not limited to those relating to your injury. As in other personal injury accident cases, you can seek compensation for the cost of repairs or replacement if your vehicle was either damaged or totaled in the accident.

If your car is repairable, you can claim the cost of repairs and if it is totaled, you can claim its market value. If you needed to rent a vehicle while your car was being repaired or replaced, you may also be entitled to recover these costs. Similarly, if items such as your phone, laptop, or other personal belongings were damaged or destroyed in the accident, you may be able to claim their value.

Wrongful Death

In the tragic event that a loved one is killed in a car accident, Missouri law allows certain family members to file a wrongful death lawsuit. These cases can provide compensation for the financial and emotional losses caused by the untimely death of a loved one.

If this applies to your situation, the at-fault party is liable for any medical expenses that your loved one incurred before passing away. You can also claim for the costs that you need for their funeral and burial. If the deceased was the primary earner in your family, you can claim compensation for the income they would have provided. You may also claim recompense for the loss of companionship and support, that is, the emotional loss that their passing has caused you.

Punitive Damages

In rare cases, Missouri law allows victims to seek punitive damages in addition to compensatory damages. Punitive damages are awarded in cases where the defendant’s actions were particularly reckless or egregious, such as driving under the influence of drugs or alcohol, excessive speeding, or recidivism.

These damages are intended to punish the wrongdoer and deter similar behavior from them and others in the future. In Missouri, the state takes 50% of any punitive damages that are awarded.

Who Can Be Held Liable?

Missouri operates a traditional tort system for car accidents, meaning that the at-fault party is held liable for damages and responsible for compensating their victims. The at-fault party may be another driver, but in certain cases, it may be someone else. For example, if poor road maintenance was a majority factor in your crash, you may be able to sue the Missouri Department of Transportation if negligence can be proved.

If your injuries were caused by another driver, but they cannot be found, we can help you to seek compensation from your own insurance company. All drivers in Missouri and Kansas are required to have uninsured motorist coverage for this very reason. Though there may be an initial deductible to pay, this can be recovered from the at-fault party if they are found later.

If you are found to be partially at fault for the accident you can still make a claim for compensation as long as you have not been judged more than 50% responsible. However, you should be aware that Missouri operates a comparative negligence system, meaning that the total compensation awarded to you is reduced by your percentage of fault.

Consult With a Specialist Injury Lawyer

It can be difficult to know where to begin in the aftermath of a car accident. Filing a compensation claim on your own may seem impossible, but you don’t have to do it alone. Our firm specializes in personal injury cases, meaning that we know exactly what the parameters are for defining fault, and what paperwork needs to be filed and when.

The first step is to schedule a free consultation with us where you can lay out all the details of the accident, your injuries, and the expenses that you’ve incurred. We will review your case, help you to understand your options going forward and be with you as the case progresses.

A car accident can leave you shaken up, even if you haven’t suffered any injuries. When you engage our firm, you can be sure that you are in capable hands. Get in touch with us at the Wendt Law Firm P.C., in Kansas City, MO, to speak with one of our team and schedule a consultation. You can trust us to work tirelessly to secure the compensation you deserve.