Seeking Damages After a Car Wreck
Seeking damages after a wreck is often one of the lowest priorities on a victim’s list. In fact, for many crash victims, dealing with day-to-day hardships like coping with injuries or getting medical care or transportation to work are often higher priorities than seeking damages. Unfortunately, launching a lawsuit is often the only way that someone injured in a crash can adequately recoup what is lost and should be prioritized as such.
Why Victims Seek Damages
There is often a misconception that someone injured in a car crash will seek damages to punish the at-fault driver. Although this may be the case on a personal level, the courts will rarely award compensation to a victim just to punish a driver. In fact, unless the court has reason to believe that punitive damages should be awarded, the most common types of compensation awarded for car crashes are compensatory in nature and include those for:
- Medical expenses, such as emergency medical care, ongoing medical treatment, therapy, and medication.
- Property damages, such as damage to the vehicle involved in a crash.
- Pain and suffering, which can be for both short-term and long-term pain and discomfort resulting from a wreck.
- Out-of-pocket expenses, such as car rental fees, child care expenses and costs related to housekeeping help.
- Lost wages, such as wages lost following the crash and for lost earning potential due to permanent injuries.
- Loss of consortium when the nature of victim’s injuries damage the person’s ability to maintain a relationship.
Depending on the nature and severity of the person’s injuries, all of these may be valid and legitimate reasons that someone injured in a car crash should seek damages after a car crash.
Are Punitive Damages Justified?
For cases where the behavior of the at-fault party is so extreme that it could be construed as intentional, punitive damages may also be awarded. Although punitive damages are not commonly awarded, and they are typically reserved for cases where the courts feel a “message” must be sent, they do happen. And when they do, the settlements can be considerable.
For instance, the courts ordered Hyundai to pay $73 million in punitive damages in a 2014 case against the car company. And this was on appeal—the original award was for $240 million in punitive damages. In another high-payout case, the courts ordered $500 million in punitive damages for medical malpractice.
If you have been involved in a car wreck through the fault of another driver, call the Milwaukee personal injury lawyers at Domnitz & Domnitz, S.C. for a free consultation. We have a long history of helping our clients recouping their losses. Click here to see a list of our most significant verdicts and settlements.