What Damages Are Recoverable in an Automobile Case?

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When you’ve been injured in an accident and decide to pursue a personal injury claim, what you are really seeking are “damages”. Damages is a legal term for money awarded to a party in a lawsuit. In the case of an auto accident, a party seeks compensatory damages. As you might infer from the name, compensatory damages are intended to compensate for a loss or injury.  There are three primary categories of compensatory damages a party may seek, as a car accident lawyer trusts can explain.

  1. Special Damages

Special damages compensate for a quantifiable loss of money. These damages are easy to assign a dollar amount to because they are derived from things like:

  • Automobile Repair Bills
  • Medical Bills
  • Future Medical Bills
  • Therapy bills
  • Lost wages (calculated from your salary)

Special damages are pulled straight from the actual dollar amounts assigned to your bills. Things are a little less clear when future costs must be calculated, but those numbers can be assessed through expert witnesses (professionals in their field) and past evidence (previous bills for example).

  1. General Damages

General damages intend to compensate a party for loss or injury that is not easily calculable. Common general damages include:

  • Physical Pain and Suffering
  • Mental Pain and Suffering
  • Physical Disfigurement/Impairment
  • Loss of Companionship
  • Lower Quality of Life

The dollar amount awarded for general damages varies greatly from case to case. Every person leads a different lifestyle according to their age, sex, occupation, community, etc. It can seem a bit callous, but a dollar amount must be assigned to the general damages based on that person’s lifestyle to then be able to determine how the accident resulted in a loss of that lifestyle. As a result, the manner in which general damages are calculated is never the same.

  1. Punitive Damages

Rare, and used in instances of extreme neglect, punitive damages award extra money on top of the special and general damages and are intended to punish the party responsible for the injury and/or loss. If an injured party shows that the responsible party was so grossly negligent in causing the accident, the court may award punitive damages.

How much and what type of damages a party is awarded depends on the specific facts of each case. If you’ve been injured in an auto accident, contact the law offices of Cohen & Cohen. Our experienced personal injury attorneys can help you understand what sort of damages you may be entitled to and will fight to make sure you receive fair compensation for your injuries.

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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.