Going through a personal injury lawsuit after a car accident can take time and be confusing, especially if this is the first time you have ever gone through something like this. One of the confusing parts of a personal injury case can involve the types of compensation you might be entitled to afterwards, especially if you suffered a miscarriage from the accident. If you can prove the other driver was at fault for the accident, you should have no problem winning your case; however, you will have to also prove the accident caused the miscarriage if you want compensation for that too.
The Types Of Compensation You Can Receive
The main thing you will probably understand during your case is that you will be able to receive money for things such as medical bills, lost income, and property damage. These are considered forms of compensatory damages, but there are other forms of compensatory damages you can also ask for after your accident. These types are considered emotional damages, and there are three main types:
- Pain and suffering – Physical pain can take a toll on a person's emotions, and this is something you may be able to be compensated for. If you are in severe pain and are suffering because of it, let your attorney know.
- Mental Anguish – Any type of mental anguish or distress is also something that can be recovered in a personal injury lawsuit. Losing an unborn child can take a horrible toll on a woman's emotions. If you are losing sleep, feeling fearful or nervous, or suffering from depression from the incident, you are probably going through mental anguish.
- Loss of consortium – Loss of consortium involves the loss of companionship or intimacy you once had with your spouse or friends, and this too is considered a type of emotional loss that can be compensated for in a case like this.
These are all common types of damages you may be awarded money for in your case, but there is also a chance you could receive additional money for punitive damages. Punitive damages are not extremely common in car accident cases, but there are times when judges will award these.
Punitive damages are designed primarily to punish the person who is at fault for the accident. They are also designed to encourage the person not to repeat the same actions in the future.
These damages are typically awarded if the at-fault person acted recklessly during the accident, and if these careless actions were to blame for the accident.
Proving Fault Is Vital
Proving that the accident caused the miscarriage will be a huge task to take on, but it will help you collect a higher settlement amount if you can accomplish this. To prove this, you may need to hire an accident reconstruction expert. This type of expert can determine exactly what happened during an accident, and his or her testimony can be used in court to prove your side.
You should be aware that the party you are fighting might try to disprove you. They might try to state that the accident did not cause the miscarriage, and they might do this by looking into your medical history. If you have a history of miscarriages, they might use this as a defense to prove that you probably would have miscarried even if the accident had not taken place. You may need to talk to your OBGYN about your case to see if he or she would offer witness testimony to support your side of this case.
If you have not yet hired a lawyer to represent you in your car accident settlement, you may want to look for one today. Personal injury lawyers specialize in helping car accident victims recover compensation for the damages they have experienced. Click here for more information.