If you’re ever involved in a car accident and want your insurance company to cover the costs of your injuries, you may be wondering what types of injuries are covered. As it turns out, most car accident injury claims will only cover physical damages. However, there are some exceptions to this rule. Personal injury protection (PIP) and comprehensive coverage will cover personal injuries and certain expenses like medical bills, lost wages, and pain and suffering wages. However, these car accident injury claims do not cover punitive damages awarded to the plaintiff. This is a significant difference to note if you ever find yourself involved in a car accident for the other driver was at fault.
Here are other physical damages you may be able to claim apart from physical damages.
1. Emotional Damages
Emotional damages are often classified as “emotional pain and suffering” or “emotional distress“. Emotional pain and suffering damages can include physical acts such as losing “mental functioning, emotional stability, or freedom from mental disease.” They also include temporary emotional problems such as anxiety, depression, nervousness, and sleeplessness. Therefore, emotional pain and suffering damages usually consist of a less tangible type of damage that can be hard to prove. In some jurisdictions, emotional distress damages cannot be claimed if they can be boiled down to physical injuries.
2. Distinctive Damages
Distinctive damages are financial losses that cannot be traced back to any other category of damages. For instance, if you suffer a head injury in a car accident and suffer from memory loss but do not have any nerve damage or other documented bodily harm, your loss of memory could qualify as distinctive damage. Car accident attorneys at Hughey Law Firm can help you determine the correct combination of damages that would qualify as distinctive damages.
3. Attorney’s Fees and Court Costs
These expenses can also be claimed in a car accident if related to physical injuries sustained in the accident. For instance, if you have to hire an attorney before the insurance company agrees to pay for your injuries, attorney’s fees and court costs would be covered by your car insurance plan; however, incidental attorney’s fees may not be covered by your insurance company.
4. Wrongful Death Damages
With the help of a Wrongful death lawyer, wrongful death damages can be awarded to a decedent’s family in a car accident lawsuit. Wrongful death damages cover medical bills and funeral expenses and any potentially lost wages the decedent may have caused the family.
5. Lost Wages
Lost wages are awarded to the plaintiff in a car accident lawsuit if they have suffered any financial loss due to the accident. If you were not working at the time of your accident, but you were planning on going to work and would currently be employed, you can claim lost wages for this financial loss. However, lost wages can also depend on where the plaintiff was physically located before and after the crash.
6. Post-accident Expenses
Post-accident expenses are any costs that are incurred after an accident occurred but before the plaintiff receives any compensation. Standard automobile deductibles and collision damage coverage typically include coverage on post-accident expenses.
7. Pre-existing Conditions
Suppose a person has a pre-existing condition when involved in a car accident. The insurer will generally not cover it regardless of whether the person was insured at all or insured adequately.
None of us like to think about getting injured in a car accident. However, it is important to understand that auto insurance does not cover all forms of injuries. To make an informed decision regarding your claim, contact an auto injury attorney for more information.
