The laws of different states vary regarding the damages awarded in a car accident lawsuit. Some states allow an injured party to seek much more than others. State-run insurance funds are, for this reason, often used as a bargaining chip in settlement negotiations. If a car accident leads to death, a substantial amount of money is owed to the survivors, no matter what.
Damages are financial compensation paid by the at-fault driver, or their insurer, to the victim or victims of negligent conduct. Victims may sue for medical expenses, lost wages, property damage, and pain & suffering resulting from loss of life’s enjoyment. The extent will depend on state law limitations, the scope of injuries sustained, and the nature of negligence involved.
Some Examples of Negligence in a Car Accident
For example, if someone is injured in a car accident because the other driver was speeding and texting, the negligent driver would be liable for medical bills, lost wages, and pain and suffering. However, if the injuries are severe, such as paralysis or death, there may also be exemplary damages because leaving someone in a vegetative state is considered intentional.
How Much is Awarded Depends on the Situation
The amount of compensation available to claimants will vary depending on whether the injured person lives or dies. For example, a jury might award $5 million for loss of life’s enjoyment at trial in California (which has no limit) while awarding $2 million in Nevada (for non-economic damages). On the other hand, they might find that future economic losses associated with the accident totaled $500k in each state, rendering claims that differ by hundreds of millions of dollars unfounded.
The amount of recovery in cases where someone dies will also depend on the situation at hand. For example: If a child is killed in an accident because he was not wearing his seat belt, the parent may be entitled to recover damages for economic loss associated with that child’s future earnings potential or caretaking contribution alongside damages for pain & suffering that they endured during the death of their loved one. This is termed a wrongful death case and can be brought by anyone who has lost a loved one due to the negligence of a spouse, child, or sibling. So, while state law variations exist when it comes to awarding damages for pain & suffering resulting from lost life’s enjoyment, it is safe to say there are no states that award more than $1 million for that injury. The process seems long and complicated especially for those who never appeared in similar situations before. If you have insurance, they can also help you in such a situation but the process may be a hold-up. However, it will be advantageous for you to get a professional car accident lawyer who knows how to negotiate for the desired settlement. They will help you to understand your rights, obtain the necessary evidence and handle important negotiations with different parties.
What About Wrongful Death Cases?
In wrongful death cases, the state will also provide what is known as a loss of consortium claim, which is an allowance given to spouses and children based on dependency and emotional attachment. For example, suppose someone was killed in an accident involving negligent conduct. In that case, their spouse can sue for damages associated with the emotional connection and companionship they would have received from them had the accident not occurred. Similarly, parents may also be awarded loss of consortium claims if their child was killed by negligent conduct such as severe automobile defects or drunk driving accidents (DUI).
The recovery available through these additional claims will vary from state to state. However, it is safe to say that recovery associated with pain & suffering resulting from loss of life’s enjoyment, when assessed by itself, is comparatively minimal.
Awarded Pain and Suffering
The most significant factors in determining the value of pain & suffering claims are the nature of injury, permanence, and severity. Not only will the injured need frequent medical attention to avoid further deterioration, but many chronic injuries can reduce an individual’s quality of life to a great extent while imposing significant expenses on top of that. Victims who have been paralyzed, for example, will require full-time care attendants and may never regain feeling below the neck. On average, it costs anywhere from $500k to upwards of 1 million dollars per year for round-the-clock nursing services.
In terms of permanence, some injuries should be reasonably self-explanatory. For example, if someone is entirely blind, deaf, or losing a limb will likely result in permanent injuries. However, while some injuries are permanent, they may not always be considered severe enough to warrant considerable pain & suffering compensation. For example: If someone is involved in an accident that results in whiplash but does not cause any lasting effects beyond pain and discomfort, it would unlikely result in a significant award for pain & suffering.
While people who live through automobile accidents often endure long-term physical ailments, death may also involve emotional fallout for friends & family members at the victim’s expense. When this occurs, an additional claim is filed on behalf of the estate, covering damages associated with loss of life’s enjoyment.
Summing Up What Can Be Awarded
Pain & suffering damages are subjective and can vary widely depending on the nature of an individual’s injuries, permanence, and the degree to which the injury has been affected. The nature of injury, permanence, and severity are the most significant factors in determining whether or not an award will be granted for pain & suffering resulting from loss of life’s enjoyment. Regardless, it is safe to say that no states award more than $1 million for pain & suffering resulting from the failure of life’s happiness.
Furthermore, it is also important to note that families with deceased victims may file a wrongful death claim based on emotional attachment and companionship. In these cases, the recovery varies from state to state. It is dependent on several other factors, including how long the victim lived with their spouse or parents and what expenses they would have been responsible for at that time. However, while pain & suffering damages associated with wrongful death claims are often not significant enough to warrant filing a lawsuit alone, it is noted that additional compensation may be available through a loss of consortium claim given by the state.
