In a typical car accident case in Boston, a person can look to recover economic and non-economic damages. They would recover for their medical bills, lost wages, and anything that can be quantified that they lost as a result of the car accident. Also, as far as non-economic general damages, they would be able to recover compensation for their pain and suffering, any type of scarring or disfigurement resulting from the accident or resulting from any medical treatment or surgical procedure that they had to receive to treat their injuries that were accident related.
A seasoned car accident lawyer and the insurance adjuster would evaluate your Boston car accident damages as well as your injuries to negotiate an appropriate amount of compensation. Speak to a knowledgeable personal injury attorney to learn about the type of damages you may be eligible to recover.
Economic damages are traditionally referred to by insurance companies as special damages. These type of Boston car accident damages can be quantified such as the physical damage to the car. The cost of repair, the cost of towing the car, the cost of storing a car at a garage or a salvage yard, and the cost of any personal property besides the car that was damaged in the accident would be included.
If a person who is injured in a car accident lost time from work or they lost wages, even if they receive sick time or earned time or even if they have a short-term or long-term disability, they would still be entitled to their lost wages. Short-term or long-term disability may have a lien to be reimbursed, but that is still a damage that the injured person suffered.
Anything that can be added up would be considered economic damages. If they had a trip that was planned and they could not go on the trip because of their injuries and they did not have travel insurance, the costs of the trip would be one element of economic damages in that situation. Any medical bills that they incurred would be economic damages.
Another type of Boston car accident damages that an individual could recover includes non-economic damages or general damages. The opposite of economic damages in the sense that they are not quantifiable. Non-economic damages do not really have an exact formula to calculate them. Typical examples of non-economic damages are pain and suffering, scarring or disfigurement as a result of an injury, and loss of enjoyment of life. Maybe there are things that the injured party used to engage in, such as sports, and because of the injuries that they sustained in the car accident can no longer engage in those activities.
A person may suffer anxiety and depression because of the accident. If it was a very severe car accident and they were very gravely injured, they might suffer post-traumatic stress disorder. They might experience nightmares in recalling the events and they might feel a sense of sadness over the loss of the life that they used to have and now living a life in pain. Those are all examples of non-economic damages.
The old rule of thumb years ago when negotiating settlements with insurance adjusters was so-called triple the special damages, which include the medical bills and lost wages. However, the true measure of the non-economic damages is really what a jury determines.
The better the dedicated attorneys could demonstrate the extent to the severity of the non-economic damages, the better chance they have of obtaining full recovery either in a settlement or through a jury trial. One way of doing that is, if there is scarring, to be able to have photographs that would show the scarring when it was in its acute stage and then show the permanent scar after the passage of time. Another way is to show it through a medical expert who would examine and report and explain the nature of the injury, the treatment they have had, and any permanent impairment that they have suffered.
Damage Caps in Boston
A damage cap is when there is a law that creates a ceiling or cap or a maximum amount that a person can receive. Caps on damages that apply to Boston car accident cases would typically involve charitable institutions would typically be a $20,000 cap. For any governmental entity or agency, whether it is a city, a town, a county agency, or the state itself, the typical cap is $100,000. That is under Massachusetts General Law Chapter 258 also referred to as the Massachusetts Tort Claims Act.
There is an exception, however, for the Massachusetts Bay Transportation Authority (MBTA), which is a train and bus service in Massachusetts. If it is a severe injury caused by a negligent employee of the MBTA, it is possible that they could recover damages above $100,000 in the claim. Otherwise, regarding private entities or individuals, there are no caps on damages.
How a Car Accident Attorney Could Help
Following a car accident, it is best to seek help from a dedicated car accident attorney. They could review the facts of your case and calculate your damages to help you recover compensation. They could help you file a claim and negotiate with the defendant’s attorney as well as insurance adjusters to help you obtain the compensation you need.
If you have been in a car accident, speak to an experienced lawyer to learn about the Boston car accident damages you may be eligible to recover. Call today to get started.