Recoverable damages after a St. Louis car accident can be saught with the help of an experienced attorney. After your wreck, you may experience a great deal of stress that impedes your recovery. Because of this, it is important you work with a trial lawyer who could bring your claim of negligence against a wrongdoer. You could recover compensation for lost wages, pain and suffer, and a myriad of other losses with the help of an attorney.
What Economic Losses Are and How St. Louis Law Treats Them
Economic damages arising from a personal injury car accident claim in St. Louis include compensation you receive after suffering a monetary loss due to the accident. Economic damages may include medical bills that are directly related to the injuries you suffered in the crash as well as any lost wages that are incurred as a result of you not being able to work. These recoverable forms of compensation also include loss of earning capacity, vocational rehabilitation, out of pocket costs and household services that may arise as a result of your injuries. Of course, property damage to any vehicles involved in the crash is considered a part of economic damages as well.
While most recoverable damages after a St. Louis car accident are straight forward, the degree of injury involved in the accident could alter the desired, or even required, amount of compensation you wish to seek. In cases where an individual’s injuries are severe or catastrophic, the person may no longer be able to continue working the same job due to the change in his physical or mental abilities. In situations where an injured individual is still able to work but is unable to work a job with the same earning capacity, there may be a case for economic damages for loss of earning capacity. Similarly, if you had to undergo vocational retraining and require in-home assistance temporarily or permanently, a St. Louis personal injury lawyer can calculate the economic damages and provide that information to a jury on your behalf.
In cases involving catastrophically injured individuals who require part-time or full-time future care for their injuries, lawyers may prepare a life care plan. A life care plan is a comprehensive assessment of what the injured person’s needs would be for the future and determining what the current and future financial cost is to provide for those needs. This may include financial provision for medical equipment, medical expenses, in-home care providers, physical therapy and such things as educational training for employment.
Noneconomic Losses Defined and Explained in St. Louis Law
Noneconomic damages arising out of a car wreck case are the monetary compensation provided for the pain and suffering you experienced as a result of the injuries directly related to the car wreck. Pain and suffering is the most common form of non-economic compensation sought, but it may also stem from humiliation, emotional anguish, and loss of consortium, not simply physical pain.
For many cases involving serious injuries, there may be significant non-economic damages such as loss of enjoyment of life. For individuals who suffer traumatic brain injuries or spinal injuries, they may no longer be able to enjoy life as they did before the negligent act that caused their injuries. People who were active outdoors before their injuries may no longer be able to go hiking or biking. People may lose the ability to lift their children or grandchildren, which takes away one of the great joys of life. These activities, and many like them, do not have a specific dollar amount attached to them, like a medical bill, so they are considered non-economic damages. Non-economic damages may be among the most significant in a lawsuit and the most challenging to win compensation for. Because of this, you need to consult an attorney who can determine your recoverable damages after a St. Louis car accident.
Limitations to Recoverable Amounts in St. Louis Car Wreck Cases
A cap on damages is where the legislature places an artificial ceiling on the amount of non-economic damages that may be awarded in a certain type of case. The Missouri legislature has determined that medical malpractice cases in St. Louis that involve a personal injury that does not result in death are subject to a damage cap of $400,000. In a medical malpractice case that results in a wrongful death, the non-economic damages are capped at $700,000. While this amount increases a little bit each year, the undeniable fact is that the legislature has made this decision without any knowledge of any particular case, making it a number that may be insufficient in many cases.
It is important to remember that the damages caps apply only to non-economic damages. There is no cap on economic damages which can be calculated much easier.
In Missouri, the legislature has determined that the caps on non-economic damages applies only to cases involving medical providers such as physicians, hospital and nursing homes. There is no damages cap in Missouri for injuries or death that happen in motor vehicle accidents or premises liability.
Speak with an Attorney Today
After you suffer losses from a car wreck, recouping from your accident could take time and money that you do not have to spare. In the event that your accident was caused by the negligence of another driver, you may have the grounds for a personal injury lawsuit against the wrongdoer. An attorney well-versed in personal injury claims can evaluate your case for recoverable damages after a St. Louis car accident. Do not hesitate, you need to call our offices today to begin your consultation and work toward achieving maximum compensation.