Types of Compensatory Damages

Compensatory Damages

Compensatory damages are broken into actual or general damages

Actual damages are designed to reimburse an injured plaintiff for medical expenses, property loss, and lost wages. 

General damages are awarded to reimburse a plaintiff for mental anguish, pain and suffering, loss of consortium and lost opportunity.

Medical Expenses

Medical expenses are by far the most important component of any personal injury case.  Its tough to claim an injury (even a mental one) without having a few visits to the doctor.  It should be obvious that the greater the injury the greater the injury case. 

Please note, that this should not be an invitation to rack up medical bills to improve your case.  You should only get the treatment that is recommended by your physician and is reasonable and necessary for your recovery.  Obtaining extra unnecessary or unreasonable care simply to drive the medicals up will have an adverse affect on your case. 

Many insurance companies are now presenting the full medicals to physicians for a medical review and will greatly reduce or even not consider unnecessary medical charges.  Listen and follow the advice of your medical provider.

Property Damage

You are entitled to a replacement or repair of your vehicle.  If your car is a total loss, you will be given a fair market value for your vehicle.  If you don’t owe money on the car, that money becomes is yours.  We never charge any fees on property related matters.  If you owe money on the car and your car is a total loss, you will fall under one of these two scenarios:

1.  You owe more than the car is worth – if this is the case, hopefully you have purchased GAP insurance (purchased through your finance company).  If so, that insurance pays the GAP of what you owe and what the Fair market value paid.

2.  If you owe less than the car is worth – Defendants insurance will pay off the loan and give you the rest of the remaining Fair market value of the vehicle.

Most times, if your car is a total loss Defendant’s insurance company will not provide you with a rental car.   If you have rental car insurance through your own auto insurance you can always use that to obtain a rental car.

If your car is not a total loss and is repairable, you have the right to choose the body shop of your choice.  The adjuster and the body shop will work out a repair estimate for the vehicle and will provide you with a rental vehicle as your vehicle is being repaired.

Loss of Income

If your Austin car accident caused you to miss work, you are entitled to lost wages from the negligent driver’s insurance.  We will be asking for that in your demand package.  Even if you simply took vacation days or sick days you are still entitled to lost wages, as you would not have taken those days but for the accident.  Survivors of an wrongful death claim can claim future lost wages as well.

Pain and Suffering

Injuries are a main component of any personal injury or car accident case.  Aside from the actual injuries themselves, there are numerous side effects that accompany these injuries such as physical pain, soreness, aches, loss of mobility, and limitations of daily activities.  Often times the pain and suffering can continue long into the future after the personal injury case has concluded.  These side effects of the injuries are generally referred to as Pain and Suffering and are recoverable from the at fault party.  These damages can sometimes be very subjective and difficult to calculate, especially when you are the one going through the pain and suffering.  If you have been injured in a car accident then you may be entitled to compensation for Pain and Suffering, contact Funk and Associates today.

Mental Anguish

When someone is injured in a car accident in Austin, the negative effects from the wreck can go beyond the physical injuries suffered by the victim. Accompanying the injuries can be feelings of fright, distress, grief, depression, anxiety, and embarrassment.  If you have been injured in car accident you may also feel disappointment, humiliation, shock, resentment, and anger. 

The accident and the resulting injuries can have long lasting mental effects that are very real and very difficult for a person to cope with or accept.  You may be reminded of your car crash and the mental anguish every time you get behind the wheel.  If you have been injured in a car accident then you may be entitled to compensation for the Mental Anguish you have experienced, contact Funk and Associates today.

    If you or a loved one is in need of legal assistance, call Funk & Associates at 512-472-FUNK (3865) or toll free 1-888-472-FUNK (3865) or contact us online. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.