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What losses can you recover from a negligent driver?

On Behalf of | Feb 7, 2023 | Personal Injury

If you recently suffered an injury in an auto accident caused by someone else’s negligence, you have the right to pursue compensation for your losses.

North Carolina is a fault-based state, meaning the party liable for the accident is responsible for the losses. Each case has unique circumstances, but there are common damages.

Monetary damages

The court refers to your monetary losses as economic damages. These include the cost of your medical expenses, such as emergency medical care, surgeries, hospital stays, follow-up visits, medications and ongoing treatments. It also includes lost wages from missing work and property damage.

You can also claim any out-of-pocket expenses directly related to your accident. For example, if you need help with household duties while healing from your injuries or require childcare, you can claim those expenses as well.

Non-monetary damages

Tort law allows you to claim losses associated with the psychological impact of your accident. For example, you may claim pain and suffering for your physical injuries and treatments. If you suffer from anxiety, depression or post-traumatic stress disorder, you may list those among your reasons for demanding compensation.

Collecting sufficient evidence to support these claims can be complex, but they often account for a significant portion of your claim.

Punitive damages

The court rarely awards punitive damages in auto accident cases. The purpose is to punish the negligent driver for especially heinous conduct, such as reckless driving or driving under the influence.

Only a small percentage of auto accident cases see the inside of a courtroom. Most settle without court interference.