When you’re involved in a car accident, one of the most important things to understand is how damages are calculated if you decide to file a claim. Damages refer to the money you may receive to cover your losses, including medical bills, property damage, pain, and other impacts of the accident. In New Hampshire, understanding the process of calculating damages can make a significant difference in the outcome of your case. Every claim is unique, and various factors are considered when figuring out how much compensation may be available. This guide will help you understand the steps involved in calculating damages in a New Hampshire car accident claim, so you know what to expect. At, Tenn And Tenn, PA , we are here to guide you through the legal process and help you navigate the complexities of your case.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Understanding the Types of Damages in a Car Accident Claim
When calculating damages, it’s important to know that there are different types of damages you may be entitled to. Damages in a car accident claim usually fall into two main categories: economic damages and non-economic damages. Economic damages cover the financial costs you have because of the accident, like medical bills, vehicle repairs, and lost wages. These costs are straightforward and can be proven with receipts, bills, and pay stubs. Non-economic damages, on the other hand, are more complex to determine. They cover things like pain and suffering, emotional distress, and loss of enjoyment in life. Non-economic damages are not directly tied to money, which makes them harder to calculate, but they are equally important in a car accident claim.
Medical Expenses and How They Affect Your Claim
Medical expenses are usually one of the largest parts of a car accident claim. After an accident, you may need to visit the emergency room, see various doctors, undergo tests, or receive long-term treatment, which all add to your medical costs. When calculating damages for medical expenses, the total should include all past and future medical costs related to the accident. This means any treatments you have already received, as well as ongoing treatment you may need. If your injury requires physical therapy or you need medication to manage pain, these should also be part of the calculation. Sometimes, car accidents lead to injuries that require surgery or other high-cost treatments, which can raise the amount of medical expenses in your claim. It’s important to save all medical records, as these documents will help show the extent of your injuries and the care you received.
Lost Wages and Loss of Earning Capacity
Car accidents can cause you to miss work, which may result in lost wages. If your injury keeps you from going to work or limits your ability to work at the same capacity, you can seek damages for the wages you lost due to the accident. To calculate lost wages, you need to consider how much time you missed from work, your regular income, and any bonuses or benefits you would have earned during that time. Additionally, if your injury is so severe that you cannot work in the same way as before, you may be eligible for damages based on loss of earning capacity. Loss of earning capacity is a calculation based on what you would have earned if the accident had not happened. This calculation can be complicated because it includes factors like your age, skill level, and career path.
Calculating Property Damage for Your Vehicle
In a car accident, property damage to your vehicle is another area where you may seek compensation. The cost of repairing or replacing your vehicle after an accident can be significant, especially if the accident resulted in extensive damage. Calculating property damage involves assessing the cost of repairs or, if your car is totaled, the current market value of the car. If the damage is repairable, you may receive an amount based on repair estimates. However, if your car is beyond repair, you will likely receive an amount equal to the car’s fair market value at the time of the accident. This means the value of the car in its pre-accident condition. Property damage may also cover any personal items damaged in the accident, like a phone or other belongings inside the car.
Pain and Suffering: Calculating Non-Economic Damages
One of the most challenging parts of calculating damages in a car accident claim is determining the amount for pain and suffering. Pain and suffering refers to the physical pain and emotional distress you experience because of the accident. Unlike economic damages, pain and suffering cannot be easily proven with bills or receipts. The amount awarded for pain and suffering is usually based on factors like the severity of your injuries, the pain you experience, and how your injuries affect your daily life. Some cases use a multiplier method to determine pain and suffering, where the total economic damages are multiplied by a number, usually between one and five, based on the extent of the injuries. Another method, known as the per diem approach, assigns a daily amount for pain and suffering and multiplies it by the number of days you have been or will be affected.
Emotional Distress and Its Role in Your Claim
Emotional distress is another form of non-economic damage that may be included in a car accident claim. Emotional distress goes beyond physical pain and includes feelings of anxiety, fear, or depression caused by the accident. Emotional distress damages can be awarded if the accident has had a long-lasting impact on your mental health. For instance, some people may develop post-traumatic stress disorder (PTSD) after a serious accident, which may require counseling or therapy. Documenting emotional distress is important, and medical records from a therapist or mental health professional can support this part of your claim. Emotional distress damages can vary widely depending on how much your mental health is affected and the treatment needed to recover.
Permanent Injury or Disability and Future Care Costs
In some cases, car accidents result in permanent injuries or disabilities that affect a person’s life in the long term. If you suffer a permanent injury or disability, this can significantly increase the damages in your claim. Permanent injuries may require ongoing medical care, rehabilitation, or special accommodations. Future care costs are also considered if your injury is expected to cause ongoing medical expenses. Calculating these damages involves an estimate of what these future costs might be, based on your medical needs and life expectancy. Doctors or other medical professionals can provide reports that detail the kind of care you may need moving forward, which can help in calculating future medical expenses. Future care costs are crucial for anyone facing a lifetime of medical care due to their injuries.
How Comparative Negligence Affects Your Claim in New Hampshire
In New Hampshire, the concept of comparative negligence can impact how much you receive in damages for a car accident claim. Comparative negligence means that if you are partly at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20 percent responsible for the accident and your total damages are $10,000, you would receive $8,000, reflecting a reduction based on your share of the blame. New Hampshire follows a modified comparative negligence rule, which means that if you are more than 50 percent at fault, you cannot recover damages at all. It is essential to understand this rule because it may affect the amount of your claim, depending on the accident details and who is determined to be at fault.
Hiring Legal Help to Ensure Fair Compensation
Calculating damages for a car accident claim in New Hampshire can be complicated. With all the factors involved, such as medical costs, lost wages, property damage, pain and suffering, emotional distress, and future care needs, it can be challenging to calculate a fair settlement on your own. Additionally, insurance companies may try to reduce the amount they pay by disputing the severity of your injuries or your percentage of fault. Having legal guidance can make a significant difference in the outcome of your case. A lawyer can help you gather the evidence you need, negotiate with insurance companies, and advocate for your rights throughout the process. Legal help ensures that every aspect of your claim is carefully considered, which can lead to a fairer and more accurate calculation of your damages.
If you or a loved one has been involved in a car accident in New Hampshire, you don’t have to handle the complexities of calculating damages alone. At Tenn And Tenn, PA, our dedicated team is here to support you every step of the way, making sure your claim covers all the damages you’re entitled to. We are committed to helping you secure fair compensation that reflects the true impact of your accident. Call us today to discuss your case and find out how we can help you on the road to recovery.