Car Accident Attorney Des Moines IA
When a victim is injured in a car crash caused by the negligence of another driver, the victim can pursue a claim for damages against that driver. The at-fault driver can be responsible for the victim’s medical bills, loss of income, and repair costs for the damage done to the victim’s vehicle. The victim may also be entitled to compensation for the pain and suffering they endured from the injuries.
The car accident attorneys from Johnston Martineau, PLLP have extensive experience assisting accident victims collect the financial compensation they are entitled to. We understand the financial burdens victims face while they also struggle to recover from their injuries.
Our Des Moines IA car accident attorneys advocate for victims, dealing with the insurance companies in negotiating fair and just settlements. Our attorneys will not hesitate to pursue these damages via litigation if the insurance company is not negotiating in good faith. If you have been injured in a crash, contact us today to find out how we can help.
Car Accident Damages
When a victim is injured in a crash, there are two different categories of damages that they can pursue. The first type of damage are referred to as special damages, also referred to as economic damages. These types of damages have a quantified amount attached to them. Examples of special damages include medical expenses, loss of wages from missed work while recovering from injuries, and property damage.
The second type of damages are called general – or noneconomic – damages. Examples of general damages include:
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
- Loss of reputation
- Mental anguish
- Pain and suffering
- Physical disfigurement
These types of damages do not have a quantifiable dollar amount attached to them. Instead, they are the type of damages that may affect each victim differently. Because they are considered subjective, they need to be calculated differently.
When determining the dollar value of each of these damages, your car accident attorney will look at several factors:
· The severity of the injury
· The location and nature of any disfigurement or scarring Recovery time needed
· The potential for ongoing consequences
· The total amount awarded for special (economic) damages
· How the victim’s life has been impacted
· Any cap state tort law has placed on special damages
Calculating General Damages
There are two types of methods used to calculate general damages. The first is the multiplier method. With this method, your car accident attorney will take the total amount of special damages and multiply that amount by a number between 1.5 and 5, referred to as a multiplier. Some of the factors to determine the multiplier include the seriousness of the victim’s injuries, recovery time, medical documentation of the pain and suffering of the victim, and the fault of the other driver. For example, the multiplier number could be higher if the at-fault driver was drunk at the time of the crash.
The second type of method is the daily rate method. Your car accident attorney Des Moines IA clients trust will determine a daily rate and that amount will be multiplied by the number of days you were incapacitated by your injury.
If you would like to speak with a dedicated car accident attorney from Johnston Martineau, PLLP to find out what legal recourse you may have against the at-fault driver, call our office to set up a free consultation today.