Calculating Damages in Birmingham Auto Accident Cases

Damages may be awarded for a variety of injuries in Birmingham auto accident lawsuits, including physical injury, emotional damages, and financial losses suffered as a result of an accident. Damages can be either compensatory or punitive. Compensatory damages can further be broken down into actual and general damages. Each of these types of damages is discussed briefly below.

Compensatory Damages

Compensatory damages are intended to make up for the injuries suffered as a result of a Birmingham car accident. These may include actual damages, such as the out-of-pocket expenses you incurred as a result of your injury, and general damages, which may include emotional distress or diminished ability to enjoy once-loved activities. Actual damages may include lost wages, medical bills paid, rental car costs incurred while your vehicle was undergoing repairs, property damage, and any other economic losses that may have resulted from the accident. General damages are difficult to assign a monetary value. These types of damages may include loss of enjoyment of life activities, loss of consortium (care, companionship, and affection from your spouse), lost future earnings, and pain and suffering. Pain and suffering refers not only to the physical pain and suffering you have endured as a direct result of the accident, but also the emotional trauma of undergoing surgery or being unable to participate in life activities because of the injury.

The following table lists some of the different types of actual and general damages that may be claimed by a Birmingham auto accident victim:

Actual Damages	General Damages
Medical and hospital bills	Future medical bills
Lost wages	Lost future earnings
Cost of household or nursing help during recovery	Pain and suffering
Cost of wheelchair, crutches, etc.	Physical disfigurement or permanent injuries
Cost of rental car	Loss of consortium
Property damage	Lost opportunity

Punitive Damages

Punitive damages are imposed as a means of punishing the defendant for intentional conduct or gross negligence in causing a Birmingham car accident. These types of damages are reserved for conduct that is so egregious that a pecuniary penalty is warranted to deter the defendant from committing the same wrongful act in the future. In Birmingham, punitive damages awards may not exceed $1.5 million for accident cases that involve physical injury. Contact the Birmingham car accident lawyers at the The Walker Law Firm at 1-877-925-5373 to discuss which types of damages may be applicable in your auto accident case.

Factors Affecting Damage Awards

• Nature of Injury: It stands to reason that the most important factor affecting the amount of recoverable damages is the nature of the injury sustained. The more serious the injury, the higher the value of the claim. In addition, the amount of treatment required, as well as the degree of permanency of your injuries can significantly affect the amount you will recover. Conditions which require surgery and extensive rehabilitation will present more compelling evidence of damages than injuries that heal without the need for medical intervention.

• Contributory Negligence: If a plaintiff is found even partially at fault for causing an accident, he or she may not be able to receive any compensation for injuries sustained in the accident. Contributory negligence is used to calculate the degree of the plaintiff’s negligence in causing the accident, and therefore, his or her own injuries. In Birmingham, if a plaintiff is found to be in any way partially responsible for causing the accident, he or she will be barred from recovering any damages. That means that a plaintiff who is only 1% at fault for causing the accident, will be unable to recover damages for his or her injury.

• Credibility of the Parties: Whether or not a jury or insurance company is likely to find you and your claim believable and of significant worth will strongly impact your claim. Can you accurately describe the events of the accident? Are you intelligent and well spoken? Would you make a good witness on your own behalf? The term used to describe the intangible factors is “jury appeal.” Remember that the jury members will judge both you and the defendant, and that their opinion of you will weigh into their decision on whether to award you damages, and if so, how much. It is important that all of the claims that you make are supported by the evidence, or you may quickly lose credibility with the jury. The credibility and perception of the defendant will also affect the amount of money you receive. If the defendant in a car accident case is a 20 year old driving a sports car, jurors aren’t likely to view the defendant favorably. This can also help the plaintiff in cases where the defendant refuses to admit fault for the accident. Exposing the “holes” in the defendant’s version of the accident will damage the defendant’s credibility, resulting in higher damage awards in most cases.

• Plaintiff’s Age: Age plays a role in determining the value of a plaintiff’s claim for damages, particularly where permanency of injury is alleged. If you are a 20-year-old woman who lost her leg in a Birmingham auto accident, then a jury will award a higher amount of damages than if you are an 80-year-old woman with the same injury. The basis for this is that the younger woman has more future pain and suffering, loss of enjoyment of life, loss of income, and mental anguish ahead of her than does the older woman.

• Witness Testimony: The credibility of witnesses also plays a role in affecting the amount of recovery. This relates not only to witnesses to the accident itself, where proof of fault can be affected by their testimony, but to witnesses who are called to testify as to the extent of your damages as well. It is helpful to have credible witnesses who can clearly describe your condition before the accident to the jury, so as to assist them in understanding the change in your condition after the accident. In addition, expert witnesses often play a critical role in the outcome of any personal injury trial. In cases where there are “dueling experts,” the background and professional experience of your expert is critical to establishing his or her influence over the jury.