If the accident is completely your fault, you may be liable for the other party’s damages. If the accident is totally or partially the other party’s fault, you should be able to recover some or all of the following damages:
- property loss
- medical expenses
- wage loss (past and future)
- pain and suffering
- the loss of enjoyment of life
- the loss of consortium (marital support and services)
The amount of recovery will depend on your injuries, the percentage of fault attributed to the other party, and the presence of insurance. The importance of insurance cannot be overstated — you need it to get more than the most basic compensation, if that.
Who Is at Fault?
If you are not at fault at all for the collision, you should be able to recover 100% of your actual out of pocket damages plus a figure to compensate you for pain and suffering or disfigurement, depending on the amount of insurance and whether the other party has insurance or you have uninsured motorist coverage. If you have some fault in the accident you may have your recovery reduced by some percentage equal to your relative fault (called “comparative fault”).