Auto Accident Lawyer Damages and Compensation 1 — Questions and Answers
Question 1: What are 'special damages' in an auto accident lawsuit?
- Damages awarded for emotional distress
- Damages for specific, quantifiable economic losses like medical bills and lost wages (Correct answer)
- Punitive damages for extreme negligence
- Damages for loss of consortium
Correct answer: Damages for specific, quantifiable economic losses like medical bills and lost wages
Special damages (also called economic damages) are objectively calculable financial losses such as medical expenses, lost wages, property damage, and future care costs.
Question 2: What are 'general damages' in an auto accident lawsuit?
- Standard insurance payouts
- Non-economic losses like pain and suffering, emotional distress, and loss of enjoyment of life (Correct answer)
- The total of all calculable expenses
- Damages available in all 50 states uniformly
Correct answer: Non-economic losses like pain and suffering, emotional distress, and loss of enjoyment of life
General damages compensate for intangible, non-economic losses including pain and suffering, mental anguish, and loss of enjoyment of life that are harder to quantify.
Question 3: What are 'punitive damages' and when may they be awarded in an auto accident case?
- Damages to replace lost property
- Damages awarded above actual losses to punish particularly egregious conduct such as drunk driving (Correct answer)
- Standard compensation for medical bills
- Damages capped at the insurance policy limits
Correct answer: Damages awarded above actual losses to punish particularly egregious conduct such as drunk driving
Punitive damages punish defendants for egregious, reckless, or malicious conduct — such as drunk driving or racing — beyond compensating the plaintiff.
Question 4: What is 'loss of consortium' damages in an auto accident case?
- Loss of vehicle usage
- A spouse's claim for loss of companionship, affection, and support due to the other spouse's injuries (Correct answer)
- Loss of business income
- The injured party's claim for loneliness
Correct answer: A spouse's claim for loss of companionship, affection, and support due to the other spouse's injuries
Loss of consortium compensates a spouse or family member for the loss of companionship, care, and intimacy resulting from the injured plaintiff's auto accident injuries.
Question 5: What does 'future medical expenses' as a damage category cover in an auto accident claim?
- Past medical bills not yet paid
- Anticipated costs of ongoing treatment, surgery, therapy, and care needed because of accident injuries (Correct answer)
- Insurance premiums going forward
- The cost of a new vehicle
Correct answer: Anticipated costs of ongoing treatment, surgery, therapy, and care needed because of accident injuries
Future medical expenses compensate for the projected cost of care — including surgeries, rehabilitation, medications, and long-term care — that the plaintiff will need in the future due to accident injuries.
Question 6: What is the 'per diem' method of calculating pain and suffering damages?
- Calculating daily medical costs
- Assigning a dollar amount to each day the plaintiff lives with pain and suffering from the accident (Correct answer)
- Dividing total damages by the number of defendants
- Calculating hourly lost wages
Correct answer: Assigning a dollar amount to each day the plaintiff lives with pain and suffering from the accident
The per diem method assigns a daily dollar value — often equal to the plaintiff's daily wage — to each day the plaintiff suffers pain from accident injuries, then multiplies it by the expected duration of suffering.
Auto Accident Lawyer Damages and Compensation 1
What are 'special damages' in an auto accident lawsuit?