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Office LocationKamerow Law Firm, PLLC
5001 Seminary Road, Suite 110
Alexandria, VA 22311
Recouping Damages From An Auto Accident
When you are involved in an auto accident due to another party’s negligence or fault, the appropriate step is to pursue fullest compensation for damages. But when your attorney talks about recouping damages, what are the factors that are to be considered? Most of us know the basics – rental car, medical bills, and lost or damaged property (I.e. items inside your vehicle). To what extend do damages reach beyond these basics? Let’s explore a few considerations together based on three categories – remunerative damages, contributory negligence, and punitive damages.
Remunerative damages should elicit compensation for:
- Medical expenses
- Loss of wages
- Loss of future earning abilities
- All other relevant economic losses
- Pain and suffering
- Mental anguish
When a person is found to be as little as 10% at fault for the cause an accident this is called contributory negligence. Pure Contributory Negligence means that when a person is found to have contributed to the accident (at fault by at least 10%), they are ineligible to recover damages. Even if the defendant is 90% at fault. Overcoming this obstacle in an auto accident case requires the experience and skill of a proficient lawyer. There are only four places in the U.S. that recognize what’s called Pure Contributory Negligence and we happen to represent clients in 3 of the four (Virginia, Maryland, and Washington, D.C.).
When egregious misconduct has occurred beyond negligence by the at-fault parties, punitive damages may be appropriate. Here are a few questions you may ask to find out if punitive damages are a viable pursuit:
- Was the driver intoxication or under the influence of a controlled substance?
- Did the driver knowingly take a vehicle onto the road that was unsafe?
- Was the driver on the road despite his or her incompetence?
- Was the driver intentionally driving at excessive speeds?
- Was the driver recklessly violating safety and traffic laws?
In pursuit of the fullest appropriate compensation for damages in the wake of your accident, anyone named in the suit may be liable to pay damages. This could products liability claims, roadway and construction safety claims, and so on.
No case is too large or too small for the versatile personal injury attorneys at Kamerow Law Firm. Regardless of how you have been hurt, if someone else’s negligence is to blame, we can evaluate your potential case right away.
Contact Kamerow Law Firm, PLLC in Alexandria, Virginia
Contact us to schedule a consultation to discuss your serious car accident. Call 703-370-8088.