If you were seriously injured or lost a family member in a guardrail accident, you may be wondering what types of damages you can pursue. The answer to this question depends on several factors including the state where the accident happened, the type of claim you’re bringing (personal injury, wrongful death, or survival action), the severity of your injuries, and the kinds of damages incurred.
Under the pressure of mounting expenses, many personal injury victims choose to accept a quick settlement, only to find out later that they left considerable funds on the table. Whether you bring a claim against the guardrail manufacturer, another at-fault party, or your own first-party coverage, the insurance company has the incentive to pay out as little as possible.
It’s a good idea to familiarize yourself with the kinds of personal injury damages available in your state and the circumstances under which they might be recoverable. A guardrail injury attorney can assess the facts of your case and the evidence you’ve gathered to provide insight into the damages that might be available; however, it’s important to remember that a thorough investigation must be conducted to determine damages and approximate a fair settlement amount.
Types of Damages in Guardrail Injury Lawsuits
In most states, the damages in a tort action can be divided into compensatory and punitive damages. Compensatory damages include economic and non-economic damages, while punitive damages are intended to punish the defendant for particularly egregious behavior.
The following compensatory damages might be available to people who have suffered injuries due to defective guardrails:
- Past and future healthcare bills
- Lost income
- Loss of future earning capacity
- Damaged property
- Other objectively verifiable damages such as domestic help and home modifications
- Pain and suffering
- Loss of enjoyment in life
The spouses of personal injury victims might also be entitled to compensation for loss of consortium. The legal definition of loss of consortium varies by state but generally refers to the loss of love, affection, companionship, and/or intimacy.
Punitive damages are rarely awarded in personal injury cases since these damages aren’t actually intended to compensate the victim for his or her losses but, rather, to punish the defendant. These damages are only warranted in cases involving egregious behavior. The specific circumstances when punitive damages are awarded vary by state. In a guardrail injury case, punitive damages might be available if it can be proven that the defendant was fraudulently concealing evidence of a dangerous defect.
Even if the guardrail manufacturer did not conceal evidence, you might still be able to recover compensatory damages. In many states, product manufacturers may be held strictly liable for damages resulting from a product defect, meaning that a finding of fault isn’t necessary to impose liability.
Call or Text 877-544-5323 to Speak with a Guardrail Injury Lawyer
At The Law Offices of Richard J. Serpe, PC, we accept guardrail injury cases from all around the United States. Our lawyers can review your case in a free consultation and help you make informed decisions. Call or text 877-544-5323 or send us a message to speak with a member of our team.