You probably already know that distracted driving is a serious issue, but if you’ve been hit by a distracted driver, there’s a good chance you’re still trying to figure out what exactly you’re entitled to and how it all works.
That’s not your fault. Most people don’t find themselves googling this kind of stuff until they’re in the middle of it, trying to get their life back on track after someone else’s mistake.
Now, if you’re planning to recover money for those losses, you’ll need to understand what your rights are and how the claims process works. A big part of that is being able to pursue an insurance claim effectively.
What You Can Be Compensated
There are three main categories your losses might fall into: economic, non-economic, and punitive damages.
Economic Damages
These are the damages that have dollar signs attached to them. They’re considered tangible because you can usually back them up with bills, receipts, pay stubs, or records. But even within this category, people still miss things they should be claiming.
Medical Expenses
Most people think this just means the ER bill. It doesn’t. It covers everything from the ambulance ride to post-surgery rehab. If you need medications, therapy, follow-up visits, or even medical equipment to get through the day, all of that counts. Even future medical costs matter, especially if your injuries are long-term or permanent.
Lost Income
This doesn’t just mean the paycheck you missed while healing. It can also include bonuses you lost, promotions you couldn’t chase, or commissions you didn’t earn because you weren’t at work. If your career has taken a hit — maybe you can’t work the same hours or type of job anymore — that’s considered a diminished earning capacity, and you should be compensated for that.
Property Damage
This goes beyond just getting your car fixed. If your laptop, phone, bike, or even the clothes you were wearing got damaged, they’re all part of the claim.
Out-Of-Pocket Costs
These costs are another thing people skip. Did you have to Uber to physical therapy? Pay someone to watch your kids because you can’t drive? Install a ramp at home because of mobility issues? All of that should be part of the conversation.
Non-Economic Damages
First up on this is pain and suffering. This isn’t just about how much it hurt when the car hit you. It’s about how long the pain has lasted, how it’s changed your daily life, and how it’s continuing to affect you physically.
There’s also emotional and mental distress. After an accident, it’s common to experience anxiety, depression, or even PTSD. If you’re having nightmares, panic attacks, or you’re constantly on edge while driving, that’s part of your claim. It matters just as much as the physical side of things.
Then there’s loss of enjoyment of life. If you can no longer do the things that used to bring you happiness, that’s a loss worth acknowledging.
Loss of consortium is another non-economic damage that applies if your relationship with your spouse or partner has suffered because of the accident. This could mean a change in intimacy, communication, or just your ability to connect as a couple.
In Case Of Death: Wrongful Death Damages
If the distracted driving accident resulted in a fatality, the case becomes a wrongful death claim. That opens up a whole different set of compensations, not just for the financial support the deceased would have provided, but also for the emotional loss their family is experiencing.
Here are the specifics that make up this damage:
- Funeral and burial costs
- Lost income and benefits that the person would have earned
- Loss of companionship and guidance for the surviving family
- The suffering the deceased endured before death
- Grief and suffering of surviving loved ones
- In extreme cases, punitive damages as well
Conclusion
In a distracted driving accident, damages are basically the different kinds of harm you’ve suffered (physically, emotionally, financially) that you can legally ask for compensation for. But to make sure you actually get what you deserve, you need to understand your damages inside and out. And if you’re planning to file an insurance claim, you’ll need to be clear and detailed about every single loss, both the obvious ones and the ones you don’t realize are claimable until someone points it out.
We are not lawyers and this is in no way intended to be used as legal advice . We cannot be held responsible for your results. Always do your own research and seek professional legal help.
Daniel is a Cinnamon Hollow author passionate about house and home, renovations, homesteading and DIY.
