North Carolina Rental Car Accident Attorney

When an accident happens, it is typically because someone was negligent in their driving. Negligence is proven by a logical formula in courts: duty, breach, injury, and causation.

Essentially, to prove negligence, you must show that someone acted unreasonably (by driving recklessly, for example) and, in doing so, directly caused injury to another person. This injury can be physical, as in a concussion, or it could be a loss of property, i.e., the rental car was totaled. Once negligence is proven, the court will move on to analyze damages.

There are three different types of damages that can be won in a negligence lawsuit: economic, non-economic, and punitive. Economic damages are measurable and can be proven with a receipt, invoice or bill and can include:

• Past and future medical bills.
• Lost wages from time out at work.
• Loss of earning capacity.
• Property damage, i.e., car repairs or items broken inside the vehicles.

Non-economic damages are intangible losses suffered from an accident and can include:

• Physical pain and suffering.
• Emotional distress.
• Loss of consortium.
• Inconvenience from having to live with physical limitations due to the accident.

These damages can be highly subjective and require nuanced argument. For instance, consider a former Olympic athlete who, before the accident, still competed for fun and coached their children. They may have expert witness testimony on depression and anxiety amongst disabled former athletes. They will likely receive more damages than someone who rarely relied upon their physical abilities for enjoyment.

Punitive damages are awarded as a punishment to the defendant for particularly egregious actions. This must be proven to a higher standard than other damages. However, when awarded, the amount is usually significantly higher than the other categories.