Not necessarily. If the passenger can recover enough compensation for damages through their insurance company and the at-fault driver’s insurance company via a settlement, they do not have to go to court. If the passenger cannot recover enough—let’s say the injuries are catastrophic, and the injured passenger attempts to settle with the at-fault driver’s insurance, but the insurance company denies the claim or refuses to come to a fair and reasonable settlement, the passenger can file a lawsuit against the at-fault driver. Because the no-fault laws are complex, and recovery may rest with multiple defendants, passengers should always retain a car accident lawyer to assist with their claims. Recovering Damages After a Car Accident If you use only the no-fault insurance, you can only recover medical expenses and lost wages. If you have additional damages, you can settle with the insurance company. If that doesn't work, you might need to litigate. In some circumstances, you may recover compensatory damages and punitive damages. The court orders compensatory damages, which encompass economic and non-economic damages, to make you whole again. Economic Damages Sometimes referred to as special damages, economic damages have a direct monetary value. They include: Medical Expenses Depending on the severity of your injuries, you could recover from your injuries within weeks, or you may end up with long-term or permanent disabilities. If you suffer catastrophic injuries, you may incur medical expenses for the rest of your life. Medical expenses include: • Doctors’ appointments. • Surgeries and follow-up appointments. • Prescriptions and over-the-counter medications. • Ambulatory aids, including canes, walkers, crutches, and wheelchairs. • Physical therapy. • Occupational therapy. • Psychological therapy. • Cognitive therapy. • Hand controls for your vehicle. • Medical equipment, such as oxygen tanks, shower chairs, walkers, and wheelchairs. • Updates to your home, including handrails, grab bars, widened doorways, and wheelchair ramps. Income After suffering injuries in a car accident, you may be unable to work for a significant period o time. In this case, you can collect lost wages from an insurance policy's personal injury protection. However, if your injuries cause long-term or permanent disabilities, you may also recover compensation for loss of future earning capacity. You will probably need to file a claim with the at-fault driver's insurance or sue the at-fault driver to recover for loss of earning capacity. If your damages include loss of earning capacity, you can collect compensation from the time of the accident until your expected retirement date. This amount can reach hundreds of thousands of dollars, depending on your current salary and age. Personal Property The insurance company should cover compensation to replace or repair your personal property, including your vehicle. If you had anything of value in the vehicle, the insurance company should also cover repairing or replacing those items, including cell phones and computers. Death-Related Expenses If you lost a loved one in a car accident, and your loved one was a passenger in the vehicle, you could recover death-related expenses, including funeral and burial expenses, cremation expenses, certain probate court expenses, and the cost of a probate attorney. Non-Economic Damages General, or non-economic, damages do not have a direct monetary value. If you suffered injuries as a passenger in a car accident, you could recover non-economic damages. However, the no-fault coverage on your policy does not cover non-economic damages, so you must file a claim against the defendant. You can also file a lawsuit against the defendant to recover non-economic damages, including: • Pain and suffering, including emotional distress. • Loss of quality of life if you must make life-long changes, such as taking prescriptions or using ambulatory aids. • Loss of companionship if you can no longer enjoy spending time with your family or attending family activities and events. • Loss of consortium if you can no longer have a physical relationship with your spouse. • Loss of use of a body part, such as your hand or leg. • Loss of use of a bodily function, such as your eyesight or bladder. • Amputation of a digit or limb. • Inconvenience if you must hire someone to do your former chores, such as house cleaning, lawn maintenance, grocery shopping, and home repair and maintenance. • Excessive scarring or disfigurement. Punitive Damages The court only orders the defendant to pay punitive damages if they were grossly negligent or their actions were intentional. The court uses punitive damages as a punishment—this money is not to make you whole again. It takes extra steps and time to obtain punitive damages, but the extra effort is worth the wait for those who suffered severe or catastrophic injuries or lost a loved one. If you lost a loved one because they were a passenger in a car accident, and the at-fault driver was not a relative, the driver may owe you punitive damages if you can prove they took grossly negligent or intentional actions. If you suffered injuries as a passenger in a car accident or lost a loved one who was a passenger in a car accident, contact a car accident lawyer as soon as possible to get the support and compensation you deserve.