
What Damages Can I Recover After a Highway Collision?
Highway collisions can leave behind more than just wrecked vehicles—they can change the course of your life. At high speeds, these crashes often result in severe injuries, long-term disabilities, or even fatalities.
Whether you’re dealing with broken bones, a totaled vehicle, or months of physical therapy, the aftermath of a highway crash can be overwhelming. And unfortunately, the bills don’t wait.
If another driver caused your accident, you have the right to seek compensation. But understanding what you can actually recover isn’t always straightforward.
There are different types of damages, from medical costs and missed paychecks to less obvious losses like emotional distress or future care needs. And if your crash happened in Washington or Florida, your recovery process may look slightly different based on each state’s legal system.
This guide walks through the types of damages available after a highway collision, how they’re calculated, and what to expect when pursuing a personal injury claim. While every case is different, understanding your rights is a critical first step in holding the at-fault party accountable—and rebuilding your life after a serious crash.
Economic vs. Non-Economic Damages
When you’re hurt in a highway collision, the losses you face can fall into two main categories: economic and non-economic damages. Understanding this distinction helps clarify what types of compensation you may be entitled to pursue under Washington and Florida personal injury law.
Economic damages are your measurable, financial losses. These include medical bills, lost income, out-of-pocket costs, and property damage. If you had to rent a car, hire help around the house, or pay for physical therapy, these fall under this category. Because they can be backed up with receipts, pay stubs, and bills, these are typically easier to prove.
Non-economic damages, on the other hand, reflect the emotional and psychological toll of the accident. These are sometimes called “pain and suffering” damages and may include anxiety, depression, physical discomfort, reduced quality of life, and emotional trauma.
Even if you’ve recovered physically, lingering mental or emotional injuries may still entitle you to compensation.
Both Florida and Washington allow injury victims to pursue both types of damages. However, the methods of calculating and awarding these vary by case. It’s important to speak with an attorney who can evaluate your situation and help you understand the full scope of your potential recovery.
Medical Expenses and Treatment Costs
Medical bills are often the most immediate and overwhelming cost following a highway crash. Even a single ambulance ride or emergency room visit can cost thousands of dollars.
And if you suffered serious injuries—like broken bones, a traumatic brain injury, or spinal trauma—your bills may include weeks or months of treatment.
You may be able to recover compensation for:
- Emergency room care
- Hospital stays and surgeries
- Doctor visits and specialist consultations
- Prescription medications
- Physical therapy or rehabilitation
- Medical devices like crutches, braces, or wheelchairs
- Mental health support or therapy
Florida operates under a no-fault system, meaning your own personal injury protection (PIP) insurance covers some of your initial medical costs, regardless of who caused the accident. But if your injuries are serious enough to exceed the PIP threshold, you can file a claim against the at-fault driver. In Washington, which uses a fault-based system, you may pursue a claim directly against the driver responsible from the outset.
No matter the state, it’s crucial to keep detailed records of every treatment and expense. These records will be used to demonstrate the financial impact of the crash and support your claim for full compensation.
Lost Wages and Loss of Earning Capacity
After a highway collision, many victims find themselves unable to work—sometimes for weeks, sometimes for months. In serious cases, they may never return to their previous job or earning level. That’s why lost wages and loss of future earning potential are essential components of any accident claim.
Lost wages refer to the income you’ve already missed out on due to your injuries. This includes hourly or salaried work, freelance or contract earnings, missed bonuses, and even the value of used sick or vacation time. If your injuries forced you to cancel work-related travel or projects, those losses may also be included.
Loss of earning capacity focuses on your future. If your injuries limit your ability to do your previous job or reduce your hours, you may be entitled to damages for the long-term financial impact.
For example, someone who worked in construction but can no longer lift heavy objects might need to switch careers, take a pay cut, or leave the workforce entirely.
Both Washington and Florida allow injured parties to pursue these damages. Calculating them often requires input from financial professionals or vocational experts—another reason why having an attorney handle your case can make a major difference.
Property Damage and Vehicle Repair Costs
Beyond injuries and lost wages, highway accidents almost always result in some level of vehicle damage. Whether your car was totaled or just needed a few repairs, you may be eligible to receive compensation for all related expenses.
These are considered property damage claims and can be filed separately or as part of your overall personal injury case.
Property damage may include:
- Vehicle repairs or the fair market value if the car is totaled
- Replacement of personal items lost or damaged in the crash (e.g., phone, laptop, child car seat)
- Towing and storage fees
- Rental car or transportation costs while your vehicle is being repaired
In Washington, the at-fault party’s insurance is typically responsible for these costs. In Florida, your own insurer may initially handle some of these expenses under your collision or PIP coverage, depending on the circumstances. However, pursuing a claim against the negligent driver may be necessary to recover the full cost of damages, especially in serious crashes.
It’s a good idea to get repair estimates, photos of the damage, and documentation of any out-of-pocket expenses. These can help strengthen your claim and demonstrate the actual financial impact of the crash.
Pain and Suffering Damages
While medical bills and car repairs are relatively straightforward to calculate, pain and suffering are more subjective. These damages aim to compensate you for the emotional and physical distress caused by the crash—things that can’t be easily measured but still have a real effect on your life.
Pain and suffering may include:
- Chronic physical pain
- Anxiety, depression, or PTSD
- Emotional trauma or distress
- Loss of enjoyment of life
- Sleep disturbances
- Physical limitations that affect daily activities
In both Florida and Washington, pain and suffering damages are available in personal injury claims, but only when you meet certain criteria. For example, Florida’s no-fault system restricts lawsuits for pain and suffering unless you suffer a serious or permanent injury.
Because these damages are subjective, insurance companies often try to minimize or deny them. They may argue your injuries weren’t severe or that you recovered quickly. That’s why documenting your symptoms, attending therapy, and maintaining a medical journal can be helpful. In some cases, testimony from friends, family, or mental health professionals may be used to show how your life has changed since the accident.
An attorney can work to ensure that your pain is taken seriously and appropriately valued during settlement negotiations.
Emotional Distress and Loss of Enjoyment of Life
In more severe collisions, victims may experience ongoing psychological harm that goes beyond immediate stress or inconvenience. Emotional distress damages are designed to compensate for the mental and emotional toll of the crash, while loss of enjoyment of life refers to how your ability to participate in daily or meaningful activities has changed.
Examples of emotional distress may include:
- Panic attacks while driving
- Fear of traveling or returning to work
- Difficulty sleeping or concentrating
- Relationship struggles due to mood changes or irritability
Loss of enjoyment might involve:
- Being unable to return to a favorite sport or hobby
- Missing out on family vacations or milestones
- Losing independence due to mobility limitations
These damages are particularly relevant in high-speed highway collisions, where the physical and emotional consequences can be long-lasting. While not always awarded in every case, they are worth pursuing when your quality of life has taken a serious hit.
Florida and Washington courts recognize the legitimacy of these claims, but they must be backed by strong evidence. Consistent mental health care, honest self-reflection, and a willingness to document your experiences can help establish these damages in a claim or lawsuit.
The Insurance Company Is Not Your Advocate
It’s common to believe that insurance companies are there to help you, but this is rarely the case when serious injuries or large losses are involved. Insurance companies—whether your own or the other driver’s—are businesses first and foremost. Their goal is to reduce costs, not maximize your recovery.
Adjusters are trained to minimize payouts. They may:
- Downplay the severity of your injuries
- Question your need for certain treatments
- Offer quick settlements before you understand the full extent of your damages
- Use your own words or medical records against you
This is particularly true in highway accidents, which often involve higher speeds and more catastrophic injuries. If you’re unrepresented, you may not even know what types of damages you’re entitled to—or how much your case is truly worth.
You don’t need to navigate this alone. A personal injury attorney can manage the communication, advocate for a fair settlement, and guide you through your legal options. That way, you can focus on healing while someone protects your interests.
Most Claims Settle — But Only If You File
In both Florida and Washington, the majority of legitimate highway accident claims never reach the courtroom. Instead, they are resolved through settlement—often before a lawsuit is ever filed.
This process can allow injured parties to recover compensation without the delays, stress, and uncertainty of trial.
However, just because settlements are common doesn’t mean they’re guaranteed. If you never file a claim or engage with an attorney, you risk walking away with:
- A lowball insurance offer that doesn’t reflect your true losses
- Out-of-pocket expenses for things like long-term care or missed wages
- No compensation at all, especially if liability is contested or unclear
Having a personal injury lawyer on your side can make a substantial difference. Legal guidance helps ensure that you identify all possible damages, meet critical deadlines, and avoid common pitfalls. While no attorney can promise a specific outcome, experienced legal counsel increases the odds of reaching a fair settlement that reflects your actual losses.
There’s no upfront cost to talk to a lawyer, and most firms—including Boohoff Law—only collect a fee if they recover money for you. In other words, you have nothing to lose by getting a consultation—and potentially much to gain.
Call Boohoff Law for a Free Consultation
If you or a loved one were injured in a highway collision in Florida or Washington, the team at Boohoff Law, P.A. is ready to help.
With experience handling serious personal injury claims, we can assess your situation and help you understand the types of compensation that may be available. You don’t have to accept the insurance company’s first offer—and you don’t have to do this alone.
Call (813) 445-8161 in Tampa, (813) 321-7878 in Brandon, (941) 888-0848 in North Port, or (877) 999-9999 in Seattle.
There’s no obligation, and we don’t charge unless we recover compensation for you.
Frequently Asked Questions (FAQs)
What’s the average settlement for a highway accident?
There is no universal “average,” as every case is different. Settlement amounts depend on factors like the severity of your injuries, medical expenses, lost wages, and pain and suffering.
Can I recover compensation if I was partially at fault?
Yes. Florida and Washington follow comparative fault rules, meaning your compensation may be reduced based on your share of fault—but you can still recover damages.
How long do I have to file a claim after a highway crash?
In Florida, the statute of limitations for personal injury claims is typically two years. In Washington, it is also generally three years. However, exceptions exist, so consult a lawyer promptly.
Will my case go to trial?
Most highway accident claims are resolved through settlement. However, if negotiations fail or liability is contested, your case may go to court.
What should I do right after a highway accident?
Seek medical attention, report the crash to the police, gather evidence if safe to do so, and avoid making statements to insurers before speaking with an attorney.