What Damages Can You Claim in an Accident Lawsuit? It can be difficult to know what damages you're entitled to after a car crash. A lawyer with experience will assist you with the settlement process and ensure you receive adequate compensation for your long-term and short-term loss. A lawsuit usually involves filing a complaint and going through a discovery process that could last from a couple of months or even a year. During this time your attorney will gather medical records, interview witnesses and collect reports on crashes. Medical Treatment The majority of accident lawsuits involve medical treatment. Victims of injuries require medical bills and records to show their injuries, the extent to which the accident caused them, and how much suffering they've endured. Many people don't seek medical attention after a car crash for different reasons. They might have felt fine at the moment or not certain if they are injured. Perhaps they're in a hurry to get home and would like to rest. Whatever the reason they don't consult a doctor this could impact their claim to compensation for the accident. First doctors are the only person who can determine if an injury was caused by the accident. A doctor can also determine the cause of the injury and devise the treatment plan. It's important to consult the doctor right away following an accident. It's crucial to follow up with any specialist or doctor who are referred to you, take any prescribed medication, and be present at any follow-up appointment scheduled. Your medical records will be scrutinized by insurance companies to determine the severity of your injuries. They could also apply them against you by asserting that the injury you claim to have is actually a pre-existing condition or that it was caused by something other than the accident. You can avoid this if you see a qualified doctor who is aware of what to look for and will give you with the correct documents. A doctor can also determine the length of your treatment and the time you'll reach your maximum medical improvement. MMI means that you've reached a point at which your injury cannot be expected to improve with additional treatments, but you are not likely to get better. This will allow your attorney to calculate how much compensation you are entitled to for medical expenses and lost wages, as well as property damage, as well as suffering. This could be used to increase the value of an settlement from an insurance company. Complete and accurate medical records also allow you to avoid missed deadlines for payment that could result in serious financial penalties. Property Damages Property damage is a type of loss that could be covered in a lawsuit over an accident. It could be your car that has been damaged or the broken items that are in your house because of negligence. It is important to note the damaged items and how much they cost to repair or replace them, since it will allow you to receive an appropriate amount of money for your losses. This is where an attorney comes in and negotiate with the insurance company on your behalf in order to get you a greater settlement. If they are unable to give an offer that is reasonable your lawyer will file legal complaints against the person responsible. This document will lay out your legal explanation of the accident and explain why their insured is responsible for your injuries under NY law. The defendant or their lawyer will then decide whether to accept or denial of the complaint. In some instances, they will also attempt to shift blame by launching a counterclaim or cross-claim against you. During the discovery process during the discovery process, both parties will exchange documents and other information in a formal manner. This includes written interrogatories, the right to inspect the property belonging to the other party or hire experts to defend your side of the case. This is a very important element of the lawsuit procedure as it may reveal facts that the parties was unaware of prior to. This can make a big difference in the outcome of your case, particularly if the opposing party is trying to hide evidence or dismiss the liability. Your Long Island accident lawyer will use the information obtained from this process to write an email to be sent to the insurance company of the party at fault. This letter will explain the responsibility of the defendant in the accident, why their insured is responsible for your damages under NY law, and then ask for a settlement amount. The insurance company will usually respond with a counteroffer, and the negotiation process will begin. Sometimes, both parties agree to settle the case prior to trial. This can be an excellent solution for all parties, particularly because trial is a lengthy and risky procedure. The majority of car accident lawsuits are settled out of court because it's cheaper, faster and less stressful for all involved. Lost Wages You may be entitled to compensation for loss of earnings due to your injuries from an accident. This kind of compensation could assist in putting you back into the financial situation you could have been in if you didn't have missed time off work due to your recovery. When pursuing this type of damages, you must be prepared to submit documents that prove your claim. These could include paystubs profits and loss statements, tax documents, receipts and other financial documents. It is important to understand that lost wages are considered as part of a broad category of damages called "economic damages." Economic damages are awarded to compensate you for the costs directly related to your accident and injury. The loss of income is only one element of your compensation package. Other expenses, like medical treatment and property damage are also included. To prove that you lost your wages, you will need proof of how much time you missed from work as a direct result of the accident, as well as your injuries that resulted. This could be in the form of a letter with pertinent information, including dates you were unable to work or your current salary and the number of hours you work on average per week. https://vimeo.com/709533147 may also include other documents such as receipts of profit and loss accounts and bank statements as well as other financial records that support your claim. Your attorney can look over the documents and data you send to insurance companies to make sure all information is correct and complete prior to filing an application for compensation for lost wages. This is essential because if you're not careful, any errors in these documents can cause a denial of this portion of your damages. A personal injury attorney can manage all communications with insurance companies regarding your claim. This can save you time and energy. Your lawyer can negotiate with the insurance companies, present the evidence that supports your claim and suggest a settlement that is fair to you. The entire process of obtaining compensation for the injuries you sustained in an accident can be overwhelming, especially when you are trying to recover from severe injuries. The legal team at McIntyre Law will help you get in touch with the responsible party's insurance company and, when necessary, and seek compensation for your lost wages. Suffering and Pain Pain and suffering is a type of non-monetary damages an injured victim can seek compensation for. It is any physical or emotional pain or discomfort that an accident victim suffers due to their injuries. This is more difficult to quantify than other damages such as medical bills or lost wages, so it requires more evidence from witnesses testimony and the victim's statements. Pain is the most obvious element of suffering and pain but it can also encompass various other aspects as well. It could cover any discomfort you feel within your body due to the injury, such as bruises and abrasions. It also covers your emotional reactions like anxiety and fear. It could also be a financial loss, for example, the amount that you miss out on because of your inability to take part in activities you were enjoying prior to your accident. There are many ways to calculate pain and suffering. The method you use will depend on the specifics of your situation. Some insurance companies use a multiplier method, where the actual damages you suffer are weighed and then multiplied by a figure that is based on the severity of your injury to determine an estimate of your suffering and pain. A jury or judge will then make a final decision on the worth of your suffering and pain. It might be beneficial to speak with an attorney if are unsure of the value of your suffering and pain. They can help you understand the different elements of suffering and pain and can provide a detailed report of your experience which you can demonstrate the impact of your accident on your life. Many times, people are reluctant to discuss their suffering and pain as they don't want be perceived as complainers It is important to be honest in order to get fair compensation for your accident. A lawyer can help create evidence to demonstrate the effects of your injury through vignettes or stories that illustrate your life prior to and after your accident.