What Damages Can You Claim in an Accident Lawsuit? It can be difficult to know the amount of compensation you're entitled following a car accident. A competent lawyer can help you navigate the settlement process and ensure that you get the right compensation for both your short-term as well as long-term losses. A lawsuit usually involves filing a complaint and then going through a process of discovery which can last anywhere from a couple of months or even one year. During this time, your attorney will collect medical treatment documents, interview witnesses and pull reports on crashes. Medical Treatment The majority of accident lawsuits involve medical treatment. This is because injured victims need medical bills and records to prove that their injuries are real, that they were caused by the accident, and how much they have suffered. Many people don't seek medical attention following the crash of their car for many reasons. Perhaps they are fine at the time, or they aren't sure if they've sustained an injury. Perhaps they're in a hurry to get home and are looking to relax. Whatever the reason for why they do not see a doctor, this could result in a problem for their accident claim. First an ophthalmologist is the only person who can verify whether an injury was caused by an accident. They can also determine the cause of injuries and formulate an treatment plan. This is why it's important to visit a doctor immediately following a collision. https://vimeo.com/709509166 to follow up with any doctors or specialist who are referred to you, take any prescribed medication, and make any scheduled follow-up appointment. Your medical records will be examined by insurance companies to determine the severity of your injuries. They may try to use your medical records against you, in order to argue that the injury was caused by something else that was not an accident. This can be avoided if you see an experienced doctor who knows what to look for and will give you the correct documentation. A doctor can also determine the length of your treatment and when you'll be at the point of maximum medical improvement. MMI is the term used to describe an area of your recovery when it is unlikely that you will recover any further. This will enable your lawyer to determine the amount of compensation you deserve for medical expenses, lost wages and property damage. This can be used to increase the amount of a settlement offer. Accurate and complete medical records can help you avoid missed deadlines for payment that could have serious financial consequences. Property Damages Property damage is a type of loss that is paid out in a lawsuit involving an accident. This could include your vehicle being damaged or items inside your home that are damaged because of another's negligence. Note the damage and the much it will cost to repair or replace the item. This will allow you to get fair compensation for the loss. This is where your attorney can help, as they will negotiate with the insurance company on your behalf, aiming to get you a better settlement. If they are not willing to give you a fair offer, your lawyer will file a lawsuit against the responsible party. This document will detail your legal theory of the incident and explain why the insured is responsible for your injuries under NY law. The Defendant or their attorney will respond to the complaint by accepting it or denouncing it. In certain cases they may 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 information and documents in a formal manner. This includes writing questions (called interrogatories) and the right to inspect other parties' property or employ experts to prove their side of the case. This is an extremely important aspect of the lawsuit process, as it can uncover information that either side was unaware of prior to. This can make a big difference in the outcome of your case, especially if the other side is trying to hide evidence or claim responsibility. Your Long Island accident lawyer will use the information obtained from this procedure to draft a letter to be sent to the insurance company of the party at the fault. The letter will reaffirm the defendant's liability in the accident and state why their insured is responsible for your damages in accordance with NY law, and ask for a specific amount to settle. The insurance company will usually respond with a counteroffer, and the negotiation process will begin. Sometimes the parties can decide to settle a matter prior to the trial. This is an ideal solution for all parties, especially since trial is a lengthy and risky process. Most car accident lawsuits are settled out of court because it's more affordable, faster and less stressful for everyone involved. Lost Wages You could be entitled to compensation for the loss of earnings resulting from your accident injuries. This kind of compensation could help you get back into the financial position you would have been if you didn't have missed time off work due to your recovery. If you are seeking this type of claim, you must be prepared to present documents that support your claim. These documents could include pay stubs and tax documents. It is important to know that lost wages comprise of the overall category of damages known as "economic damages". Economic damages are paid in order to pay for costs directly related to your accident or injury. Therefore losing income is only one element of your total compensation package, which includes other costs like property damage, medical treatment as well as pain and suffering. In order to prove the loss of your wages, you will need to have the documentation of how long you were absent from work as a direct result of the accident as well as your injuries that resulted. This could be a written statement that includes relevant information, including dates you were unable to work as well as your current salary and the number of hours you work per week. You can also include documents that support your claim, like bank statements, profit and loss reports and receipts, as well as other financial information. Your attorney can review all the documents and information that you have submitted to insurance companies on your behalf. They will make sure that everything is accurate and accurate before filing a demand for the loss of wages. This is essential because if you're not careful, any mistakes in these documents can result in a denial of the amount of your damages. A personal injury lawyer can handle all communications with insurance companies about your claim. This can save you time and energy. Your lawyer can negotiate with insurance companies, share the evidence that supports your claim and negotiate a settlement that is fair to you. It can be difficult to recover from serious injuries, particularly when you need to negotiate with the insurance company. McIntyre Law's legal team can help you deal directly with the insurance company of the responsible party. take legal action if needed and seek compensation for lost wages. Pain and Suffering Victims of injuries may seek compensation for pain and suffering, which is not a monetary amount. This can include any physical or emotional pain that a victim of an accident feels because of the injury. This type of damage is more difficult to quantify than medical bills or lost wages. It requires more evidence, like witness testimony and the victim’s own statements. Pain is the most obvious component of suffering and pain. However, it may also encompass other things. It could cover any discomfort you feel in your body because of the injury, such as bruises and abrasions. It also covers your feelings, such as anxiety, fear, and depression. It could also be a financial loss, for example, the amount that you miss out on because you are unable to participate in activities you were enjoying prior to your accident. There are different methods to quantify the amount of pain and suffering. The method you decide to use will depend on the specific circumstances of your situation. Certain insurance companies employ the multiplier method. In this method, the actual damages are calculated and then multiplied by a number that depends on the severity of your injury in order to calculate an estimate for your suffering and pain. A judge or jury will decide regarding the value of your pain and suffering. It may be useful to consult with an attorney if aren't sure about the worth of your suffering and pain. They can help you comprehend the different elements of pain and suffering and give a full account of your experiences that you can prove the impact of your accident on your life. A lot of people are hesitant to talk about their pain and suffering because they don't want to be perceived by others as being a source of complaint. But, it's essential to do this in order to receive fair compensation for your accident. A lawyer can help you create evidence to demonstrate the severity of your injury with vignettes and stories that show your life prior to and after the accident.