What Damages Can You Claim in an Accident Lawsuit? After a car crash, it can be difficult to determine the damages you are entitled to recover. A competent lawyer can guide you through the settlement process and ensure you get the proper compensation for your long-term and short-term loss. A lawsuit usually involves filing a complaint, and then going through a process of discovery that can last a few months to an entire year. During this period the attorney will collect medical records, question witnesses, and collect reports on crashes. Medical Treatment Medical treatment is a major component of the majority of lawsuits involving accidents. The reason for this is that injured victims need medical bills and records to prove that their injuries are real, were caused by the accident and how much they have suffered. But, https://vimeo.com/709534191 of people don't seek medical attention following a car accident for various reasons. Perhaps they are feeling fine at the time, or they don't know if they've suffered an injury. Perhaps they're rushed to get home and just want to relax after the crash. Regardless of why they do not see a doctor, this could have consequences for their claim for compensation. A doctor is the only one who can determine if the injury was caused in part by the accident. A doctor can also determine the cause of the injury and devise an appropriate treatment plan. This is why it's important to see a doctor immediately following a collision. It's essential to follow-up with any doctor or specialist that is referred, take any prescribed medication, and be present at any scheduled follow-up appointment. Insurance companies will examine your medical records to determine the severity of your injuries. They might also attempt to make use of them against you, asserting that the injury you claim to have is an actual pre-existing condition or the injury was caused by something other than the accident. This is a possibility when you consult a doctor who is aware of what to look for and can give you the correct evidence. A doctor can also determine the length of your treatment as well as when you'll reach your maximum medical improvement. MMI is the term used to describe an area of your recovery at which it is unlikely that you will recover further. This allows your attorney to calculate the amount of compensation you are entitled to for medical expenses, lost wages, and property damage. This can be used as leverage to increase the amount of the insurance settlement offer. Complete and accurate medical records can also aid you in avoiding deadlines for payment, which can have serious financial consequences. Property Damages Property damage is one type of loss that an accident lawsuit can compensate you. This could mean your car being damaged, or belongings in your home that have been damaged because of another's negligence. It is essential to document the damaged items and the amount it would cost to repair or replace them, as this can help you receive an appropriate amount of money for your loss. Your lawyer can assist in this regard, as they will work on your behalf with the insurance company to negotiate a higher settlement. If they're not willing to offer you a fair offer Your lawyer will file a lawsuit against the person at fault. This document will lay out your legal theory regarding the accident and why their insured is accountable for your injuries under NY law. The defendant or their attorney will then reply by accepting or denying the complaint. In certain cases they may also try to shift blame by making a counterclaim or cross-claim against you. During the process of discovery during the discovery process, both parties will communicate information and documents in a formal manner. This includes writing questions (called interrogatories) and the right to examine another parties' property or engage experts to defend their side of the case. This is a crucial part of the litigation process since it can reveal information that the parties were unaware of prior to. This could have a major impact on the outcome of a case especially if the other side is attempting to conceal evidence or deny responsibility. Your Long Island accident attorney will draw on the information collected during this process to draft an email that will be sent to the insurance company. The letter will clarify the liability of the defendant for the accident, as well as explain why their insured is liable for your damages according to NY law, and ask for a settlement amount. The insurance company is likely to respond with a counteroffer and then the negotiation process begins. Sometimes the parties can are able to agree to settle the case before trial. This is an ideal solution for all parties, especially because trial can be a lengthy and risky process. Most car accident lawsuits settle out of court because it is more affordable, faster and less stressful for all involved. Lost Wages You could be eligible to receive compensation for lost wages that result from your injuries. This kind of compensation can assist you in getting back to the financial situation you have been in if you hadn't been able to work while recovering. When pursuing this type of compensation, you need to be prepared to present documents that prove your claim. This could include pay slips and tax documents. It is important to note that lost wages are considered as part of a broad category of damages referred to as "economic damages." Economic damages are paid to compensate you for expenses directly connected to your injury or accident. Therefore lost income is just one element of your total compensation package, which also includes other costs such as property damage, medical treatment and suffering and pain. To prove that you lost your wages, you will need to have the documentation of how long you were absent from work as a direct result of the accident and your injuries that resulted from it. This could be in the form of a letter that includes relevant information, including dates you were unable to work or your current salary and the number of hours you work on an average week. It is also possible to include other documents that support your claim, such as bank statements or profit and loss reports receipts, or other financial information. Your attorney can review all the documents and other information you provide to the insurance companies on your behalf and ensure that everything is accurate and accurate before filing a demand for the loss of wages. This is crucial because if you're not careful, any misstatements in these documents could cause a denial for the amount of your damages. An attorney for personal injury can manage all communications with insurance companies regarding your claim. This could help you save time and energy. Your attorney can negotiate with insurance companies, and present the evidence that supports your claim and negotiate a settlement that is fair to you. The entire process of recovering for your injuries from an accident is a challenge, especially when you're trying to recover from severe injuries. The legal team at McIntyre Law will help you to negotiate with the responsible party's insurance company or file a lawsuit, when necessary, and seek compensation for your lost wages. Suffering and Pain Injured victims can seek compensation for pain and suffering, which is a non-monetary loss. This can include any physical or emotional pain that a victim of an accident feels due to the accident. This is harder to quantify than other damages like lost wages or medical bills This is why it requires more substantiation through witness testimony as well as the victim's own statements. Pain is the most obvious aspect of suffering and pain damages. But, it can also include other things. It can cover any discomfort that you feel in your body because of your injury, including abrasions and bruises. It also covers your emotional reactions such as anxiety and fear. It can also be the loss of income such as the loss of money because you are unable to do things you enjoyed prior to your accident. There are a variety of ways to calculate pain and suffering. The method you choose to use will depend on the specific circumstances of your situation. Certain insurance companies employ the multiplier method, in which the actual damages are calculated and then multiplied by a figure that is based on the severity of your injury to arrive at the amount of your suffering and pain. A jury or judge will then make a final decision on the amount you should be paid for your suffering and pain. If you are unsure about how much your pain and suffering is worth, it could be beneficial to consult an attorney who specializes in personal injury. They can assist you to be aware of the various elements that cause pain and suffer, and provide a detailed account of your experience that you can use as proof of the impact of the accident on your life. Most people are reluctant to speak about their pain and suffering since they don't want to be perceived as complainers, but it is essential to do this if you are trying to receive fair compensation for your accident. An attorney can help collect evidence to show the impact of your injury. This includes vignettes and stories that explain how your life was prior to and after the accident.