What Damages Can You Claim in an Accident Lawsuit? Following a car accident it is difficult to know what damages you're entitled to claim. A skilled lawyer can help you navigate the settlement process and ensure you get the proper compensation for your long-term and short-term losses. https://vimeo.com/709542933 involves filing a claim, and then going through a discovery phase which can run between a few weeks and more than a year. During this time, your attorney will gather medical treatment records, interview witnesses and pull crash reports. Medical Treatment The majority of lawsuits involving accidents include medical treatment. The reason for this is that injured victims require 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. They may have felt fine in the moment, or they may not have had the confidence to know if they're injured. Perhaps they're in a rush to get home and want to rest following the accident. Whatever the reason for why they do not consult a doctor, this could affect their claim for compensation. First first, a doctor is the only person who can determine if an injury caused by the accident. A doctor can also diagnose the injury and create the treatment plan. This is why it's so important to consult a doctor after a car accident. It's important to follow-up with any doctor or specialist who are referred to you, take any prescribed medication, and be present at any follow-up appointment scheduled. Insurance companies will examine your medical records to see the severity of your injuries. They could also apply them against you by argument that an injury you say you have is actually a pre-existing problem or that it was somehow caused by something other than the accident. It is possible to avoid this if you consult with a doctor that knows what to look for and who will provide you the right evidence. Furthermore, a doctor is able to determine the length of time your treatment will take and when you will be at the point of maximum medical improvement (MMI). MMI is the term used to define a point in your recovery when it is unlikely that you will recover further. This allows your lawyer to determine 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. Accurate and complete medical records can help you avoid missing payment deadlines that could have serious financial implications. Property Damages Property damage is one kind of loss that an accident lawsuit can be compensated. It could be your car that has been damaged or damaged items within your home because of negligence. Document the damage and how much it cost to repair or replace the item. This will help you receive fair compensation for the loss. Your lawyer can assist you in this regard, as they will negotiate on your behalf with the insurance firm to negotiate a greater settlement. If they do not make an offer that is reasonable your lawyer will file legal complaints against the party responsible. This document will detail your legal explanation of the accident, and also explain why their insured is accountable for your injuries under NY law. The defendant or their lawyer will then reply by accepting or denial of the claim. In certain cases they may also try to shift blame by making an attempt to counter-claim or cross-claim against you. During the discovery phase, both parties will exchange documents and other information in a formal manner. This includes written interrogatories, the right inspect the property of the other party or hire experts to aid your side of the dispute. This is an extremely important aspect of the lawsuit process, as it can uncover facts that the parties did not have prior knowledge of. This could make a major difference in the outcome of your case particularly if the opposing party is trying to hide evidence or wrongfully refuse to accept the responsibility. Your Long Island accident attorney will utilize the information gathered during this process to create a letter that is sent to the at-fault party's insurance company. The letter will clarify the Defendant’s liability for the accident, why their insured is liable for your damages according to NY law, and seek a settlement. The insurance company will usually respond with a counteroffer, and the negotiation process will begin. Sometimes there is a time when both parties are able to agree to settle the case before the trial. This is an ideal solution for all parties, especially because trial is a long and risky procedure. Most car accident lawsuits settle outside of court since it is cheaper, quicker and less stressful for all parties. Lost Wages You may be able to claim compensation for the loss of wages resulting from your injuries. This kind of compensation could help put you back in the financial position you would have been in if you hadn't missed a day from work during your recovery. If you want to pursue this kind of damages, you must be prepared to provide documents that support your claim. This could include pay slips and tax documents. It is important to remember that lost wages are considered part of a general class of damages known as "economic damages." Economic damages are used to pay for expenses directly connected to your injury or accident. Therefore the loss of income is just one element of your total compensation package, which also includes other expenses like property damage, medical treatment and pain and suffering. In order to prove the loss of your wages, you will need to have the documentation of how long you missed from work as a direct consequence of the accident as well as your injuries that resulted. This could include a letter from your employer which contains pertinent information like the dates that you missed work, your current wage level and how many hours you normally work in every week. You can also attach documents like receipts of profit and loss accounts bank statements, or any other financial information that supports your claim. Your attorney will review all the documents and other information you provide to insurance companies on your behalf. They will make sure that everything is accurate and correct prior to filing a claim for lost wages. This is crucial since If you're not careful any mistakes made in these documents could result in the denial of this portion. A personal injury lawyer can also handle all communication with the insurance companies about your claim, which will save you time and energy. Your attorney can negotiate with insurance companies, and present the evidence in support of your claim and negotiate a settlement that is fair to you. It can be a challenge to recover from serious injuries, particularly when you are dealing with the insurance company. McIntyre Law's legal staff will assist you in dealing directly with the insurance company of the responsible party, take legal action if needed, and seek compensation for lost wages. Pain and Suffering Pain and suffering is a type of non-monetary loss that an injured victim can seek compensation for. It covers any physical and emotional distress or discomfort an accident victim experiences due to their injuries. 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. But, it can also encompass other things. It could cover any discomfort you experience in your body due to your injury, including bruises and abrasions. It also covers your emotions like anxiety or fear, as well as depression. It could also be a financial loss, such as the amount you miss out on because of your inability to take part in activities you enjoyed prior to your accident. There are several different methods for calculating pain and suffering, and the method used will depend on your particular circumstances. Some insurance companies employ the multiplier method. The actual damages you suffer are tallied, and then multiplied by a number that is dependent on the severity of your injury to estimate your suffering and pain. A jury or judge will then make a decision regarding the value of your pain and suffering. It is advisable to speak with an attorney if you aren't sure about the worth of your pain and suffering. They can help you be aware of the various elements that cause suffering and pain and provide a thorough description of your experience that you can use as proof of the impact of the accident on your life. Many people are reluctant to talk about their pain and suffering because they don't want to be seen by others as complaining. But, it's vital to talk about your pain if you want to be compensated fairly for your accident. A lawyer can assist you assemble evidence to show the effects of your injury by putting together vignettes and stories that detail your life prior to and after your accident.