What Damages Can You Claim in an Accident Lawsuit? After a car accident, it can be difficult to understand the amount of damages you're entitled to. A competent lawyer can help you navigate the settlement process and ensure that you get the proper compensation for your long-term and short-term loss. A lawsuit typically involves filing a claim and then going through a discovery phase that can last from a few weeks to more than one year. During this time the attorney will collect medical records, talk to witnesses, and collect reports on accidents. Medical Treatment Most lawsuits for accidents involve medical treatment. Victims who have suffered injuries need medical records and bills to demonstrate their injuries, to prove that the accident caused them, and the amount of pain they've endured. Many people don't seek medical attention after an accident for a variety of reasons. Perhaps they are feeling fine at the time or don't know if they've suffered an injury. Or maybe they're rushed to get home and just want to rest following the crash. Regardless of why they do not visit a doctor this could result in a problem for their claim for compensation. First first, a doctor is the only person who can confirm whether an injury was caused by an accident. They can also determine the cause of an injury and devise a treatment plan. This is why it's so important to visit a doctor right after a car accident. It is also crucial to follow up with any doctors or specialists who are referred to, take any prescribed medications and make sure you attend all scheduled follow-up appointments. Insurance companies will examine your medical records to determine how serious your injuries are. They may try to make use of your medical records against you, arguing that the injury was caused by something other than an accident. You can avoid this by ensuring that you consult with a doctor who is aware of what to look out for and will give you with the appropriate documentation. A doctor will also be able to determine the duration of your treatment and the time you'll achieve maximum medical improvement. MMI is the term used to define a stage in your recovery when you are unlikely to recover any further. This will help your attorney determine how much compensation you are due for medical expenses, lost wages, property damage, and suffering. This can be used as leverage to increase the amount of an insurance settlement offer. A complete and accurate medical records will also help you avoid missing any deadlines for payments, which can have serious financial consequences. Property Damages Property damage is a form of loss that can be covered in a lawsuit over an accident. It could be your vehicle that is damaged or broken items in your home due to negligence. It is essential to document the items that were damaged and the amount it would cost to repair or replace them, as this can help you receive a fair amount of compensation for your losses. Your lawyer can assist you with this, since they will negotiate on your behalf with the insurance company to negotiate a better settlement. If they're not willing to make you a reasonable offer, your lawyer will file a legal complaint against the at-fault party. This document will provide your legal theories regarding the accident and also explain the reason their insurer is responsible for any injuries you sustained under NY law. The defendant or their attorney will then respond by accepting or denial of the complaint. In some instances they may also try to shift blame by making an appeal or cross-claim to you. During the process of discovery in the discovery process, both parties exchange documents and information in a formal manner. This includes written interrogatories, the right to examine the property of the other party, or to hire experts to help your side of the case. This is an important part of the litigation process because it could reveal information no one was aware of prior to. This could make a huge difference in the outcome of your case, particularly if the opposing party is trying to conceal evidence or claim the liability. Your Long Island accident lawyer will utilize the information gathered from this process to draft an official letter to be addressed to the insurance company of the party who is at responsible for the accident. This will restate the Defendant's liability in the accident and also explain why their insurer is responsible for your damages under 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, both parties agree to settle the case prior to trial. This is an ideal solution for all parties, especially because trial is a lengthy and risky process. Most car accident lawsuits are settled out of court because it is less expensive, quicker and less stressful for all parties. Lost Wages You could be entitled to compensation for loss of earnings due to your injuries in an accident. This kind of compensation could help put you back in the financial position you could have had if you had not missed time from work as you recovered. You should be able to submit documents to prove your claim when you pursue this type of compensation. These documents could include pay stubs and tax documents. It is important to keep in mind that lost wages are as a part of a broad category of damages called "economic damages." https://vimeo.com/709531423 are awarded to pay for expenses directly connected to your injury or accident. Therefore losing income is only one aspect of your overall compensation package, which includes other expenses like property damage, medical treatment as well as suffering and pain. You'll need evidence to prove the lost wages. This includes the time you were absent working due to the accident as well as the injuries you sustained. This could be a letter from your employer that includes relevant information, including the dates you missed from work and the current wage and the number of hours you typically work in each week. You can also attach other documents to prove your claim, like bank statements or profit and loss reports and receipts, as well as other financial information. Your attorney can go through all the documents and other information you provide to insurance firms on your behalf and ensure that everything is complete and correct prior to filing a claim for the loss of wages. This is crucial because if you're not careful, any misstatements in these documents could cause a denial of the amount of your damages. An attorney for personal injury can also handle all communication with insurance companies regarding your claim. This can help you save time and energy. Your lawyer can negotiate with the insurance companies, provide the evidence to support your claim and propose a settlement that is fair to you. It can be a challenge to recover from serious injuries, particularly when you need to negotiate with the insurance company. The legal team at McIntyre Law will help you resolve the liability of the party at fault's insurance provider, file a lawsuit if necessary, and pursue compensation for lost wages. Suffering and Pain Pain and suffering is a kind of non-monetary loss that an injured victim can seek compensation for. It includes any physical and emotional pain or suffering that an injured victim suffers as a result of their injuries. This is more difficult to quantify than other damages, such as medical bills or lost wages and requires more proof through witness testimony and the victim's own declarations. Pain is the most obvious component of pain and suffering damages but it can also encompass several other aspects too. It could cover any discomfort you feel within your body due to your injury, which includes bruises and abrasions. It also covers your emotions like anxiety and fear. It could also be the loss of income for instance, the loss of money because you are unable to do activities you loved before your accident. There are a variety of methods of calculating pain suffering and the method you use will depend on your individual situation. Some insurance companies use the multiplier method, in which the actual damages are calculated and then multiplied by a number that is based on the severity of your injury to determine an estimate of your suffering and pain. A jury or judge makes a final decision about the worth of suffering and pain. If you are unsure about how much your pain and suffering is worth, it might be beneficial to talk to an attorney for personal injuries. They can help you understand the various aspects of pain and suffering, and they can give a full description of your experience that you can use to demonstrate the impact of your accident on your life. Often, people are hesitant to speak about their pain and suffering as they don't want be seen as complaining It is important that you do this if you are trying to get fair compensation for your accident. A lawyer can help you collect evidence to show the severity of your injury. This includes vignettes and stories that illustrate how your life was prior to and after the accident.