What Damages Can You Claim in an Accident Lawsuit?
It isn't always easy to determine the amount of damages you're entitled to following a car crash. A competent lawyer can help you navigate the settlement process and ensure you get the proper compensation for your short- and long-term losses.
A lawsuit typically involves filing a complaint, and then going through a discovery process which can last anywhere from a couple of months or even a year. During this time, your attorney will gather medical documents, speak with witnesses and collect reports on crashes.
Medical Treatment
The majority of lawsuits involving accidents include medical treatment. The injured victims require medical documents and bills to demonstrate their injuries, to prove that the accident caused them, and the extent of suffering they've endured.
Many victims don't seek medical attention after an
Accident Law Firm for various reasons. They might not feel well at the time or haven't had the confidence to know if they're injured. Or maybe they are in a hurry to get home, and
Accident Law Firm want to rest. No matter why they don't consult a physician, it could affect their accident claim.
First an ophthalmologist is the only person to determine if an injury was caused by the accident. They can also diagnose an injury and develop a treatment plan. It's important to consult a doctor immediately after a crash. It is also crucial to follow-up with any specialist or doctor who are referred to, take any prescribed medications and attend all scheduled follow-up appointments.
Insurance companies will scrutinize your medical records to see the severity of your injuries. They may also attempt to make use of them against you by making the argument that an injury you claim you suffer is actually a pre-existing condition or that it was somehow caused by something other than the
accident lawsuits. This can be avoided when you consult a doctor who is aware of what to look for and will provide you with the proper documentation.
Furthermore, a doctor can determine the length of time the treatment will last and when you will reach maximum medical improvement (MMI). MMI is the term used to describe a stage in your recovery when you are unlikely to 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 to increase the amount of an insurance settlement offer. Complete and accurate medical records can also help you avoid missing deadlines for payment, which can have serious financial consequences.
Property Damages
Property damage is one type of loss that is compensated in a lawsuit for an accident. It could be your car that has been damaged or broken items in your house because of negligence. Record the damage and determine how you will have to spend to repair or replace the item. This will help you get a fair amount of compensation for your loss. Your lawyer can assist you with this, since they will work on your behalf with the insurance company to negotiate a better settlement.
If they do not make an offer that's reasonable your lawyer will file legal claims against the party responsible. This document will detail your legal reasoning behind the accident, and also explain why their insured is accountable for your injuries under NY law. The defendant or their lawyer will then respond by either accepting or denial of the charge. They may also seek to shift blame by bringing a cross-claim or counter-claim against you.
During the process of discovery during the discovery process, both parties will exchange documents and information in a formal way. This includes written interrogatories and the right to look over the property of the other party, and hiring experts to help your side in the case. This is an important part of the litigation process since it can reveal information that neither party was aware of before. This could have a significant impact on the outcome of a lawsuit, especially if the other side is trying to hide evidence and/or refuse to accept any responsibility.
Your Long Island accident lawyer will make use of the information gathered during this process to compose a letter to be sent to the insurance company of the party at responsible for the accident. The letter will outline the defendant's responsibility in the incident, explain why their insured is accountable for your damages according to NY law, and then 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 decide to settle a matter before the trial. This is an ideal solution for all parties, particularly because trial can be a lengthy and risky procedure. The majority of car
accident lawsuits are settled outside of court, as it is cheaper, faster and less stressful for all parties.
Lost Wages
You could be able to claim compensation for lost wages resulting from your injuries. This type of compensation may aid in getting you back to the financial position that you would have been in if you hadn't missed a day working during your recovery. You must be prepared to submit documents to prove your claim when pursuing this type of claim. These could include paystubs and tax documents.
You must be aware that lost wages form part of an overall category of damages known as "economic damages". Economic damages are paid to pay for costs directly related to your injury or accident. The loss of income is only one aspect of your compensation package. Other costs, such as property damage and medical treatment are also included.
To prove your lost wages, you will need to have the documentation of the amount of time you were absent from work as a direct result of the accident and injuries that resulted from it. This may include a letter from your employer that includes pertinent information like the dates that you missed work as well as your current wage and the number of hours you usually work in every week. You can also attach documents like receipts as well as profit and loss reports bank statements, or other financial information that can support your claim.
Your attorney can look over the documents and other information you send to insurance companies and ensure that everything is accurate and complete before you file an application for compensation for lost wages. This is essential since 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 about your claim. This can help you save time and energy. Your attorney can bargain with insurance companies provide evidence that supports your case, and suggest an equitable settlement.
It can be a challenge to recover from serious injuries,
Accident Law Firm particularly if you have to deal with the insurance company. The legal team at McIntyre Law will help you resolve the liability of the party at fault's insurance provider and file a lawsuit in the event of a need, and pursue compensation for your lost wages.
Pain and Suffering
Injured victims may seek compensation for pain and suffering which is a non-monetary damage. This includes any physical or emotional discomfort that an accident victim feels due to the accident. The type of damage that this kind of person suffers is more difficult to quantify than medical bills or lost wages. It requires more evidence, such as witnesses' testimony as well as the victim's own statements.
Pain is the most obvious element of suffering and pain however, it can encompass numerous other elements as well. It could cover any discomfort you feel in your body due to your injury, which includes abrasions and bruises. It also covers your emotional reactions such as anxiety and fear.