What Damages Can You Claim in an
Accident Lawsuit?
Following a car accident, it can be difficult to understand the amount of damages you're entitled to. A good lawyer will help you navigate the settlement process and ensure that you receive the proper compensation for the short-term and long-term damage.
A lawsuit typically involves filing a complaint and undergoing a period of discovery that could last from a couple of months or even a year. During this time your lawyer will gather medical records, talk to witnesses, and obtain reports on crashes.
Medical Treatment
Most lawsuits for accidents involve medical treatment. Injured victims need medical bills and records to show their injuries, the extent to which the accident caused them, as well as the amount of suffering they've suffered.
A lot of victims do not seek medical attention after an accident due to different reasons. They might not feel well at the time, or may not have certain if they are injured. Perhaps they're in a rush to get home and just want to relax after the crash. Whatever the reason, if they fail to see a doctor or a specialist, it could affect the claim for their
accident law firms.
First, a doctor is the only one who can determine if an injury caused by the accident. A doctor can also identify the injury and formulate the treatment plan. This is why it's important to see a physician immediately following a collision. It's also essential to follow-up with any specialists or doctors that are referred to, use any prescribed medication and keep all follow-up appointments scheduled.
Insurance companies will look at your medical records to determine how serious your injuries are. They might also attempt to make use of them against you, asserting that the injury you claim you suffered is an actual pre-existing condition or the injury was caused by something other than the accident. It is possible to avoid this if you see a qualified doctor that knows what to look for and who will provide you the right documents.
Moreover, a doctor can determine how long your treatment will last as well as when you'll reach maximum medical improvement (MMI). MMI is a term used to describe a situation that indicates that you have reached the stage where your injury is likely to improve with further treatment and are not likely to get better. This will assist your attorney determine how much compensation are due for medical expenses, lost wages, property damage, as well as the pain and suffering. This could be used to increase the value of an settlement for insurance. Accurate and complete medical records can also help you avoid missing deadlines for payment, which could result in serious financial penalties.
Property Damages
Property damage is a type of loss that can be paid out in a lawsuit involving an accident. It could be your vehicle that has been damaged or the broken items that are at home due to negligence. It is important to note the items damaged and how much they cost to repair or replace them, as it will allow you to receive an appropriate amount of money for your loss. This is where your attorney comes in as they negotiate with the insurance company on your behalf in order to get you a better settlement.
If they're unwilling to accept a fair offer, your lawyer will file a legal complaint against the person at fault. This document will outline your legal theories regarding the incident and explain the reason why their insurance company is responsible for any injuries you suffered under NY law. The defendant, or their attorney, will respond to the complaint by accepting or denial. They could also attempt to shift blame by bringing an appeal or counter-claim against you.
During the discovery process, both sides will exchange information and documents in a formal way. This includes written interrogatories, the right examine the property of the other party or engage experts to aid your side of the dispute. This is an important part of the process of litigation because it could reveal information that the parties were unaware of before. This could have a significant impact on the outcome of a case, especially if the other side is trying to hide evidence or refuse to accept any responsibility.
Your Long Island accident lawyer will use the information obtained from this process to compose a letter to be sent to the insurance company of the party who is at blame. The letter will outline the defendant's responsibility for the accident and also explain why their insurer is responsible for your damages in accordance with NY law and then request a specific settlement amount. The insurance company will usually respond with a counteroffer and the negotiation process will begin.
Sometimes the parties can agree to settle a case prior to the trial. This is a great solution for all parties, particularly because trial is a lengthy and risky process. The majority of car accident lawsuits are settled out of court since it is more affordable, faster and less stressful for all involved.
Lost Wages
You may be able to claim compensation for lost wages that result from your injuries. This kind of compensation could assist in putting you back into the financial position you could have had if you did not have to miss time working during your recovery. When pursuing this type 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 keep in mind that lost wages are considered part of a larger category of damages called "economic damages." Economic damages are paid to compensate you for expenses directly resulting from your accident and injury. The loss of income is only one component of your compensation package. Other expenses, such as medical expenses and property damage, are also included.
You'll need documentation to prove that you lost your wages. This includes the time you missed at work because of the accident as well as the injuries you suffered. This may include a letter from your employer that includes relevant information, including the dates that you missed work and the current wage and how many hours you typically work in a week. You can also include documents that support your claim, like bank statements reports on profit and loss or receipts as well as other financial records.
Your attorney can look over the documents and other information you submit to the insurance companies and make sure that everything is accurate and complete prior to filing a claim for lost wages. This is vital since if you're not careful, any mistakes in these documents can cause a denial of this portion of your damages.
A personal injury lawyer can also manage all communications with insurance companies about your claim, which could save you valuable time and energy. Your lawyer can negotiate with the insurance companies, share the evidence supporting your case and suggest a settlement that is fair to you.
The entire process of seeking compensation for the injuries you sustained in an accident can be overwhelming, particularly when you are trying to recover from serious injuries. McIntyre Law's legal department will help you deal directly with the insurance company of the responsible party, file a suit if necessary and seek compensation for lost wages.
Suffering and Pain
Victims of injuries can seek compensation for pain and suffering which is not a monetary amount. It covers any physical and emotional distress or discomfort an accident victim suffers due to their injuries. This is harder to quantify than other damages like the cost of medical bills or lost wages, so it requires more proof through witness testimony and the victim's statements.
Pain is the most obvious component of suffering and pain damages. However, it could include other issues.