What Damages Can You Claim in an Accident Lawsuit?
It can be difficult to determine what you're entitled for after a car wreck. A good lawyer can help you navigate the settlement process and ensure that you are compensated for your short- and long-term loss.
A lawsuit typically involves filing a claim and then going through a process of discovery that can span between a few weeks and more than one year. During this time the attorney will collect medical records, interview witnesses, and obtain reports on
accidents.
Medical Treatment
Most accident lawsuits include medical treatment. The injured victims require medical documents and bills to demonstrate their injuries, to prove that the accident caused them, and how much pain they have suffered.
However, a lot of victims do not seek medical attention after an accident, for a variety of reasons. They might have felt fine at the moment or not certain if they are injured. Or maybe they are in a rush to get home, and want to take a break. Whatever the reason for why they do not seek medical attention, this could have consequences for their claim for compensation.
First an ophthalmologist is the only person to confirm whether an injury was caused by the accident. They can also determine the cause of an injury and create a treatment plan. It is important to speak with an expert immediately following a car accident. It is also important to follow up with any specialist or doctor who are referred to. use any prescribed medication and make sure you attend any follow-up appointments scheduled.
Insurance companies will scrutinize your medical records to determine the severity of your injuries. They might try to make use of your medical records against you, arguing that the injury you have was caused by something else that was not an accident. This can be avoided when you consult a doctor who is aware of what to look for and will provide you with the proper evidence.
Furthermore, a doctor can determine the length of time your treatment will last as well as when you will achieve maximum medical improvement (MMI). MMI is the term used to describe a stage in your recovery when it is unlikely that you will recover further. This will enable your lawyer to determine the amount of compensation you deserve for medical expenses, lost wages, and property damage. This can be used to increase an insurance settlement. Correct and complete medical records also allow you to avoid missing deadlines for payment, which could have serious financial consequences.
Property Damages
Property damage is a type of loss for which an accident lawsuit could pay you. It could be your vehicle that is damaged or damaged items in your house because of negligence. Note the damage and the much it will cost to fix or replace the item. This will allow you to get fair compensation for your loss. This is where your attorney comes in to negotiate with the insurance company on your behalf, aiming to get you a higher settlement.
If they do not make you an offer that is reasonable, your lawyer will file legal claims against the person who caused the accident. This document will explain your legal theory regarding the incident, and explain the reason why their insurance company is responsible for any injuries you suffer under NY law. The Defendant or their attorney will then respond to the complaint by accepting or denial. In some cases, they will also attempt to shift blame by making the claim of a cross-claim or counterclaim against you.
During the discovery phase, both parties will exchange documents and other information in a formal way. This includes writing questions (called interrogatories) and the right to inspect other parties' property or employ experts to prove their side of the case. This is a crucial aspect of the litigation process because it may reveal information that neither party was aware of before. This could have a significant impact on the outcome of a lawsuit, particularly if the other party attempts to hide evidence or deny the liability.
Your Long Island accident attorney will use the information obtained from this process to draft the letter to be sent to the insurance company. The letter will outline the defendant's responsibility in the
accident law firms and explain why their insurance is responsible for your losses under NY law and
accidents then ask for a specific amount to settle. The insurance company is likely to respond with a counteroffer and the negotiation process will begin.
Sometimes, both parties agree to settle a dispute prior to the trial. This is a beneficial solution for everyone involved especially considering that trial is a lengthy and risky process. The majority of car accident lawsuits settle out of court since it is cost-effective, faster and less stressful for all parties.
Lost Wages
You may be eligible for compensation for lost wages that result from your accident injuries. This kind of compensation can help you return to the financial position you would have been in if you had not been working as you recovered. When pursuing this type of damages, you must be prepared to provide documents that support your claim. These could include paystubs or profit and loss reports and tax receipts, or other financial information.
It is important to be aware that lost wages comprise of an overall category of damages, referred to as "economic damages". Economic damages are paid in order to pay for expenses directly related to your accident or injury. Therefore the loss of income is just part of your overall compensation package, which includes other expenses such as property damage, medical treatment as well as suffering and pain.
To prove the loss of wages, you'll require documentation of how much time you were absent from work as a direct consequence of the accident, as well as your resulting injuries. This could include a letter that contains relevant information, like dates that you missed work or your current salary and the amount of time you work on an average week. You can also include documents to support your claim, such as bank statements or profit and loss reports, receipts or other financial data.
Your attorney can look over the documents and information that you submit to the insurance companies to ensure that everything is accurate and complete prior to filing an application for compensation for lost wages. This is important because if you are not careful, any mistakes in these documents can cause a denial of the amount of your damages.
A personal injury lawyer will also handle all communication with the insurance companies regarding your claim, which could save you valuable time and energy. Attorneys can bargain with insurance companies, present evidence that supports your claim and propose an equitable settlement.
It can be difficult to recover from serious injuries, especially if you have to deal with the insurance company. McIntyre Law's legal team will assist you in dealing directly with the insurance company of the responsible party, file a suit if necessary, and seek compensation for lost wages.
Pain and Suffering
Victims of injuries can seek compensation for pain and suffering which is a non-monetary injury. This includes any emotional or physical discomfort that a victim of an accident feels due to the accident. This kind of damage is more difficult to quantify than medical bills or lost wages. It requires more evidence, including witnesses' testimony and the victim's own statements.
Pain is the most obvious element of suffering and pain, but it can include numerous other elements as well. It can include any discomfort in your body due to your injury, such as abrasions or bruises. It also covers your emotional reactions like anxiety and fear.