What Damages Can You Claim in an Accident Lawsuit?
After a car crash, it isn't always easy to figure out the damages you are entitled to. A good lawyer will help you make sense of the settlement process and ensure that you receive the proper compensation for both your short-term and long-term losses.
A lawsuit typically involves filing a complaint, and then going through a period of discovery that could last from a few months or more than one year. During this time, your attorney will gather medical documents, interview witnesses and collect reports on crashes.
Medical Treatment
Medical treatment is a major element of many lawsuits for accidents. The reason for this is that injured victims need medical bills and documents to show that their injuries are real, were caused by the accident and how much they've been suffering.
Many victims will not seek medical attention following an accident due to various reasons. Perhaps they are feeling fine at the time, or aren't certain if they have an injury. Perhaps they're trying to get home,
accident Law Firm and want to rest. Whatever the reason, if they fail to see a doctor it could impact their claim for compensation.
First first, a doctor is the only person to confirm whether an injury was caused by an accident. They can also determine the cause of an injury and develop an appropriate treatment plan. This is why it's so important to see a physician immediately following a car crash. It's also essential to follow up with any specialists or doctors who are referred to, use any prescribed medication, and attend all follow-up appointments that are scheduled.
Insurance companies will scrutinize your medical records to determine how serious your injuries are. They may try to use your medical documents against you, arguing that the injury you claim was caused by something else other than an
accident law Firm. This is a possibility by seeing a qualified doctor who knows what to look for and can give you the correct documentation.
Additionally, a doctor will determine how long your treatment will last and when you will achieve maximum medical improvement (MMI). MMI is the term used to describe a point in your recovery that you are not likely to recover any further. This will enable your attorney to calculate the amount you're entitled to for medical expenses, lost wages, and property damage. This can be used as leverage to increase the amount of a settlement offer. Correct and complete medical records can also help you avoid missing deadlines for payment, which could have severe financial consequences.
Property Damages
Property damage is one kind of loss for which an
accident law firm lawsuit could provide compensation. It could be your car that has been damaged or broken at home because of negligence. Document the damage and how much it would cost to repair or replace the item. This will allow you to get a fair amount of compensation for the loss. Your lawyer can assist with this, since they can negotiate on your behalf with the insurance company to negotiate a better settlement.
If they do not make you an offer that is reasonable your lawyer will file legal complaints against the person responsible. This document will provide your legal reasoning behind the incident and explain the reason why their insurer is responsible for any injuries you suffered under NY law. The defendant or their attorney will respond to the complaint either by either accepting it or refusing to accept it. In some instances, they will also attempt to shift blame by launching the claim of a cross-claim or counterclaim against you.
During the discovery phase, both parties exchange documents and other details in a formal manner. This includes written interrogatories, the right look over the property of the other party or engage experts to support your side in the case. This is an important part of the process of litigation because it could reveal information the parties were unaware of prior to. This could make a significant difference in the outcome of your case particularly if the other side is trying to conceal evidence or dismiss the liability.
Your Long Island accident lawyer will make use of the information gathered during 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 responsibility in the accident, explain why their insured is accountable for your damages according to NY law and then demand
accident law firm a specific amount of settlement. The insurance company will usually respond with a counteroffer and the negotiation process will begin.
Sometimes it is the case that both parties decide to settle a matter before the trial. This is a great option for everyone involved, especially since trial is a lengthy and risky process. The majority of car accident lawsuits are settled out of court, as it is less expensive, quicker and less stressful for all parties.
Lost Wages
You may be entitled to compensation for loss of wages due to your injuries in an accident. This kind of compensation could help you get back to the financial position you'd have been in if you had not been able to work as you recovered. It is essential to present evidence of your claim when you pursue this type. These may include pay slips profits and loss statements, tax documents, receipts and other financial documents.
It is important to know that lost wages are a part of the overall category of damages known as "economic damages". Economic damages are paid in order to cover expenses directly relating to your injury or accident. Loss of income is just one part of your total compensation package. Other costs, such as medical bills and property damage, are also included.
To prove your lost wages, you'll need to have the documentation of the time you missed from work as a direct consequence of the accident and injuries that resulted from it. This may include a letter from your employer which contains pertinent information like the dates that you missed work and the current wage and the number of hours you typically work in each week. You can also include documents that support your claim, such as bank statements or profit and loss reports or receipts as well as other financial data.
Your attorney will review all the documents and information that you have submitted to the insurance companies on your behalf. You should ensure that everything is accurate and exact before submitting a claim for the loss of wages. This is important because if you're not cautious any mistakes made in these documents could result in the denial of this portion.
A personal injury lawyer can manage all communications with insurance companies concerning your claim. This will help you save time and energy. Your lawyer can negotiate with insurance companies, provide the evidence to support your claim and suggest a settlement that is fair to you.
The entire process of seeking compensation the costs of your accident-related injuries can be overwhelming, especially when you are trying to recover from severe injuries. McIntyre Law's legal team can assist you in dealing directly with the insurance company of the responsible party, bring a lawsuit if needed, and seek compensation for lost wages.
Suffering and Pain
Victims of injuries may seek compensation for pain and suffering, which is a non-monetary injury. This can include any emotional or physical discomfort the victim experiences because of the injury. This kind of injury is more difficult to quantify than medical bills or lost wages. It requires more evidence, such as witness testimony and the victim’s own statements.
Pain is the most obvious aspect of suffering and pain however it can encompass several other aspects too.