What Damages Can You Claim in an Accident Lawsuit?
After a car accident, it isn't always easy to figure out what damages you're entitled to claim. A reputable lawyer can assist you to negotiate settlements, and ensure you receive adequate compensation for your short-term and long-term loss.
A lawsuit usually involves filing a claim, and then going through a discovery period which can run from a few weeks to more than a year. During this time your attorney will collect medical treatment documents, interview witnesses and pull crash reports.
Medical Treatment
Most lawsuits for
accidents involve medical treatment. Injured victims need medical invoices and records to demonstrate their injuries, to prove that the accident caused them, and the extent of suffering they've endured.
A lot of victims do not seek medical attention following the crash of their car for different reasons. They might have felt fine in the moment, or they may not have was sure if they were injured. Or perhaps they are rushed to get home and just want to relax after the accident. Whatever the reason they don't see a doctor or a specialist, it could affect their claim to compensation for the accident.
A doctor is the only one who can determine if an injury was caused in part by the accident. They can also diagnose an injury and develop a treatment plan. It's important to consult your doctor immediately following a crash. It's also essential to follow up with any specialist or
accidents doctor that are recommended, take any prescribed medications and keep any follow-up appointments scheduled.
Your medical records are scrutinized by insurance companies to determine the severity of your injuries. They may try to make use of your medical records against you, in order to argue that the injury that you suffered was caused by something other than an
accident attorney. 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 take and when you will reach maximum medical improvement (MMI). MMI is the term used to define an area of your recovery at which you are likely to not recover any further. This can help your attorney determine how much compensation are entitled to for your medical expenses, lost wages, property damage, and suffering and pain. This can be used to increase the amount of a settlement offer. Correct and complete medical records can help you avoid missing payment deadlines that could result in serious financial penalties.
Property Damages
Property damage is a kind of loss that can be covered in a lawsuit over an accident. It could be a result of your car being damaged or other items in your home that are damaged because of another's negligence. Document the damage and how much it will cost to fix or replace the item. This will help you get a fair amount of compensation for your loss. This is where your attorney can help to negotiate with the insurance company on your behalf to get you a greater settlement.
If they're not willing to give you a fair offer, your lawyer will file a lawsuit against the person at fault. This document will explain your legal theory regarding the accident and why their insured is liable for your injuries under NY law. The defendant or their lawyer will then respond by accepting or denial of the complaint. They may also seek to shift the blame by bringing an appeal or counter-claim against you.
During the process of discovery, both sides will exchange information and documents in a formal way. This includes written interrogatories, and the right to look over the property of the other party, or to hire experts to aid your side in the case. This is a crucial aspect of the litigation process since it may reveal information that neither party knew about before. This could make a huge difference in the outcome of your case especially if the other side is trying to conceal evidence or dismiss the guilt.
Your Long Island accident lawyer will utilize the information gathered from this procedure to draft the letter that will be sent to the insurance company of the party at fault. The letter will reiterate the defendant's responsibility for the accident and also explain why their insurer is responsible for your losses according to NY law, and then demand a specific amount of settlement. The insurance company will usually respond with a counteroffer, and the negotiation process will begin.
Sometimes, both parties agree to settle the case before trial. This is an ideal solution for all parties, particularly because trial is a lengthy and risky procedure. Most car accident lawsuits settle out of court due to it being cheaper, faster and less stressful for all parties.
Lost Wages
You may be eligible to receive compensation for lost wages resulting from your injuries. This kind of compensation could aid you in regaining the financial position you'd be in if not been able to work as you recovered. You should be able to provide documents that prove your claim when you seek this kind of compensation. This can include paystubs as well as profit and loss statements as well as tax documents, receipts or other financial data.
It is important to know that lost wages form part of a larger class of damages that is known as "economic damages". Economic damages are incurred to pay for expenses directly related to your injury or accident. Therefore losing income is only part of your overall compensation package, which also includes other expenses such as medical treatment, property damage, and suffering and pain.
You'll need proof to prove that you lost your wages. This includes the time that you missed at work due to the accident and the injuries you suffered. This could be a letter which includes pertinent information including dates you were unable to work and your current salary and the number of hours you work in a typical week. You can also include documents like receipts or profit and loss statements, bank statements or other financial information that supports your claim.
Your attorney will review the documents and data you submit to the insurance companies and ensure that everything is accurate and
accidents complete before you file an application for compensation for lost wages. This is important because if you're not careful, any errors in these documents could lead to the denial of this portion.
A personal injury lawyer will also handle all communication with the insurance companies regarding your claim, which could save you valuable time and energy. Your lawyer can negotiate with the insurance companies, and present the evidence to support your claim and suggest a settlement that is fair to you.
It can be challenging to recover from serious injuries, especially when you must deal with the insurance company. McIntyre Law's legal department will assist you in dealing directly with the insurance company of the responsible party. make a claim if needed and seek compensation for lost wages.
Suffering and Pain
Injured victims may seek compensation for pain and suffering, which is not a monetary amount. This can include any physical or psychological discomfort the victim experiences because of the injury. It is more difficult to quantify than other damages like expenses for medical treatment or lost wages This is why it needs to be substantiated by witness testimony and the victim's own declarations.
Pain is the most obvious component of pain and suffering damages, but it can include many other things as well. It could refer to any discomfort that is due to an injury such as abrasions or bruises. It also covers your emotions such as anxiety and fear. It could also be a loss of income for instance, the loss of money because you aren't able to participate in activities you enjoyed prior to your accident.