What Damages Can You Claim in an Accident Lawsuit?
It isn't always easy to determine the amount of compensation you're entitled following a car accident. A good lawyer will help you navigate the settlement process, and ensure that you get the right compensation for both your short-term and long-term loss.
A lawsuit usually involves filing a claim, and then going through a discovery phase that can span from a few weeks to more than a year. During this time your attorney will gather medical documents, speak with witnesses, and gather reports on crashes.
Medical Treatment
Most lawsuits for accidents involve medical treatment. Victims who have suffered injuries need medical bills and records to prove their injuries, the damage the accident caused them, as well as the amount of suffering they've endured.
However, a lot of victims don't seek medical attention after the incident for various reasons. Perhaps they are fine when they get there or aren't sure they have an injury. Perhaps they're rushed to go home and need to rest after the accident. Whatever the reason, if they don't visit a doctor it could impact their
accident claim.
A doctor is the only one who can determine if an injury was caused by the accident. They can also determine the cause of injuries and formulate an treatment plan. This is why it's so important to consult a doctor immediately following a car crash. It's crucial to follow up with any doctors or specialist that are referred, and take any prescribed medication, and attend any follow-up appointment scheduled.
Insurance companies will examine your medical records to determine the severity of your injuries. They might also attempt to make use of them against you by argument that an injury you claim you suffer is actually a pre-existing problem or that it was caused by something other than the accident. You can avoid this if you consult with a doctor who knows what to look out for and who will provide you with the proper evidence.
A doctor can also establish the length of your treatment and when you'll reach your maximum medical improvement. MMI is the term used to describe a stage in your recovery at which you are not likely to recover any further. This will allow your attorney to calculate the amount of compensation you deserve for medical expenses, lost wages, and property damage. This can be used to increase the amount of an insurance settlement offer. Being able to have accurate and complete medical records will also help you avoid missing any payment deadlines that could result in serious financial consequences.
Property Damages
Property damage is one kind of loss for which an
Accident law firms lawsuit could provide compensation. It could be your vehicle that has been damaged or broken items within your home due to negligence. Record the damage and determine how much it would cost to repair or replace the item. This will allow you to receive a fair settlement for
Accident Law Firms the loss. An attorney can assist you in this regard, as they can negotiate on your behalf with the insurance company to negotiate a more favorable settlement.
If they do not make you an offer that is reasonable Your lawyer will file legal complaints against the party responsible. This document will detail your legal theory of the accident and explain 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. In some instances they may also attempt to shift blame by launching an appeal or cross-claim to you.
During the process of discovery in the discovery process, both parties communicate information and documents in a formal way. This includes writing questions (called interrogatories) and the right to look over another party's property or hire experts to defend their side of the argument. This is an essential part of the process of litigation because it may reveal information that neither party knew about prior to. This could make a huge difference in the outcome of your case, particularly if the opposing party is trying to conceal evidence or dismiss the responsibility.
Your Long Island accident attorney will use the information obtained from this process to create the letter to be sent to the insurance company of the at-fault company. The letter will reaffirm the defendant's responsibility for the accident and also explain why their insurer is responsible for your losses 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 be able to agree to settle the case before trial. This can be a beneficial solution for all parties, especially because trial can be a lengthy and risky procedure. The majority of car accident lawsuits settle outside of court because it is cost-effective, faster and
accident law Firms less stressful for all involved.
Lost Wages
You could be entitled to compensation for loss of earnings due to the injuries you sustained in your accident. This type of compensation can help you get back to the financial position you'd have been in if you hadn't missed time at work as you recovered. If you are seeking this type of damages, you must be prepared to present documents that support your claim. This can include paystubs as well as profit and loss statements and tax receipts, or other financial information.
You must be aware that lost wages comprise of a larger class of damages that is known as "economic damages". Economic damages are paid to pay for expenses directly related to your accident or injury. Therefore losing income is only one element of your total compensation package, which also includes other expenses like medical treatment, property damage, and suffering and pain.
You will need documentation to prove that you lost your wages. This is the time you have missed at work due to the accident as well as the injuries you suffered. This could be a written letter from your employer which contains relevant information such as the dates on which you missed work as well as your current wage and how many hours you normally work in each week. You may also attach documents that support your claim, like bank statements reports on profit and loss, receipts or other financial information.
Your attorney can look over the documents and information that you send to insurance companies and ensure that everything is accurate and complete prior to filing an insurance claim for lost wages. This is important since if you're not careful, any mistakes in these documents can result in a denial of this portion of your damages.
A personal injury attorney can also handle all communications with insurance companies concerning your claim. This could help you save time and energy. Your attorney can engage with insurance companies and present evidence to support your case, and offer an equitable settlement.
It can be challenging to recover from serious injuries, especially when you need to negotiate with the insurance company. The legal team at McIntyre Law will help you to negotiate with the responsible party's insurance company, file a lawsuit should it be necessary, and seek compensation for your lost wages.
Suffering and Pain
Injured victims may seek compensation for pain and suffering, which is a non-monetary injury. It refers to any physical and emotional discomfort or distress that an injured victim suffers as a result of their injuries. This is harder to quantify than other damages, such as medical bills or lost wages This is why it requires more substantiation through witness testimony and the victim's statements.
Pain is the most obvious aspect of pain and suffering damages however, it can encompass numerous other elements as well.