What Damages Can You Claim in an Accident Lawsuit?
It can be difficult to know the amount of damages you're entitled to following a car accident. A lawyer with experience can guide you through the settlement process and ensure you are compensated for your short- and long-term loss.
A lawsuit usually involves filing a complaint, and then going through a discovery process which can last anywhere from a few months or more than a year. During this time, your attorney will collect medical records, interview witnesses, and collect reports on crashes.
Medical Treatment
Medical treatment is a major component of the majority of lawsuits involving
accidents. The injured victims require medical bills and records to prove their injuries, that the accident caused them, and the amount of suffering they've endured.
But, a lot of people do not seek medical attention after an accident due to various reasons. They might be feeling fine in the moment, or they may not have been sure if they were injured. Perhaps they're rushed to get home and need to rest after the accident. Whatever the reason they choose to not visit a doctor this could impact their claim for compensation.
First an ophthalmologist is the only person who can determine if an injury caused by the accident. A doctor can also determine the cause of the injury and formulate a plan of treatment. This is why it's so important to see a doctor immediately following a car crash. It's essential to follow-up with any specialist or doctor who are referred to you, take any prescribed medication, and go to any follow-up appointment scheduled.
Insurance companies will review your medical records to determine the severity of your injuries. They might try to make use of your medical records against you, and argue that the injury was caused by something other than an accident. This is a possibility by visiting a seasoned doctor who is aware of what to look for and can provide you with the proper evidence.
A doctor will also be able to determine the duration of your treatment and when you'll achieve maximum medical improvement. MMI is the term used to define a stage in your recovery that it is unlikely that you will recover any further. This will assist your attorney calculate how much compensation you are entitled to for your medical expenses loss of wages, property damage, and suffering. This can be used to increase an settlement from an insurance company. Being able to have accurate and complete medical records will also help you avoid missing any payment deadlines that could result in serious financial implications.
Property Damages
Property damage is one type of loss that could be covered in a lawsuit over an accident. It could be your vehicle that has been damaged or broken at home due to negligence. Record the damage and determine how much it will cost to fix or replace the item. This will allow you to get a fair amount of compensation for the loss. This is where an attorney can help and negotiate with the insurance company on your behalf to secure you a larger settlement.
If they're unwilling to accept a fair offer, your lawyer will file a complaint against the responsible party. This document will lay out your legal reasoning behind the accident and explain why the insured is responsible for your injuries under NY law. The defendant or their lawyer will respond to the complaint by accepting or denial. They may also seek to shift blame by bringing an appeal or counter-claim against you.
During the discovery phase, both parties will exchange documents and other details in a formal way. This includes written questions (called interrogatories) and the right to inspect another party's property, or to hire experts to defend their side of the case. This is an important part of the litigation process as it could reveal information no one 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 and/or dismiss the liability.
Your Long Island accident attorney will utilize the information gathered during this process to create the letter to be sent to the insurance company. The letter will reaffirm the defendant's liability in the accident, explain why their insured is responsible for your damages according to NY law and then ask for a specific amount to settle. The insurance company will typically respond with a counteroffer, and the negotiation process will begin.
Sometimes there is a time when both parties agree to settle a case before trial. This could be a beneficial solution for all parties, especially considering that trial is a long and risky procedure. Most car
accident lawsuits are settled outside of court because it is cheaper, faster and less stressful for all parties.
Lost Wages
You could be able to claim compensation for lost wages resulting from your injuries. This type of compensation can aid in getting you back to the financial situation you could have had if you didn't have missed time from work as you recovered. When pursuing this type of compensation, you should be prepared to present documents that prove your claim. This could include pay slips and tax documents.
It is important to know that lost wages comprise of an overall category of damages, referred to as "economic damages". Economic damages are paid to pay for costs directly relating to your injury or accident. The loss of income is only one part of your total compensation package. Other costs, such as medical expenses and property damage are also included.
In order to prove the loss of your wages, you will require documentation of how much time you missed from work as a direct result of the accident and your injuries that resulted. This could be a written letter from your employer which contains pertinent information like the dates that you missed work and the current wage and how many hours you usually work in a week. You can also include documents that support your claim, such as bank statements, profit and loss reports receipts, or other financial records.
Your attorney will review all the documents and other information you provide to insurance companies on your behalf. They will ensure that everything is accurate and accurate before filing a demand for lost wages. This is important because if you're not careful, any errors in these documents could lead to the denial of this part.
A personal injury lawyer can also handle all communications with insurance companies regarding your claim, which could save you time and energy. Attorneys can engage with insurance companies and present evidence that supports your case, and offer an equitable settlement.
It can be a challenge to recover from serious injuries, particularly when you are dealing with the insurance company. The legal team at McIntyre Law will help you get in touch with the responsible party's insurance provider and file a lawsuit if necessary, and
accident lawsuits pursue compensation for lost wages.
Pain and Suffering
Injured victims can 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. The type of damage that this kind of person suffers is more difficult to quantify than medical bills or lost wages. It requires more evidence, including witness testimony or the victim's own statements.
Pain is the most obvious aspect of suffering and pain damages. However, it may also encompass other things. It could refer to any discomfort you feel in your body due to your injury, including abrasions and bruises. It also covers your feelings like anxiety and fear as well as depression.