What Damages Can You Claim in an Accident Lawsuit?
It can be difficult to know the amount of damages you're entitled to after a car wreck. A lawyer with experience can assist you in the settlement process and ensure you are compensated for your long-term and short-term loss.
A lawsuit typically involves filing a complaint and then going through a period of discovery that could last from a few months to over a year. During this time your lawyer will gather medical records, speak with witnesses, and collect reports of crashes.
Medical Treatment
The majority of lawsuits involving accidents include medical treatment. This is because injured victims require medical bills and records to prove that their injuries are real, that they were caused by the accident, and the extent to which they have been suffering.
However, a lot of victims do not seek medical attention following the incident for various reasons. Perhaps they are feeling fine at the time, or they aren't sure if they've sustained an injury. Perhaps they're rushed to get home and want to rest following the accident. Whatever the reason, if they don't visit a doctor it could impact their accident claim.
First an ophthalmologist is the only one who can confirm whether an injury was caused by an accident. They can also determine the cause of an injury and develop a treatment plan. This is why it's important to visit a doctor immediately following a collision. It's also important to follow-up with any specialist or doctor that are recommended, take any prescribed medications and keep all scheduled follow-up appointments.
Your medical records will be reviewed by insurance companies to determine the severity of your injuries. They might also attempt to use them against you by asserting that the injury you claim to have is an actual pre-existing condition or that it was somehow caused by something other than the accident. This can be avoided when you consult a doctor who knows what to look for and can provide you with the appropriate documentation.
A doctor can also decide the duration of your treatment, and when you'll be at the point of maximum medical improvement. MMI is a term that means you have reached the level at which your injury is expected to improve with further treatments, but you are not likely to get better. This will help your attorney calculate how much compensation you are due for medical expenses and lost wages, as well as property damage, and pain and suffering. This can be used to increase the amount of a settlement offer. A complete and accurate medical records can also aid you in avoiding deadlines for payment, which can have serious financial consequences.
Property Damages
Property damage is one type of loss that is covered in a lawsuit over an accident. This could mean your car being damaged, or belongings in your home that are damaged due to someone else's negligence. It is crucial to record the items damaged and how much they cost to repair or replace them, as it will allow you to receive an appropriate amount of money for your loss. Your attorney can help you in this regard, as they can negotiate on your behalf with the insurance firm to negotiate a greater settlement.
If they refuse to make an offer that's reasonable Your lawyer will file legal claims against the party at fault. The document will explain your legal theory about the accident, and why their insurer is liable for any injuries you suffer under NY law. The defendant or their attorney will then respond by either accepting or denial of the claim. In some cases, they will also attempt to shift blame by launching the claim of a cross-claim or counterclaim against you.
During the discovery stage, both parties exchange documents and other details in a formal manner. This includes written interrogatories, the right to inspect the property of the other party, or to hire experts to aid your side of the argument. This is an essential part of the lawsuit process as it may reveal facts that the parties did not know about before. This could make a major difference in the outcome of your case, especially if the other side is trying to hide evidence or wrongfully deny the liability.
Your Long Island
accident attorney will draw on the information collected during this process to write an official letter to be delivered to the insurance company. The letter will reiterate the defendant's responsibility in the incident and state why their insured is accountable for your damages in accordance with 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 there is a time when both parties agree to settle a dispute before trial. This is an ideal solution for all parties, especially because trial is a long and risky process. Most car accident lawsuits are settled out of court, as it is cheaper, faster and less stressful for all parties.
Lost Wages
You may be eligible to receive compensation for lost wages that result from your injuries. This type of compensation may help put you back in the financial situation you could have had if you hadn't missed a day from work as you recovered. You should be able to provide evidence to support your claim when pursuing this kind of compensation. These could include paystubs and tax documents.
It is important to know that lost wages are part of an overall category of damages referred to as "economic damages". Economic damages are paid in order to cover expenses directly related to your injury or accident. Therefore, lost income is only part of your overall compensation package, which includes other costs such as property damage, medical treatment and pain and suffering.
In order to prove the loss of your wages, you'll need to have the documentation of how long you missed from work as a direct result of the accident, as well as your injuries that resulted. This may include a letter from your employer which contains pertinent information, such as the dates that you missed work and the current wage and how many hours you typically work in a week. You can also include documents that support your claim, such as bank statements reports on profit and loss or receipts as well as other financial information.
Your attorney will review all the documents and information submitted to insurance companies on your behalf. They will make sure that everything is completely exact before submitting a claim for lost wages. This is essential because if you're not careful, any misstatements in these documents could cause a denial of the amount of your damages.
A personal injury lawyer can also handle all communication with insurance companies about your claim, which could save you valuable time and energy. Your lawyer can negotiate with the insurance companies, present the evidence in support of your claim and suggest a settlement that is fair to you.
The entire process of recovering for your injuries from an
accident attorney can be a daunting task, especially when you're trying to recover from serious injuries. 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.
Pain and Suffering
Victims of injuries can seek compensation for pain and suffering, which is a non-monetary injury. It refers to any physical and emotional pain or suffering that the victim of an accident experiences as a result of their injuries. 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, such as witness testimony and the victim’s own statements.
Pain is the most obvious component of pain and suffering damages, but it can include several other aspects too.