What Damages Can You Claim in an Accident Lawsuit?
Following a car accident it is difficult to know the damages you are entitled to. A competent lawyer can help you to navigate the settlement process, and ensure you receive adequate compensation for your short-term as well as long-term losses.
A lawsuit typically involves filing a complaint and then going through a process of discovery which can last anywhere from a few months or more than one year. During this time your attorney will collect medical treatment records, talk to witnesses, and obtain reports on crashes.
Medical Treatment
Medical treatment is a big part of most
accident lawsuits. Victims of injuries require medical bills and records to demonstrate their injuries, to prove that the accident caused them, and the extent of suffering they've endured.
Many victims will not seek medical attention after the crash of their car for various reasons. They may have felt fine at the time or haven't was sure if they were injured. Or perhaps they are rushed to get home and just need to rest after the crash. No matter why they don't see a doctor it could impact their accident claim.
A doctor is the only person who can determine if an injury was caused by the accident. A doctor is also able to diagnose the injury and develop an action plan. It is important to speak with the doctor right away following an accident. It's also essential to follow up with any doctor or specialist who are referred to, use any prescribed medication, and attend all scheduled follow-up appointments.
Your medical records will be scrutinized by insurance companies to determine the severity of your injuries. They could also make use of them against you, asserting that the injury you claim you suffer is actually a pre-existing problem or that it was somehow caused by something other than the accident. You can avoid this by ensuring that you consult with a doctor who is aware of what to look for and will give you the right documents.
A doctor can also establish the duration of your treatment as well as when you'll reach your 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 determine how much compensation are due for medical expenses and lost wages, as well as property damage, as well as suffering. This can be used as leverage to increase the amount of the insurance settlement offer. Being able to have accurate and complete medical records will also help you avoid missing the deadline for payment which could have serious financial consequences.
Property Damages
Property damage is a kind of loss that is paid out in a lawsuit involving an accident. It could be your vehicle that is damaged or the broken items that are at home because of negligence. Record the damage and determine how much it cost to fix or replace the item. This will allow you to receive a fair settlement for the loss. Your lawyer can assist with this, since they will work on your behalf with the insurance company to negotiate a higher settlement.
If they are unable to give you an offer that is reasonable Your lawyer will file legal complaints against the party responsible. This document will explain your legal reasoning behind the accident, and also explain why the insured is responsible for your injuries under NY law. The Defendant or their attorney will then respond by either accepting or denial of the claim. In certain cases, they will also attempt to shift blame by launching the claim of a cross-claim or counterclaim against you.
During the process of discovery in the discovery process, both parties exchange documents and information in a formal way. This includes written interrogatories, the right to examine the property of the other party, and hiring experts to aid your side of the dispute. This is a crucial aspect of the litigation process since it could reveal information neither party knew about prior to. This could have a major impact on the result of a case, especially if the other side is trying to conceal evidence or dismiss the liability.
Your Long Island accident lawyer will use the information obtained from this process to compose an official letter to be addressed to the insurance company of the party at blame. The letter will outline the liability of the defendant for the accident, and why their insured is responsible for your losses as per NY law, and then demand a settlement amount. The insurance company will usually respond with a counteroffer, and the negotiation process will begin.
Sometimes, both parties decide to settle the matter prior to trial. This is a great solution for all parties, especially because trial can be a lengthy and risky process. The majority of car accident lawsuits are settled out of court because it is cheaper, quicker and less stressful for all parties.
Lost Wages
You could be entitled to compensation for the loss of wages resulting from your injuries in an accident. This type of compensation can assist in putting you back into the financial situation you would have been in if you didn't have missed time working during your recovery. You should be able to provide documents that prove your claim in order to pursue this type of claim. These documents could include pay stubs and tax documents.
You should be aware that lost wages form part of an overall category of damages known as "economic damages". Economic damages are incurred to pay for expenses directly relating to your accident or injury. Loss of income is just one part of your total compensation package. Other expenses, like medical expenses and property damage, are also included.
To prove your lost wages, you will be required to provide documentation of how much time you missed from work as a direct result of the
accident and your resulting injuries. This could include a letter that contains relevant information, like the dates you missed work as well as your current salary and the amount of time you work per week. You can also attach documents such as receipts of profit and loss accounts bank statements, or other financial information that can support your claim.
Your attorney can go through the documents and data you send to insurance companies and make sure that all information is correct and complete before you file an application for compensation for lost wages. This is vital because if you're not careful, any misstatements in these documents could result in a denial of the amount of your damages.
A personal injury lawyer can also manage all communications with insurance companies regarding your claim, which can save you time and energy. Attorneys can negotiate with insurance companies and present evidence that supports your case, and suggest an equitable settlement.
The entire process of seeking compensation the costs of your accident-related injuries is a challenge, especially when you're trying to recover from severe injuries. McIntyre Law's legal department will 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
Injured victims may seek compensation for pain and suffering which is a non-monetary damage. This can include any physical or psychological discomfort that a victim of an accident feels because of the injury. This type of damage is more difficult to quantify than medical bills or lost wages. It requires more evidence, including witness testimony or the victim's own declarations.
Pain is the most obvious element of suffering and pain however it can encompass several other aspects too. It could include any discomfort you feel in your body due to an injury such as abrasions or bruises. It also covers your emotional reactions like anxiety and fear.