What Damages Can You Claim in an
Accident Lawsuit?
It can be difficult to know what damages you're entitled to following a car accident. A skilled lawyer can help you navigate the settlement process and ensure you are compensated for your short- and long-term losses.
A lawsuit usually involves filing a complaint and then going through a period of discovery which can last anywhere from a few months to over one year. During this period, your attorney will collect medical records, interview witnesses, and gather reports of crashes.
Medical Treatment
Medical treatment is an integral part of most accident lawsuits. This is because injured victims need medical bills and documents to prove that their injuries are real, that they were caused by the accident, and how long they have been suffering.
Many victims will not seek medical attention after the crash of their car for a variety of reasons. Maybe they feel fine at the time, or aren't certain if they have an injury. Or maybe they are trying to get home and are looking to relax. Regardless of why they do not visit a doctor this could have consequences for their accident claim.
A doctor is the only person who can confirm that an injury was caused by the accident. A doctor is also able to diagnose the injury and create an appropriate treatment plan. This is why it's important to see a doctor after a car accident. It is also important to follow up with any doctors or specialists that are recommended, use any prescribed medication and keep all follow-up appointments that are scheduled.
Your medical records will be reviewed by insurance companies to determine the severity of your injuries. They could try to use your medical records against you, arguing that the injury you claim that you suffered was caused by something that was not an accident. You can avoid this by ensuring that you consult with a doctor who is aware of what to look out for and who will provide you the right documentation.
A doctor will also be able to determine the duration of your treatment and the time you'll reach your maximum medical improvement. MMI is the term used to define the point in your recovery when it is unlikely that you will recover any further. This will allow your attorney to calculate the amount of compensation you're entitled to for medical expenses, lost wages and property damage. This could be used to boost an settlement for insurance. Complete and accurate medical records can also assist you avoid missed deadlines for payment that could have serious financial consequences.
Property Damages
Property damage is one type of loss that could be compensated in an accident lawsuit. It could be your vehicle that is damaged or broken in your house because of negligence. Document the damage and record how much it would cost to fix or replace the item. This will help you 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 not willing to make you a reasonable offer, your lawyer will file a legal complaint against the party at fault. This document will detail your legal explanation of the
accident attorneys, and also explain why the insured is responsible for your injuries under NY law. The defendant or their attorney will then decide whether to accept or denial of the complaint. In some cases, they will also attempt to shift blame by launching a counterclaim or cross-claim against you.
During the discovery stage, both parties exchange documents and other information in a formal manner. This includes writing questions (called interrogatories) and the right to look over another party's property or hire experts to prove their side of the argument. This is an important part of the litigation process because it could reveal information neither party knew about before. This could make a significant difference in the outcome of your case particularly if the opposing party 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 of the at-fault company. This will restate the Defendant's responsibility in the incident and explain why their insurance is responsible for your losses in accordance with NY law, and 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 prior to trial. This can be a good option for everyone involved, especially considering that trial is a lengthy and risky process. Most car accident lawsuits are settled out of court because it is less expensive, quicker and less stressful for all parties.
Lost Wages
You could be eligible to receive compensation for lost wages that result from your accident injuries. This type of compensation can help you return to the financial position you would have had if you hadn't been able to work during your recovery. You should be able to provide evidence to support your claim in order to pursue this type of compensation. These may include pay slips or profit and loss reports as well as tax documents, receipts or other financial records.
It is important to remember that lost wages are part of a larger category of damages called "economic damages." Economic damages are paid to compensate you for expenses directly resulting from your injury or accident. Loss of income is only one element of your compensation package. Other costs, such as medical bills and property damage are also covered.
In order to prove the loss of your wages, you'll be required to provide documentation of how long you were absent from work as a direct result of the accident, as well as your injuries that resulted. This may include a letter from your employer that includes pertinent information, such as the dates on which you missed work as well as your current wage and the number of hours you usually work in a week. You may also include other documents such as receipts or profit and loss statements, bank statements or other financial records that support your claim.
Your attorney can go through the documents and information you send to insurance companies to ensure that all information is correct and complete prior to filing an insurance claim for lost wages. This is vital because if you are not careful, any errors in these documents can lead to a denial of the amount of your damages.
A personal injury lawyer can handle all communication with the insurance companies regarding your claim. This can save you time and energy. Your lawyer can negotiate with insurance companies and present evidence that supports your case and propose an fair settlement.
It can be difficult to recover from serious injuries, especially when you must deal with the insurance company. The legal team at McIntyre Law will help you resolve the liability of the party at fault's insurance provider or file a lawsuit, when necessary, and seek compensation for lost wages.
Suffering and Pain
Pain and suffering is one of the types of non-monetary damages an injured person can seek compensation for. This includes any physical or psychological discomfort that a victim of an accident feels due to the accident. This kind of injury is more difficult to quantify than medical bills or lost wages. It requires more evidence, like witness testimony and the victim’s own statements.
Pain is the most obvious aspect of suffering and pain. However, it may also include other things. It can refer to any discomfort or discomfort due to an injury for instance, bruises or abrasions. It also encompasses your emotions like anxiety depression, fear, and anxiety.