What Damages Can You Claim in an Accident Lawsuit?
After a car crash, it can be difficult to determine the damages you are entitled to claim. A competent lawyer can help you to make sense of the settlement process and ensure you receive adequate compensation for both the short-term and long-term damage.
A lawsuit typically involves filing a claim, and then going through a discovery process which can run from a few weeks to more than one year. During this period your lawyer will gather medical records, interview witnesses, and collect reports on crashes.
Medical Treatment
Medical treatment is a major part of most accident lawsuits (
m1Bar.com). The reason for this is that injured victims require medical bills and documents to prove that their injuries are real, were caused by the accident and how much they've suffered.
Many victims don't seek medical care after a car crash for a variety of reasons. Perhaps they are feeling fine at the time, or they don't know if they've suffered an injury. Or maybe they are in a hurry to get home and want to rest. Whatever the reason they choose to not visit a doctor this could have consequences for their accident claim.
A doctor is the only one who can confirm that an injury was caused in part by the accident. A doctor can also identify the injury and create an action plan. This is why it's important to see a doctor right after a car accident. It's essential to follow-up with any doctors or specialist who is referred to, take any prescribed medication, and make any follow-up appointment that is scheduled.
Insurance companies will review your medical records to see how serious your injuries are. They could try to make use of your medical records against you, in order to argue that the injury you have was caused by something else that was not an accident. You can avoid this by ensuring that you visit an experienced doctor that knows what to look for and who will provide you with the proper documents.
A doctor can also determine the length of your treatment and when you'll reach maximum medical improvement. MMI is the term used to define a point in your recovery at which 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, lost wages, property damage, and pain and suffering. This can be used as leverage to increase the amount of an insurance settlement offer. Having complete and accurate medical records will also assist you in avoiding missing deadlines for payment that could result in serious financial consequences.
Property Damages
Property damage is just one kind of loss for which an accident lawsuit can compensate you. This may include your car being damaged or other items inside your home that are damaged because of someone else's negligence. Document the damage and record how you will have to spend to fix or replace the item. This will allow you to receive a fair settlement for the loss. This is where your attorney can assist and negotiate with the insurance company on your behalf, aiming to get you a higher settlement.
If they don't give you an offer that is reasonable, your lawyer will file legal claims against the party at fault. 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 attorney will then decide whether to accept or denial of the complaint. They may also seek to shift blame by making a cross-claim or counter-claim against you.
During the discovery process, both sides will communicate information and documents in a formal way. This includes written questions (called interrogatories) and the right to look over another party's property or hire experts to support their side of the argument. This is a crucial aspect of the litigation process because it may reveal information that neither party was aware of prior to. This can have a significant impact on the result of a case, especially if the other side is trying to hide evidence and/or claim responsibility.
Your Long Island accident attorney will utilize the information gathered during this process to draft a letter that is sent to the at-fault party's insurance company. This letter will explain the Defendant’s liability for the accident, why their insured is accountable for your damages as per NY law,
law and then request a settlement amount. The insurance company will typically respond with a counteroffer and the negotiation process will begin.
Sometimes, both parties agree to settle the case before trial. This could be a beneficial option for everyone involved, especially considering that trial is an extremely long and risky process. Most car accident lawsuits are settled out of court, as it is more affordable, faster and less stressful for all parties.
Lost Wages
You could be entitled to compensation for lost earnings resulting from your injuries from an accident. This type of compensation may help put you back in the financial situation you would have been if you hadn't missed a day working during your recovery. When seeking this type of damages, you must be prepared to present documents to support your claim. These documents could include paystubs and tax documents.
It is important to remember that lost wages are considered as a part of a broad category of damages, referred to as "economic damages." Economic damages are paid to compensate you for the costs directly related to your accident and injury. The loss of income is only one aspect of your compensation package. Other expenses, such as medical expenses and property damage are also included.
To prove your lost wages, you'll need proof of the amount of time you were absent from work as a direct result of the accident and your injuries that resulted from it. This could be a written statement with pertinent information, such as dates you missed work and your current salary and the number of hours you work on average per week. You can also include documents to support your claim, like bank statements or profit and loss reports, receipts or other financial records.
Your attorney can go through all the documents and information submitted to insurance companies on your behalf and ensure that everything is completely correct prior to filing a claim for the loss of wages. This is vital because if you're not careful, any mistakes in these documents can lead to a denial of this portion of your damages.
A personal injury lawyer can manage all communications with insurance companies regarding your claim, which will save you valuable time and energy. Your lawyer can negotiate with insurance companies, present the evidence that supports your claim and suggest a settlement that is fair to you.
It can be challenging to recover from serious injuries, especially if you have to deal with the insurance company. The legal team at McIntyre Law will help you deal with the liable party's insurance company or file a lawsuit, in the event of a need, and pursue compensation for lost wages.
Pain and Suffering
Injured victims can seek compensation for pain and suffering which is a non-monetary damage. This includes any emotional or physical discomfort that an accident victim feels because of the injury. This kind of injury 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 component of suffering and pain. However, it could also encompass other things. It could refer to any discomfort or discomfort due to an injury such as abrasions or bruises. It also covers your emotions like fear and anxiety.