What Damages Can You Claim in an Accident Lawsuit?
It can be difficult to figure out what damages you're entitled to after a car crash. A good lawyer can assist you in the settlement process and ensure that you are compensated for your long-term and short-term loss.
A lawsuit typically involves filing a claim and going through a discovery period that can span from a few weeks to more than a year. During this time your attorney will gather medical records, talk to witnesses and collect crash reports.
Medical Treatment
The majority of
accident lawsuits involve medical treatment. The injured victims require medical documents and bills to prove their injuries, the damage the accident caused them, as well as the amount of suffering they've suffered.
Many victims will not seek medical attention after an accident due to a variety of reasons. They might not feel well in the moment, or they may not have been sure if they were injured. Perhaps they're in a rush to go home and want to rest following the accident. No matter why they don't visit a doctor this could impact their claim to compensation for the accident.
First first, a doctor is the only person to confirm whether an injury was caused by an
accident law firms. They can also determine the cause of an injury and devise an appropriate treatment plan. It is essential to consult an expert immediately following a crash. It's also essential to follow-up with any doctors or specialists who are referred to, use any prescribed medication and make sure you attend all scheduled follow-up appointments.
Insurance companies will review your medical records to see how serious your injuries are. They could also apply them against you by making the argument that an injury you claim you suffered is actually a pre-existing condition, or that it was somehow caused by something other than the accident. You can avoid this if you consult a reputable doctor that knows what to look out for and who will provide you with the proper documentation.
A doctor will also be able to determine the length of your treatment, and when you'll reach your maximum medical improvement. MMI is a term used to describe a situation that means that you've reached a point where your injury is likely to improve with continued treatments, but you are not likely to recover any more. This will allow your attorney to calculate the amount of compensation you deserve for medical expenses, lost wages, and property damage. This can be used as leverage to increase the amount of the insurance settlement offer. Correct and complete medical records can help you to avoid missing payment deadlines that could result in serious financial penalties.
Property Damages
Property damage is one kind of loss that an accident lawsuit can provide compensation. This could mean your car being damaged or other items within your home that are broken due to another party's negligence. It is crucial to record the items that were damaged and the amount it would cost to repair or replace them, because it will allow you to receive an appropriate amount of compensation for your losses. Your lawyer can assist you in this regard, as they will work on your behalf with the insurance company to negotiate a better settlement.
If they are unable to give an offer that's reasonable your lawyer will file legal complaints against the party responsible. This document will lay out your legal explanation of the incident and explain why the insured is responsible for your injuries under NY law. The defendant or their lawyer will then reply by accepting or denial of the complaint. They could also attempt to shift blame by bringing an appeal or counter-claim against you.
During the discovery process during the discovery process, both parties will exchange information and documents in a formal way. This includes written interrogatories and the right to look over the property of the other party, or to hire experts to help your side of the case. This is a crucial part of the litigation process because it may reveal information that neither party knew about prior to. This could have a major impact on the outcome of a case, particularly if the other party is trying to conceal evidence or deny responsibility.
Your Long Island accident attorney will draw on the information collected during this process to write a letter that is sent to the insurance company. The letter will outline the defendant's responsibility in the accident, explain why their insured is responsible for your losses according to NY law, and then demand a specific amount of settlement. The insurance company will usually respond with a counteroffer and the negotiation process will begin.
Sometimes, both parties will agree to settle the case before trial. This is an ideal solution for all parties, especially because trial can be a lengthy and risky procedure. 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 may be eligible for compensation for lost wages that result from your accident injuries. This type of compensation may help you get back into the financial position you would have been if you had not missed time off work due to your recovery. You must be prepared to submit documents to prove your claim when you pursue this type of compensation. These may include pay slips, profit and loss statements and tax receipts, or other financial data.
It is important to understand that lost wages are considered as a part of a broad class of damages known as "economic damages." Economic damages are paid to compensate you for expenses directly related to your accident and injury. The loss of income is only one aspect of your compensation package. Other expenses, like medical bills and property damage are also covered.
You will need documentation to prove your loss of wages. This is the time you have missed at work due to the accident as well as the injuries you sustained. This could be a letter from your employer, which includes relevant information such as the dates that you missed work and your current wage and how many hours you typically work in every week. You can also attach other documents to prove your claim, such as bank statements or profit and loss reports receipts, or other financial data.
Your attorney can go through all the documents and other information you provide to insurance companies on your behalf and ensure that everything is correct and precise prior to submitting a demand 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 attorney can also handle all communications with insurance companies concerning your claim. This could help you save time and energy. Your attorney can negotiate with insurance companies and present evidence to support your claim and propose an equitable settlement.
It can be a challenge to recover from serious injuries, particularly when you need to negotiate with the insurance company. McIntyre Law's legal team 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 can seek compensation for pain and suffering, which is a non-monetary damage. This includes any physical or emotional discomfort that an accident victim feels as a result. It is more difficult to quantify than other damages like expenses for medical treatment or lost wages, so it needs to be substantiated by witness testimony as well as the victim's own declarations.
Pain is the most obvious component of suffering and pain damages. However, it could also encompass other things.