What Damages Can You Claim in an
Accident Lawsuit?
It isn't always easy to determine the amount of compensation you're entitled following a car accident. A reputable lawyer can assist you to navigate the settlement process, and ensure that you get the right compensation for both your short-term and long-term loss.
A lawsuit usually involves filing a complaint and then undergoing a period of discovery that could last from a few months to a year. During this time, your attorney will gather medical documents, speak with witnesses and collect crash reports.
Medical Treatment
Medical treatment is a big element of many lawsuits for
accidents. The injured victims require medical documents and bills to prove their injuries, the damage the accident caused them, and the amount of pain they've endured.
But, a lot of people don't seek medical attention after an accident, for a variety of reasons. They might not feel well at the time or haven't been sure if they were injured. Or maybe they are in a rush to get home and are looking to relax. No matter why they don't consult a physician this could impact their claim to compensation for the accident.
A doctor is the only one who can verify that the injury was caused in part by the accident. They can also determine the cause of an injury and devise an treatment plan. This is why it's so important to see a physician after a car accident. It's important to follow-up with any specialist or doctor who are referred to you, take any prescribed medication, and attend any follow-up appointment that is scheduled.
Insurance companies will review your medical records to see the severity of your injuries. They could also make use of them against you, making the argument that an injury you claim you suffered is actually a pre-existing problem or the injury was caused by something other than the accident. It is possible to avoid this if you see a qualified doctor who knows what to look out for and who will provide you the right evidence.
A doctor can also decide the duration of your treatment and when you'll be at the point of maximum medical improvement. MMI means you have reached the stage where your injury is expected to improve with further treatments, but you are not likely to improve any further. This will enable your lawyer to determine the amount of compensation you deserve for medical expenses, lost wages, and property damage. This can be used to increase the amount of a settlement offer. Having complete and accurate medical records can help you avoid missing deadlines for payment, which can have serious financial consequences.
Property Damages
Property damage is one type of loss that can be compensated in a lawsuit for an accident. This could mean your car being damaged, or belongings in your home that have been broken due to another party's negligence. It is essential to document the items that were damaged and how much they cost to repair or replace them, because this can help you receive an appropriate amount of money for your losses. This is where your attorney can assist, as they will negotiate with the insurance company on your behalf in order to get you a higher settlement.
If they refuse to make an offer that is reasonable Your lawyer will file legal complaints against the party responsible. This document will explain your legal theory of the accident and explain why their insured is accountable for your injuries under NY law. The defendant or their attorney will respond to the complaint by either accepting it or refusing to accept it. In certain cases they may also attempt to shift blame by making an appeal or cross-claim to you.
During the discovery phase, both parties exchange documents and other information in a formal way. This includes written interrogatories, and the right to look over the property of the other party or hire experts to help your side of the dispute. This is a crucial part of the litigation process since it can reveal information that neither party knew about before. This could make a huge difference in the outcome of your case especially if the other party is trying to hide evidence or claim the liability.
Your Long Island accident attorney will use the information obtained from this process to draft the letter to be sent to the at-fault party's insurance company. The letter will outline the defendant's responsibility in the accident and also explain why their insurer is accountable for your damages in accordance with NY law, and demand a specific amount of settlement. The insurance company will usually respond with a counteroffer and the negotiation process will begin.
Sometimes the parties can agree to settle a case before the trial. This is an ideal solution for all parties, especially because trial is a long and risky procedure. The majority of car accident lawsuits are settled out of court due to it being cheaper, quicker and less stressful for all parties.
Lost Wages
You could be eligible for compensation for the loss of wages due to your accident injuries. This kind of compensation can aid you in regaining the financial position you would have been in if you had not lost work time as you recovered. 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 be aware that lost wages are part of an overall class of damages that is known as "economic damages". Economic damages are paid in order to compensate you for expenses directly related to your accident or injury. Therefore losing income is only part of your overall compensation package, which includes other expenses like property damage, medical treatment, and suffering and pain.
To prove your lost wages, you'll be required to provide documentation of the time you were absent from work as a direct result of the accident and your resulting injuries. This could be a letter from your employer which contains relevant information such as the dates you missed from work as well as your current wage and the number of hours you typically work in each week. It is also possible to include documents like receipts, profit and loss statements, bank statements or other financial records that support your claim.
Your attorney will review all the documents and information that you have submitted to the insurance
firms on your behalf and make sure that everything is accurate and exact before submitting a claim for the loss of wages. This is essential because if you're not careful, any mistakes in these documents can lead to a denial of the amount of your damages.
A personal injury lawyer can also handle all communications with insurance companies about your claim. This will save you time and energy. Your attorney can negotiate with the insurance companies, share the evidence that supports your claim and suggest a settlement that is fair to you.
The entire process of obtaining compensation for your accident injuries is a challenge, especially when you are trying to recover from serious injuries. The legal team at McIntyre Law will help you resolve the liability of the party at fault's insurance company, file a lawsuit should it be necessary, and seek compensation for your lost wages.
Pain and Suffering
Pain and suffering is a kind of non-monetary damages that an injured victim can seek compensation for. This can include any emotional or physical discomfort that a victim suffers because of the injury. This is harder to quantify than other damages, such as the cost of medical bills or lost wages which is why it needs to be substantiated by witness testimony and the victim's own declarations.
Pain is the most obvious component of pain and suffering damages however it can encompass numerous other elements as well.