What Damages Can You Claim in an Accident Lawsuit?
After a car crash, it is difficult to know what damages you're entitled to recover. A good lawyer can help you navigate the settlement process and ensure you receive adequate compensation for your long-term and short-term losses.
A lawsuit typically involves filing a complaint, and then undergoing a period of discovery that could last from a few months to a year. During this time the attorney will collect medical records, speak with witnesses, and collect reports of crashes.
Medical Treatment
Medical treatment is an integral part of most
accident lawsuits. The reason for this is that injured victims require medical bills and documents to show that their injuries are real, that they were caused by the accident, and how much they have been suffering.
Many victims will not seek medical care after an accident due to a variety of reasons. Perhaps they are fine at the time, or aren't sure they have an injury. Or maybe they're rushed to get home and want to relax after the crash. Whatever the reason they don't see a doctor it could impact their accident claim.
A doctor is the only person who can verify that an injury was caused by the accident. They can also identify injuries and formulate an appropriate treatment plan. This is why it's so important to visit a doctor immediately following a car crash. It is also crucial to follow-up with any doctor or specialist that are recommended, take any prescribed medications and keep all follow-up appointments that are scheduled.
Insurance companies will review your medical records to determine the severity of your injuries. They may also attempt to make use of them against you by argument that an injury you claim you suffer is actually a pre-existing condition, or that it was caused by something other than the accident. This can be avoided when you consult a doctor who knows what to look for and can provide you with the appropriate evidence.
Additionally, a doctor will determine the length of time your treatment will last as well as when you will be at the point of maximum medical improvement (MMI). MMI is a term used to describe a situation that means you have reached the point at which your injury cannot be expected to improve with additional treatment and are not likely to be able to recover any further. This will enable your lawyer to determine the amount of compensation you're entitled to for medical expenses, lost wages, and property damage. This can be used to boost an settlement for insurance. Complete and accurate medical records will also help you avoid missing any deadlines for payments which could have serious financial implications.
Property Damages
Property damage is a type of loss that is compensated in an accident lawsuit. It could be a result of your car being damaged or items in your home that have been damaged due to someone else's negligence. It is important to document the damaged items and how much they cost to repair or replace them. it will allow you to receive a fair amount of compensation for your loss. An attorney can assist you with this, as they can negotiate on your behalf with the insurance firm to negotiate a greater settlement.
If they're not willing to accept a fair offer, your lawyer will file a legal suit against the responsible party. This document will lay out your legal explanation of the
accident lawyer and why their insured is liable for your injuries under NY law. The defendant or their attorney will then respond by either accepting or denial of the claim. In some cases they may also attempt to shift blame by launching the claim of a cross-claim or counterclaim against you.
During the process of discovery during the discovery process, both parties will exchange information and documents in a formal manner. This includes written interrogatories, the right to inspect the property belonging to the other party or hire experts to aid your side of the dispute. This is a very important part of the lawsuit process because it could reveal facts that the parties did not have prior knowledge of. This can have a significant impact on the outcome of a case particularly if the opposing party is trying to hide evidence or dismiss any responsibility.
Your Long Island accident attorney will draw on the information collected during this process to write a letter that is sent to the at-fault party's insurance company. The letter will reaffirm the defendant's liability in the accident and explain why their insurance is accountable for your damages under NY law, and then ask for a specific amount to settle. The insurance company will typically respond with a counteroffer, and the negotiation process will begin.
Sometimes it is the case that both parties are able to agree to settle the case before the trial. This is a great option for everyone involved, especially considering that trial is an extremely long and risky process. The majority of car accident lawsuits are settled out of court because it is less expensive, quicker and less stressful for all parties.
Lost Wages
You may be entitled to compensation for lost earnings resulting from your injuries from an accident. This kind of compensation can help put you back in the financial situation you would have been if you didn't have missed time from work as you recovered. If you want to pursue this kind of compensation, you should be prepared to provide documents that prove your claim. These may include pay slips or profit and loss reports tax documents, receipts and other financial documents.
It is important to remember that lost wages are considered part of a larger category of damages referred to as "economic damages." Economic damages are awarded to pay for the costs directly related to your accident and injury. Therefore losing income is only part of your overall compensation package, which also includes other expenses such as medical treatment, property damage as well as suffering and pain.
In order to prove the loss of your wages, you will need to have the documentation of the time you were absent from work as a direct result of the accident and resulting injuries. This could be a written statement that contains relevant information, such as dates you missed work, your current salary level and the amount of time you work per week. It is also possible to include documents such as receipts of profit and loss accounts bank statements, or other financial records that support your claim.
Your attorney will review the documents and information you send to insurance companies to make sure all information is correct and complete prior to filing an application for compensation for lost wages. This is crucial because If you're not careful any mistakes in these documents could lead to the denial of this part.
A personal injury lawyer will also handle all communication with the insurance companies regarding your claim. This can save you valuable time and energy. Attorneys can bargain with insurance companies and present evidence that supports your case, and suggest an fair settlement.
The entire process of seeking compensation for your injuries from an accident can be a daunting task, especially when you're trying to recover from serious injuries. McIntyre Law's legal department will help you deal directly with the insurance company of the responsible party, take legal action if needed, and seek compensation for lost wages.
Suffering and Pain
Pain and suffering is a type of non-monetary damages that an injured victim can seek compensation for. It covers any physical and emotional distress or discomfort an accident victim experiences as a result of their injuries. This kind of damage is more difficult to quantify than medical bills or lost wages. It requires more evidence, like witness testimony and the victim’s own statements.