What Damages Can You Claim in an Accident Lawsuit?
It isn't always easy to determine the amount of damages you're entitled to following a car accident. A good lawyer will help you navigate the settlement process, and will ensure you receive the appropriate compensation for your short-term and long-term losses.
A lawsuit typically involves filing a claim and going through a discovery period that can last from a few weeks to more than a year. During this time, your attorney will gather medical records, talk to witnesses, and gather crash reports.
Medical Treatment
Medical treatment is a major part of most
accident law firm lawsuits. The reason for this is that injured victims require medical bills and records to show that their injuries are real, were caused by the accident and the extent to which they have suffered.
However, a lot of victims don't seek medical attention following a car accident for various reasons. They might be feeling fine at the time, or may not have certain if they are injured. Or perhaps they are rushed to get home and want to rest after the crash. Whatever the reason, if they don't see a doctor or a specialist, it could affect their claim for compensation.
First an ophthalmologist is the only person who can verify whether an injury was caused by the accident. A doctor can also determine the cause of the injury and develop a plan of treatment. It is important to speak with a doctor immediately after an accident. It's essential to follow-up with any doctors or specialist who are referred to you, take any prescribed medication, and go to any scheduled follow-up appointment.
Your medical records will be examined by insurance companies to determine the severity of your injuries. They may try to make use of your medical records against you, arguing that the injury was caused by something else that was not an accident. This is a possibility when you consult a doctor who is aware of what to look for and can provide you with the proper evidence.
A doctor can also determine the length of your treatment and the time you'll achieve maximum medical improvement. MMI is the term used to define an area of your recovery at which you are not likely to recover any further. This will allow your attorney to calculate how much compensation you are owed for your medical expenses, lost wages, property damage, as well as the pain and suffering. This can be used to increase an settlement for insurance. Complete and accurate medical records can also help you to avoid missed deadlines for payment that could have serious financial consequences.
Property Damages
Property damage is a form of loss that can be compensated in an accident lawsuit (
mariskamast.net). This may include your car being damaged or items in your home that are damaged because of someone else's negligence. Note the damage and the much it would cost to repair or replace the item. This will allow you to receive fair compensation for the loss. Your attorney can help you with this, as they will negotiate on your behalf with the insurance company to negotiate a higher settlement.
If they are not willing to offer you a fair offer, your lawyer will file a complaint against the person at fault. This document will explain your legal theory regarding the accident and also explain the reason why their insurance company is responsible for any injuries you sustained under NY law. The Defendant or their attorney will then decide whether to accept or denial of the charge. They could also attempt to shift blame by making an attempt to counter-claim or cross-claim against you.
During the process of discovery during the discovery process, both parties will communicate information and documents in a formal manner. This includes written interrogatories, the right to look over the property of the other party or engage experts to support your side of the case. This is an important part of the process of litigation because it could reveal information neither party was aware of before. This could make a significant difference in the outcome of your case especially if the other side is trying to hide evidence or wrongfully claim the liability.
Your Long Island accident attorney will use the information gathered from this process to prepare an email that will be sent to the insurance company of the at-fault company. The letter will reaffirm the defendant's responsibility in the incident and explain why their insurance is responsible for your losses in accordance with NY law, and request a specific settlement amount. The insurance company will usually respond with a counteroffer, and the negotiation process will begin.
Occasionally, both parties will agree to settle the case before trial. This can be a beneficial solution for all parties, especially because trial is a long and risky process. Most car accident lawsuits are settled outside of court, as it is less expensive, quicker and less stressful for all parties.
Lost Wages
You could be entitled to compensation for lost wages due to the injuries you sustained in your accident. This type of compensation can aid in getting you back to the financial position that you would have been if you had not missed time working during your recovery. You must be prepared to submit documents to prove your claim when you pursue this type. This could include pay slips and tax documents.
It is important to remember that lost wages are considered part of a general class of damages known as "economic damages." Economic damages are used to pay for expenses directly connected to your injury or accident. The loss of income is only one component of your compensation package. Other costs, such as property damage and medical treatment are also covered.
To prove the loss of wages, you'll be required to provide documentation of the amount of time you were absent from work as a direct result of the
accident law firm, as well as your injuries that resulted from it. This may include a letter from your employer that includes pertinent information, such as the dates you missed from work as well as your current wage and how many hours you normally work in every week. You can also include documents like receipts of profit and loss accounts bank statements, or other financial information that supports your claim.
Your attorney will review all the documents and information submitted to insurance companies on your behalf. You should ensure that everything is complete and precise prior to submitting a demand for lost wages. This is crucial because if you are not careful, any errors in these documents could cause a denial for this portion of your damages.
A personal injury lawyer can manage all communications with insurance companies regarding your claim. This can save you time and energy. Your lawyer can negotiate with the insurance companies, provide the evidence to support your claim and suggest a settlement that is fair to you.
The entire process of recovering for your accident injuries can be a daunting task, especially when you are trying to recover from severe injuries. The legal team at McIntyre Law will help you deal with the liable party's insurance company and, when necessary, and seek compensation for lost wages.
Pain and Suffering
Pain and suffering is a form of non-monetary damages that the injured victim may seek compensation for. This includes any emotional or physical discomfort that a victim of an accident feels due to the accident. This is harder to quantify than other damages like lost wages or medical bills which is why it needs to be substantiated by witness testimony as well as the victim's personal statements.
Pain is the most obvious part of suffering and pain but it can also encompass several other aspects too. It could encompass any discomfort that you feel in your body as a result of your injury, including abrasions and bruises.