What Damages Can You Claim in an Accident Lawsuit?
After a car accident, it isn’t always easy to figure out the amount of damages you’re entitled to recover. A competent lawyer can help you navigate the settlement process and ensure that you get the proper compensation for your short- and long-term loss.
A lawsuit usually involves filing a claim and going through a discovery phase which can run between a few weeks and more than one year. During this time, your attorney will collect medical records, speak with witnesses, and collect reports on crashes.
Medical Treatment
Most accident lawsuits include medical treatment. The reason for this is that injured victims require medical bills and records to prove that their injuries are real, were caused by the accident, and how much they’ve been suffering.
Many victims will not seek medical care after an accident for many reasons. Maybe they feel fine at the time, or they don’t know if they’ve suffered an injury. Perhaps they’re rushed to home and want to relax after the crash. Whatever the reason for why they do not seek medical attention, this could affect their claim for compensation.
A doctor is the only person to confirm that an injury was caused by the accident. A doctor can also identify the injury and develop a plan of treatment. This is why it’s so important to see a doctor immediately following a collision. It’s important to follow-up with any doctors or specialist that are referred, and take any prescribed medication, and go to any scheduled follow-up appointment.
Your medical records will be reviewed by insurance companies to determine the severity of your injuries. They may also try to use them against you by making the argument that an injury you say you have 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 is aware of what to look for and can provide you with the appropriate evidence.
A doctor can also decide the length of your treatment and when you’ll achieve maximum medical improvement. MMI means you have reached the level at which your injury is expected to improve with additional treatment but are not expected to improve any further. This will allow your lawyer to determine the amount you’re entitled to for medical expenses, lost wages, and property damage. This can be used as leverage to increase the amount of a settlement offer. Being able to have accurate and complete medical records will also assist you in avoiding missing deadlines for payment, which can have serious financial consequences.
Property Damages
Property damage is just one kind of loss that an accident lawsuit could provide compensation. It could be a result of your car being damaged or other items in your home that are damaged due to someone else’s negligence. Document the damage and record how much it cost to fix or replace the item. This will help you get a fair amount of compensation for the loss. Your attorney can help you in this regard, as they will work on your behalf with the insurance company to negotiate a higher settlement.
If they do not make an offer that’s reasonable Your lawyer will file legal claims against the party responsible. This document will outline your legal theories regarding the incident, and explain why their insurer is liable for any injuries you suffered under NY law. The defendant or their lawyer will then decide whether to accept or denial of the charge. 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 in the discovery process, both parties communicate information and documents in a formal way. This includes written interrogatories and the right to inspect the property of the other party, or to hire experts to support your side in the case. This is a very important part of the litigation process, as it can uncover information that either side did not know about before. This could have a significant impact on the outcome of a lawsuit, particularly if the other party is trying to conceal evidence and/or claim the responsibility.
Your Long Island accident attorney will use the information gathered from this process to draft an official letter to be delivered to the insurance company. The letter will clarify the Defendant’s liability for the accident, and why their insured is liable for your damages as per NY law, and seek a settlement. The insurance company will usually respond with a counteroffer and the negotiation process begins.
Sometimes, both parties agree to settle the case before trial. This can be a good solution for everyone involved especially considering that trial is an extremely long and risky process. Most car accident lawsuits are settled out of court because it is cheaper, faster and less stressful for all parties.
Lost Wages
You may be entitled to compensation for the loss of earnings resulting from your accident injuries. This kind of compensation could aid you in regaining the financial situation you have had if you hadn’t lost work time while recovering. You should be prepared to present evidence of your claim when you pursue this type. These could include paystubs profits and loss statements tax documents, receipts or other financial information.
You must be aware that lost wages are a part of a larger category of damages, referred to as “economic damages”. Economic damages are paid to compensate you for expenses directly related to your accident or injury. The loss of income is only one part of your total compensation package. Other expenses, like medical expenses and property damage are also included.
You’ll need evidence to prove the lost wages. This includes the time that you missed working due to the accident law firm and the injuries you sustained. This may include a letter from your employer, which includes relevant information such as the dates on which you missed work and your current wage and the number of hours you typically work in each week. You can also attach other documents that support your claim, like bank statements, profit and loss reports receipts, or other financial records.
Your attorney can go through the documents and data you send to insurance companies and ensure that everything is accurate and complete before you file a claim for lost wages. This is vital since 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 handle all communication with insurance companies about your claim, which will save you time and energy. Your attorney can negotiate with the insurance companies, provide the evidence to support your claim and propose a settlement that is fair to you.
The entire process of seeking compensation for your injuries from an accident can be overwhelming, especially when you’re trying to recover from serious injuries. McIntyre Law’s legal staff will help you deal directly with the insurance company of the responsible party, make a claim if needed and seek compensation for lost wages.
Pain and Suffering
Injured victims may seek compensation for pain and suffering, which is not a monetary amount. This can include any physical or emotional discomfort that a victim suffers because of the injury. This kind of injury is more difficult to quantify than medical bills or lost wages. It requires more evidence, such as witnesses’ testimony as well as the victim’s own statements.
Pain is the most obvious part of pain and suffering damages however, it can encompass several other aspects too. It could refer to any discomfort you feel in your body caused by injury, like bruises or abrasions. It also covers your emotions like anxiety and fear. It may also be a financial loss like the amount you are unable to earn because of your inability to take part in activities you enjoyed prior to your accident.
There are a variety of methods of calculating the amount of suffering and pain. The method you choose to use will depend on the specific circumstances of your particular case. Certain insurance companies employ the multiplier method. In this method, the amount of damages you incur are measured and then multiplied by a number based on the severity of your injury to determine an estimate of your suffering and pain. A jury or judge will then make a final decision on the worth of your suffering and pain.
It could be beneficial to speak with an attorney if you aren’t sure about the worth of your suffering and pain. They can help you to be aware of the various elements that cause pain and suffer, and provide a detailed account of your experience that you can use as proof of the impact of your injury on your life.
Many people are reluctant to talk about their pain and suffering, as they don’t wish to be perceived by others as complaining. However, it’s crucial to speak up to ensure you be compensated fairly for your accident. Lawyers can help you create evidence to demonstrate the effects of your injury through vignettes or stories that show your life prior to and after the accident.