Janelle Sconce asked 2 months ago
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 crash. A competent lawyer can help you navigate the settlement process and ensure you are compensated for your short- and long-term losses.
A lawsuit usually involves filing a complaint and going through a process of discovery that can last from a couple of months or even one year. During this time, your attorney will gather medical documents, speak with witnesses, and obtain reports on crashes.
Medical Treatment
Medical treatment is a major part of most accident lawsuits. The reason for this is that injured victims need medical bills and documents to prove that their injuries are real, that they were caused by the accident and the extent to which they have been suffering.
Many victims will not seek medical care after an accident due to many reasons. Maybe they feel fine at the time or don’t know if they’ve suffered an injury. Or maybe they are in a rush to get home and want to rest. Whatever the reason, accident attorneys if they don’t see a doctor, it could affect their accident claim.
First first, a doctor is the only person to determine if an injury caused by an accident. They are also able to diagnose an injury and create an appropriate treatment plan. This is why it’s important to see a physician right after a car accident. It’s essential to follow-up with any doctors or specialist that are referred, and take any prescribed medication, and go to any follow-up appointment scheduled.
Insurance companies will look at your medical records to see how serious your injuries are. They could also make use of them against you by asserting that the injury you claim you suffered is actually a pre-existing condition or that it was caused by something other than the accident. This can be avoided by visiting a seasoned doctor who knows what to look for and will provide you with the appropriate documentation.
A doctor can also decide the length of your treatment, and when you’ll achieve maximum medical improvement. MMI is a term that signifies that you’ve reached the level at which your injury is likely to improve with further treatment but are not expected to be able to recover any further. This will allow 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 from an insurance company. Correct and complete medical records can help you to avoid missed deadlines for payment that could have serious financial consequences.
Property Damages
Property damage is one type of loss for which an accident lawsuit could compensate you. It could be your car that is damaged or the broken items that are at home due to negligence. Note the damage and the much it cost to repair or replace the item. This will help you receive fair compensation for the loss. Your attorney can help you with this, as they can negotiate on your behalf with the insurance firm to negotiate a greater settlement.
If they are not willing to give you a fair offer, your lawyer will file a legal complaint against the person at fault. This document will outline your legal theory regarding the incident, and explain the reason their insurer is responsible for any injuries that you sustain under NY law. The Defendant or their attorney will respond to the complaint either by accepting or denial. In some instances they may also attempt to shift blame by making the claim of a cross-claim or counterclaim against you.
During the discovery process, [empty] both sides will communicate information and documents in a formal way. This includes written questions (called interrogatories) and the right to inspect other party’s property or hire experts to defend their side of the case. This is an important part of the litigation process as it may reveal information that neither party knew about before. This could have a significant impact on the outcome of a case, particularly if the other party is attempting to conceal evidence and/or claim the responsibility.
Your Long Island accident lawyer will use the information obtained from this procedure to draft the letter that will be sent to the insurance company of the party at responsible for the accident. The letter will outline the defendant’s responsibility in the incident and explain why their insurance is responsible for your losses according to NY law, and 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 agree to settle a case before the trial. This could be a beneficial option for everyone involved, especially considering that trial is a long and risky procedure. The majority of car accident lawsuits are settled out of court, as it is more affordable, faster and less stressful for all parties.
Lost Wages
You could be eligible to receive compensation for lost wages resulting from your accident injuries. This type of compensation may help you get back into the financial position that you would have been in if you had not missed time working during your recovery. You should be able to present evidence of your claim when you pursue this type. This could include pay slips and tax documents.
It is important to be aware that lost wages form part of a broad category of damages, referred to as “economic damages”. Economic damages are incurred to pay for costs directly related to your accident or injury. Therefore lost income is just one aspect of your overall compensation package, which also includes other costs like property damage, medical treatment and suffering and pain.
You’ll need documentation to prove the lost wages. This includes the time you missed working due to the accident and the injuries you sustained. This could include a letter from your employer which contains pertinent information, such as the dates on which you missed work as well as your current wage and the number of hours you typically work in the week. It is also possible to include documents such as receipts, profit and loss statements bank statements, or any other financial information that supports your claim.
Your attorney will review the documents and information that you provide to insurance companies and make sure that everything is accurate and complete prior to filing an insurance claim for lost wages. This is vital because if you’re not cautious the slightest error in these documents could lead to the denial of this part.
A personal injury lawyer can also handle all communications with insurance companies regarding your claim, which could save you valuable time and energy. Attorneys can engage with insurance companies provide evidence that supports your claim and propose an fair settlement.
It can be challenging to recover from serious injuries, especially when you need to negotiate with the insurance company. McIntyre Law’s legal team will help you deal directly with the insurance company of the responsible party, bring a lawsuit if needed and seek compensation for lost wages.
Suffering and Pain
Victims of injuries can seek compensation for pain and suffering which is a non-monetary damage. It covers any physical and emotional pain or discomfort that an injured victim suffers due to their injuries. This type of damage is more difficult to quantify than medical bills or lost wages. It requires more evidence, such as witness testimony or the victim’s own statements.
Pain is the most obvious element of suffering and pain but it can also encompass numerous other elements as well. It could encompass any discomfort you experience in your body because of your injury, including bruises and abrasions. It also covers your emotional reactions like anxiety and fear. It may also be a financial loss for instance, the amount you don’t get due to your inability to engage in activities that you enjoyed before your accident.
There are several different methods for calculating pain and suffering, and the method used will depend on your individual circumstances. Some insurance companies use the multiplier method. Your actual damages are tallied and then multiplied by a number that is dependent on the severity of your injury to determine the extent of your suffering and pain. A jury or judge will then make a final decision on the amount you should be paid for your suffering and pain.
If you’re not sure how much your pain and suffering is worth, it could be helpful to speak with an attorney who specializes in personal injury. They can assist you to know the various aspects of suffering and pain and provide a full description of the experience you can use as evidence of the impact of your injury on your life.
A lot of people are reluctant to speak about their suffering and pain as they don’t want be viewed as complaining However, it is vital that you do this when you’re trying to obtain fair compensation for your accident. A lawyer can assist you create evidence to demonstrate the impact of your injury with vignettes and stories that show your life before and after your accident.