What Damages Can You Claim in an Accident Lawsuit? After a car accident, it can be difficult to understand what damages you're entitled to claim. A competent lawyer can help you negotiate settlements, and ensure you receive adequate compensation for your short-term and long-term loss. A lawsuit usually involves filing a complaint and going through a period of discovery that can last a few months to over one year. During this time, your lawyer will gather medical records, talk to witnesses, and obtain reports on crashes. Medical Treatment Most accident lawsuits include medical treatment. Injured victims need medical invoices and records to prove their injuries, the damage the accident caused them, and how much pain they've endured. However, a lot of victims do not seek medical attention after an accident, for a variety of reasons. They might not feel well at the moment or not been sure if they were injured. Or maybe they are trying to get home, and want to take a break. Whatever the reason they don't consult a doctor this could impact their claim for compensation. A doctor is the only one who can verify that an injury was caused by the accident. They can also identify an injury and develop the treatment plan. It is essential to consult an expert immediately following a crash. It is crucial to follow-up with any doctor or specialist that is referred, take any prescribed medication, and be present at any follow-up appointment scheduled. Insurance companies will examine your medical records to determine how serious your injuries are. They may also try to make use of them against you, arguing that an injury you claim you suffered is actually a pre-existing problem or the injury was caused by something other than the accident. You can avoid this by ensuring that you visit an experienced doctor that knows what to look out for and who will provide you with the correct documents. A doctor will also be able to determine the length of your treatment, and when you'll be at the point of maximum medical improvement. MMI is the term used to describe the point in your recovery when you are not likely to recover further. This allows your attorney to calculate the amount you're entitled to for medical expenses, lost wages, and property damage. This can be used to increase the amount of the insurance settlement offer. Being able to have accurate and complete medical records can also assist you in avoiding missing any payment deadlines, which can have serious financial implications. Property Damages Property damage is a kind of loss that is covered in a lawsuit over an accident. It could be your car that has been damaged or broken in your house due to negligence. It is important to document the items damaged and the amount it would cost to repair or replace them, because this will help you get an adequate amount of compensation for your losses. This is where an attorney can assist, as they will negotiate with the insurance company on your behalf, aiming to get you a higher settlement. If they're unable to make you a reasonable offer Your lawyer will file a lawsuit against the person at fault. This document will provide your legal theories regarding the incident, and explain the reason why their insurance company is responsible for any injuries that you sustain under NY law. The Defendant or their attorney will then reply by accepting or denial of the complaint. In some instances they may also try to shift blame by launching a counterclaim or cross-claim against you. During the process of discovery in the discovery process, both parties exchange documents and information in a formal manner. This includes written questions (called interrogatories) and the right to inspect other parties' property or employ experts to prove their side. This is a crucial part of the litigation process because it can reveal information that no one was aware of prior to. This can have a significant impact on the outcome of a case, particularly if the other party is trying to conceal evidence and/or refuse to accept responsibility. Your Long Island accident attorney will use the information obtained from this process to draft an email that will be sent to the at-fault party's insurance company. The letter will clarify the responsibility of the defendant in the accident, why their insured is liable for your damages according to NY law, and request a 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 prior to trial. This is a great solution for all parties, especially because trial can be a lengthy and risky process. Most car accident lawsuits are settled out of court, as it is cheaper, faster and less stressful for all parties. Lost Wages You could be eligible to receive compensation for the loss of wages resulting from your accident injuries. This type of compensation may help you get back to the financial situation you have been in if you hadn't lost work time as you recovered. If you are seeking this type of compensation, you should be prepared to provide documents that support your claim. These documents could include paystubs and tax documents. You should be aware that lost wages are a part of the overall category of damages referred to as "economic damages". Economic damages are paid to pay for costs directly relating to your accident or injury. Therefore losing income is only one component of your overall compensation package, which includes other costs such as medical treatment, property damage as well as suffering and pain. To prove the loss of wages, you'll require documentation of the amount of time you were absent from work as a direct consequence of the accident, as well as your injuries that resulted. This could be a letter which includes pertinent information like the dates you missed work and your current salary and the amount of time you work on an average week. You can also include documents like receipts, profit and loss statements bank statements, or any other financial data that supports your claim. Your lawyer can review all the documents and information that you have submitted to insurance companies on your behalf. You should ensure that everything is completely accurate before filing a demand for lost wages. This is important because If you're not careful any mistakes in these documents could result in the denial of this part. A personal injury lawyer can also handle all communications with insurance companies regarding your claim. This can save you time and energy. Your lawyer can negotiate with insurance companies and present evidence to support your claim and propose an equitable settlement. The entire process of getting compensation for the injuries you sustained in an accident can be a daunting task, especially when you are trying to recover from severe injuries. McIntyre Law's legal team can help you deal directly with the insurance company of the responsible party. bring a lawsuit if needed and seek compensation for lost wages. Pain and Suffering Pain and suffering is one of the types of non-monetary damage that the injured victim may seek compensation for. It includes any physical and emotional discomfort or distress that an injured victim suffers due to their injuries. It is more difficult to quantify than other damages such as expenses for medical treatment or lost wages, so it needs to be substantiated by witness testimony and the victim's declarations. Pain is the most obvious part of pain and suffering damages however it can encompass various other aspects as well. It can refer to any discomfort in your body due to an injury such as abrasions or bruises. It also covers your emotions such as fear and anxiety. It may also be a financial loss, like the amount you miss out on because you are unable to engage in activities that you enjoyed prior to your accident. There are many ways to calculate the amount of pain and suffering. The method you decide to use will depend on the specifics of your particular case. Some insurance companies use the multiplier method. In this method, the actual damages you suffer are weighed and then multiplied by a number based on the severity of your injuries to determine an estimate of your suffering and pain. A judge or jury then makes a decision on the value of pain and suffering. It is advisable to consult with an attorney if are unsure of the value of your suffering and pain. They can assist you in understanding the various elements of suffering and pain, and they can provide a detailed account of your experiences that you can use to demonstrate the impact of your accident on your life. Many people are reluctant to speak about their pain or suffering because they don't want to be seen by others as complaining. However, it's vital to talk about your pain to ensure you receive fair compensation for your accident. Lawyers can help you gather evidence to demonstrate the severity of your injury. https://vimeo.com/709653236 can be done through vignettes or stories that explain the way you lived your life prior to and after the accident.