What Damages Can You Claim in an Accident Lawsuit? After a car accident, it isn't always easy to figure out what damages you are entitled to recover. A skilled lawyer can assist you negotiate settlements, and ensure that you get the right compensation for your short-term as well as long-term losses. A lawsuit typically involves filing a claim, and then going through a process of discovery that can last between a few weeks and more than one year. During this time your attorney will gather medical records, interview witnesses, and gather reports on accidents. Medical Treatment Medical treatment is a major element of many lawsuits for accidents. The reason for this is that injured victims need medical bills and records to prove that their injuries are real, that they were caused by the accident, and how long they have suffered. Many people don't seek medical care after an accident due to a variety of reasons. Maybe they feel fine at the time or aren't certain if they have an injury. Perhaps they're in a rush to get home and just want to rest after the crash. Whatever the reason for why they do not seek medical attention, this could result in a problem for their accident claim. A doctor is the only one to confirm that the injury was caused by the accident. They can also identify injuries and formulate an treatment plan. This is why it's important to see a physician immediately following a collision. It's important to follow-up with any specialist or doctor that is referred, take any prescribed medication, and make any follow-up appointment scheduled. Your medical records will be reviewed by insurance companies to determine the severity of your injuries. They could also make use of them against you, arguing that an injury you say you have is actually a pre-existing problem or that it was caused by something other than the accident. This can be avoided by visiting a seasoned doctor who is aware of what to look for and can give you the correct evidence. A doctor can also determine the duration of your treatment and the time you'll be at the point of maximum medical improvement. MMI is the term used to define a point in your recovery where you are not likely to recover further. This allows 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 the insurance settlement offer. Having complete and accurate medical records can also assist you in avoiding missing any deadlines for payments which could have serious financial implications. Property Damages Property damage is one kind of loss for which an accident lawsuit can be compensated. It could be a result of your car being damaged or other items inside your home that are damaged due to someone else's negligence. It is essential to document the items that were damaged and how much they cost to repair or replace them. this will help you get an appropriate amount of compensation for your losses. An attorney can assist you in this regard, as they will work on your behalf with the insurance firm to negotiate a greater settlement. If they're not willing to make you a reasonable offer, your lawyer will file a legal suit against the at-fault party. The document will outline your legal theory regarding the accident and why their insured is liable for your injuries under NY law. The defendant or their attorney will then respond to the complaint either by accepting it or denouncing it. They may also try to shift the blame by bringing claims against you. During the discovery stage, both parties exchange documents and other details in a formal manner. This includes written interrogatories, the right examine the property of the other party, and hiring experts to aid your side of the case. This is a crucial part of the process of litigation because it can reveal information that neither party was aware of prior to. This can have a significant impact on the result of a case, especially if the other party is trying to conceal evidence or deny any responsibility. https://vimeo.com/709671968 will use the information collected from this process to write a letter to be sent to the insurance company of the party who is at responsible for the accident. The letter will clarify the Defendant’s liability for the accident, as well as explain why their insured is responsible for your losses as per NY law, and then request a settlement amount. The insurance company is likely to respond with a counteroffer, and the negotiation process begins. Sometimes, both parties decide to settle the matter before trial. This is a beneficial solution for all parties, particularly since trial can be an extended and risky process. The majority of car accident lawsuits settle outside of court since it is more affordable, faster and less stressful for everyone involved. Lost Wages You could be eligible for compensation for the loss of wages resulting from your injuries in an accident. This kind of compensation can help you return to the financial situation you have had if you hadn't lost work time while recovering. You should be prepared to provide evidence to support your claim when you seek this type of claim. This can include paystubs profits and loss statements and tax receipts, or other financial data. You must be aware that lost wages comprise of an overall category of damages referred to as "economic damages". Economic damages are incurred to pay for expenses directly relating to your injury or accident. Therefore losing income is only one component of your overall compensation package, which also includes other costs such as medical treatment, property damage and suffering and pain. You'll need evidence to prove the lost wages. This includes the time that you missed at work due to the accident as well as the injuries you sustained. This could include a letter which includes pertinent information including dates you were unable to work or your current salary and the number of hours you work on an average week. It is also possible to include other documents to support your claim, like bank statements, profit and loss reports or receipts as well as other financial records. Your attorney can look over the documents and other information you provide to insurance companies to make sure everything is accurate and complete before you file a claim for lost wages. This is vital since if you're not careful, any errors in these documents could cause a denial of the amount of your damages. An attorney for personal injury can manage all communications with insurance companies about your claim. This will save you time and energy. Attorneys can engage with insurance companies and present evidence that supports your case, and suggest an equitable settlement. It can be challenging to recover from serious injuries, particularly when you need to negotiate with the insurance company. The legal team at McIntyre Law will help you get in touch with the responsible party's insurance provider and file a lawsuit in the event of a need, and pursue compensation for your lost wages. Pain and Suffering Victims of injuries may seek compensation for pain and suffering which is a non-monetary loss. This includes any physical or emotional discomfort that a victim of an accident feels due to the accident. The type of damage that this kind of person suffers 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 declarations. Pain is the most obvious aspect of suffering and pain, but it can include several other aspects too. It can include any discomfort that is caused by injury, for instance, bruises or abrasions. It also covers your feelings like anxiety or fear, as well as depression. It could also be a financial loss, for example, the amount that you are unable to earn because of your inability to take part in the activities you enjoyed before your accident. There are different methods to quantify the amount of suffering and pain. The method you choose will depend on the specific circumstances of your particular case. Some insurance companies use the multiplier method. The actual damages you suffer are then tallied and multiplied by a number that is that is based on the severity of your injury to estimate the amount of suffering and pain. A jury or judge will decide regarding the value of your suffering and pain. If you're unsure of the amount of your pain and suffering is worth, it may be beneficial to talk with a personal injury attorney. They can help you be aware of the various elements that cause pain and suffer and provide a full description of your experience which you can use as proof of the impact of the accident on your life. Many people are reluctant to speak about their pain or suffering, as they don't want to be perceived by others as complaining. However, it is essential to do this to ensure you be compensated fairly for your accident. A lawyer can assist you create evidence to demonstrate the severity of your injury with vignettes and stories that show your life before and after your accident.