What Damages Can You Claim in an Accident Lawsuit? After a car crash, it can be difficult to determine what damages you're entitled to claim. A competent lawyer can help you negotiate settlements, and ensure you receive adequate compensation for both your short-term and long-term losses. A lawsuit typically involves filing a complaint and undergoing a period of discovery that can last from a few months to over an entire year. During this time, your lawyer will gather medical documents, interview witnesses and collect reports on crashes. Medical Treatment The majority of accident lawsuits involve medical treatment. The reason for this is that injured victims need medical bills and documents to prove that their injuries are real, were caused by the accident and how long they have suffered. However, many victims don't seek medical attention following an accident due to various reasons. They might not feel well at the time or haven't was sure if they were injured. Perhaps they're in a rush to get home and just want to relax after the crash. Whatever the reason they don't visit a doctor this could impact the claim for their accident. A doctor is the only one who can confirm that an injury was caused by the accident. They are also able to diagnose an injury and devise a treatment plan. This is why it's important to consult a doctor immediately following a collision. It's also important to follow-up with any doctors or specialists that are recommended, take any prescribed medications, and attend any follow-up appointments scheduled. Insurance companies will review your medical records to see the severity of your injuries. They might try to use your medical records against you, arguing that the injury you claim that you suffered was caused by something else that was not an accident. You can avoid this by ensuring that you consult with a doctor who knows what to look for and will give you with the correct documentation. Additionally, a doctor will determine the length of time your treatment will take and when you will reach maximum medical improvement (MMI). MMI is the term used to describe a stage in your recovery when you are likely to not recover any further. This will help your attorney determine the amount of compensation you are due for medical expenses as well as lost wages, property damage, and suffering. This can be used as leverage to increase the amount of an insurance settlement offer. Accurate and complete medical records also allow you avoid missing payment deadlines that could have severe financial consequences. Property Damages Property damage is a form of loss that can be compensated in an accident lawsuit. It could be your car that is damaged or broken items within your home due to negligence. It is important to document the items that were damaged and the amount it would cost to repair or replace them. this will help you get an adequate amount of compensation for your losses. Your lawyer can assist you in this regard, as they will work on your behalf with the insurance company to negotiate a higher settlement. If they refuse to make you an offer that is reasonable your lawyer will file legal complaints against the person responsible. This document will outline your legal theory about the accident, and the reason why their insurance company is responsible for any injuries you suffer under NY law. The Defendant or their attorney will then decide whether to accept or denial of the complaint. In some cases they may also attempt to shift blame by making an appeal or cross-claim to you. During the discovery stage, both parties exchange documents and other details in a formal way. This includes writing questions (called interrogatories) and the right to inspect other party's property, or to hire experts to support their side of the case. This is a crucial aspect of the process of litigation because it could reveal information that no one was aware of prior to. This could have a major impact on the outcome of a case, particularly if the other party is attempting to conceal evidence and/or refuse to accept responsibility. Your Long Island accident lawyer will use the information obtained from this process to write an email to be sent to the insurance company of the party at the fault. The letter will outline the defendant's liability in the accident, explain why their insured is responsible for your losses according to NY law and then demand a specific amount of settlement. The insurance company will usually respond with a counteroffer and the negotiation process will begin. Sometimes, both parties are able to agree to settle the case before trial. This is an ideal solution for all parties, especially because trial is a long and risky process. The majority of car accident lawsuits settle outside of court because it's cheaper, faster and less stressful for all parties. Lost Wages You may be eligible for compensation for the loss of wages resulting from your accident injuries. This type of compensation can assist you in getting back to the financial situation you would have had if you hadn't lost work time during your recovery. When seeking this type of compensation, you should be prepared to submit documents that support your claim. These could include paystubs and tax documents. It is important to understand that lost wages are considered part of a larger category of damages called "economic damages." Economic damages are awarded to compensate you for expenses directly resulting from your injury or accident. The loss of income is only one element of your compensation package. Other expenses, such as medical treatment and property damage, are also included. You'll need documentation to prove the lost wages. https://vimeo.com/709638682 includes the time you missed working due to the accident as well as the injuries you suffered. This could be a letter that includes relevant information, such as dates you missed work, your current salary level and the amount of time you work on average per week. You can also include documents to support your claim, such as bank statements reports on profit and loss, receipts or other financial information. Your attorney can review the documents and data you send to insurance companies and make sure that all information is correct and complete prior to filing an application for compensation for lost wages. This is important because if you're not careful the slightest error in these documents could lead to the denial of this part. A personal injury lawyer can manage all communications with insurance companies regarding your claim, which can save you valuable time and energy. Your lawyer can negotiate with the insurance companies, share the evidence supporting your case and offer a settlement which is fair to you. The entire process of seeking compensation for the injuries you sustained in an accident is a challenge, especially when you are trying to recover from serious injuries. McIntyre Law's legal team can 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 a non-monetary injury. It covers any physical and emotional pain or suffering that an injured victim suffers due to their injuries. It is more difficult to quantify than other damages like lost wages or medical bills This is why it requires more evidence from witnesses testimony and the victim's statements. Pain is the most obvious aspect of pain and suffering damages. But, it can include other issues. It could encompass any discomfort you feel within your body due to your injury, which includes abrasions and bruises. It also covers your feelings like anxiety or fear, as well as depression. It could also be a financial loss, such as the amount you are unable to earn due to your inability engage in activities that you enjoyed prior to your accident. There are many different methods for calculating pain and suffering and the method you use will depend on your specific circumstances. Certain insurance companies employ the multiplier method. In this method, the actual damages you suffer are weighed and then multiplied by a number that depends on the severity of your injury to arrive at an estimate of your pain and suffering. A judge or jury makes a final determination about the worth of suffering and pain. It may be useful to speak with an attorney if you aren't sure about the worth of your pain and suffering. They can assist you in understanding the different elements of suffering and pain and can provide a detailed account of your experiences that you can use to prove the consequences of your injury to your life. A lot of people are hesitant to discuss their pain and suffering because they don't want to be seen by others as complaining. But, it's important that you do so in order to be compensated fairly for your accident. A lawyer can assist you collect evidence to show the impact of your injury. This can be done through vignettes or stories that illustrate the way your life was prior to and after the accident.