What Damages Can You Claim in an Accident Lawsuit? Following a car accident it can be difficult to determine what damages you are entitled to claim. A competent lawyer can help you navigate the settlement process and will ensure you receive the appropriate compensation for both your short-term as well as long-term losses. A lawsuit usually involves filing a lawsuit and going through a discovery process which can last anywhere from a few months or more than a year. During this time the attorney will collect medical records, talk to witnesses, and collect reports on crashes. Medical Treatment Most lawsuits for accidents involve medical treatment. The reason for this is that injured victims need medical bills and records to prove that their injuries are real, were caused by the accident, and how much they've suffered. Many victims will not seek medical attention after an accident for different reasons. They might have felt fine in the moment, or they may not have was sure if they were injured. Perhaps they're in a hurry to get home, and want to take a break. Whatever the reason they don't see a doctor, it could affect the claim for their accident. First an ophthalmologist is the only person who can determine if an injury caused by the accident. They can also determine the cause of an injury and develop the treatment plan. This is why it's so important to see a physician right after a car accident. It's important to follow-up with any specialist or doctor who are referred to you, take any prescribed medication, and go to any scheduled follow-up appointment. Insurance companies will review your medical records to see how serious your injuries are. They could also make use of them against you, arguing that an injury you claim you suffer is an actual pre-existing condition or the injury was caused by something other than the accident. This is a possibility when you consult a doctor who is aware of what to look for and will give you the correct evidence. A doctor can also establish the duration of your treatment and the time you'll be at the point of maximum medical improvement. MMI is the term used to describe an area of your recovery at which you are unlikely to recover 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 could be used to increase the value of an settlement from an insurance company. Being able to have accurate and complete medical records can help you avoid missing any deadlines for payments which could have severe financial implications. Property Damages Property damage is a type of loss for which an accident lawsuit could pay you. It could be your vehicle that is damaged or damaged items at home due to negligence. It is important to note the items that were damaged and the cost to repair or replace them, since this can help you receive an appropriate amount of money for your losses. This is where an attorney comes in as they negotiate with the insurance company on your behalf, aiming to get you a larger settlement. If they're unwilling to accept a fair offer, your lawyer will file a legal complaint against the at-fault party. The document will outline your legal theory regarding the accident and why the insured is responsible for your injuries under NY law. The Defendant or their lawyer will then respond to the complaint by accepting it or denouncing it. In some instances they may also try to shift blame by launching an attempt to counter-claim or cross-claim against you. During the discovery process in the discovery process, both parties exchange information and documents in a formal manner. This includes writing questions (called interrogatories) and the right to examine another parties' property or employ experts to support their side of the story. This is an essential aspect of the lawsuit process and can reveal information that either side didn't know about prior to. This could make a huge difference in the outcome of your case particularly if the other side is trying to hide evidence or wrongfully refuse to accept the guilt. Your Long Island accident attorney will utilize the information gathered during this process to write an official letter to be delivered to the insurance company of the at-fault company. The letter will outline the defendant's responsibility for the accident and also explain why their insurer is accountable for your damages under NY law, and ask for a specific amount to settle. The insurance company will usually respond with a counteroffer, and the negotiation process will begin. Sometimes, both parties will agree to settle the dispute prior to trial. This is an ideal solution for all parties, particularly because trial is a lengthy and risky procedure. The majority of car accident lawsuits are settled outside of court, as it is less expensive, quicker and less stressful for all parties. Lost Wages You may be able to claim compensation for lost wages resulting from your injuries. This kind of compensation can help put you back in the financial situation you could have been in if you hadn't missed a day from work as you recovered. If you are seeking this type of damages, you must be prepared to submit documents that prove your claim. These documents could include pay stubs and tax documents. It is important to remember that lost wages are considered as a part of a broad category of damages called "economic damages." Economic damages are awarded to compensate you for the costs directly related to your injury or accident. Therefore losing income is only one component of your overall compensation package, which includes other costs like property damage, medical treatment as well as suffering and pain. You'll need proof to prove your loss of wages. This is the time you have missed at work due to the accident as well as the injuries you sustained. This may include a letter from your employer, which includes pertinent information like the dates you missed from work, your current wage level and how many hours you usually work in the week. You can also attach documents like receipts as well as profit and loss reports, bank statements or other financial data that supports your claim. Your attorney can review the documents and data you send to insurance companies and make sure that all information is correct and complete before you file a 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 portion. A personal injury lawyer can manage all communications with insurance companies about your claim. https://vimeo.com/709638593 can help you save time and energy. Your lawyer can negotiate with the insurance companies, provide the evidence supporting your case and negotiate a settlement that is fair to you. The entire process of obtaining compensation for your accident injuries can be a daunting task, especially when you're trying to recover from severe injuries. McIntyre Law's legal staff 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 Pain and suffering is a form of non-monetary damages that an injured person can seek compensation for. It refers to any physical and emotional distress or discomfort an accident victim suffers due to their injuries. This is more difficult to quantify than other damages such as the cost of medical bills or lost wages This is why it requires more proof through witness testimony and the victim's statements. Pain is the most obvious element of suffering and pain however, it can encompass numerous other elements as well. It can cover any discomfort you experience in your body as a result of the injury, such as abrasions and bruises. It also covers your emotional reactions like anxiety and fear. It may also be a financial loss for example, the amount that you miss out on due to your inability to engage in activities that you enjoyed before your accident. There are different methods to quantify the amount of suffering and pain. The method you use will depend on the specific circumstances 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 that depends on the severity of your injury to arrive at an estimate for your pain and suffering. A jury or judge decides on the worth of suffering and pain. It might be beneficial to speak with an attorney if you are unsure of the value of your pain and suffering. They can assist you in understanding the various elements of suffering and pain and also provide a detailed description of your experience that you can use to prove the impact of your accident on your life. Most people are reluctant to talk about their suffering and pain because they don't want be viewed as complaining It is important to do this if you are trying to receive fair compensation for your accident. A lawyer can assist you gather evidence to demonstrate the severity of your injury by putting together vignettes and stories that show your life before and after the accident.