Blogs
on June 26, 2024
What Damages Can You Claim in an Accident Lawsuit?
Following a car accident, it can be difficult to understand what damages you're entitled to. A lawyer with experience can help you navigate the settlement process and ensure that you are compensated for your long-term and short-term loss.
A lawsuit usually involves filing a complaint, and then going through a process of discovery which can last anywhere from a few months to over a year. During this period, your attorney will collect medical records, interview witnesses, and pull reports of crashes.
Medical Treatment
Medical treatment is an integral part of most accident lawsuits (linked here). The injured victims require medical bills and records to show their injuries, the extent to which the accident caused them, and the extent of suffering they've endured.
However, a lot of victims do not seek medical attention following an accident due to various reasons. Perhaps they feel well at the time or aren't sure they have an injury. Perhaps they're in a rush to get home, and want to rest. Regardless of why they do not see a doctor, this could result in a problem for their claim for compensation.
First an ophthalmologist is the only one who can verify whether an injury was caused by an accident. They can also identify an injury and create an treatment plan. This is why it's so important to see a physician immediately following a collision. It is also crucial to follow up with any doctors or specialists that are referred to, use any prescribed medication, and attend all follow-up appointments that are scheduled.
Your medical records will be reviewed by insurance companies to determine the severity of your injuries. They may try to use your medical records against you, and argue that the injury was caused by something other than an accident. This can be avoided when you consult a doctor who knows what to look for and will give you the correct documentation.
Moreover, a doctor can determine the length of time the treatment will last and when you'll reach maximum medical improvement (MMI). MMI indicates that you have reached the level at which your injury is expected to improve with additional treatment, but you aren't likely to improve any further. This will help your attorney determine how much compensation you are entitled to for medical expenses, lost wages, property damage, and suffering. This could be used to increase the value of an settlement from an insurance company. Having complete and accurate medical records can help you avoid missing deadlines for payment that could result in serious financial implications.
Property Damages
Property damage is a type of loss that could be covered in a lawsuit over an accident. This could include your vehicle being damaged or other items in your home that have been damaged because of another's negligence. It is crucial to record the items damaged and the amount it would cost to repair or replace them, since this can help you receive an appropriate amount of money for your loss. This is where your attorney can assist to negotiate with the insurance company on your behalf, aiming to get you a greater settlement.
If they're unwilling to offer you a fair offer Your lawyer will file a complaint against the person at fault. This document will outline your legal theory about the accident, and the reason their insurer is responsible for any injuries that you sustain under NY law. The defendant or their lawyer will respond to the complaint either by accepting it or denouncing it. They may also try to shift the blame by making a cross-claim or counter-claim against you.
During the discovery stage, both parties exchange documents and other information in a formal way. This includes written interrogatories, the right examine the property of the other party, and hiring experts to aid your side in the case. This is a crucial aspect of the litigation process as it could reveal information that neither party was aware of before. This can have a significant impact on the outcome of a case particularly if the opposing party is trying to hide evidence or refuse to accept any responsibility.
Your Long Island accident lawyer will use the information obtained from this process to compose the letter that will be sent to the insurance company of the party who is at blame. The letter will clarify that the defendant is responsible for the accident, as well as explain why their insured is responsible for your damages according to NY law, and then demand a settlement amount. The insurance company will typically respond with a counteroffer, and the negotiation process will begin.
Sometimes there is a time when both parties agree to settle a case before the trial. This can be an excellent solution for all parties, particularly because trial is a long and risky process. 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 may be entitled to compensation for lost earnings resulting from the injuries you sustained in your accident law firms. This kind of compensation could help you return to the financial position you'd have been in if you had not been able to work as you recovered. You must be prepared to submit documents to prove your claim when you pursue this type of claim. These documents could include pay stubs and tax documents.
It is important to keep in mind that lost wages are considered as a part of a broad category of damages called "economic damages." Economic damages are awarded to pay for expenses directly related to your injury or accident. Therefore the loss of income is just one aspect of your overall compensation package, which also includes other costs such as property damage, medical treatment, and suffering and pain.
To prove the loss of wages, you'll require documentation of the amount of time you missed from work as a direct result of the accident, as well as your resulting injuries. This could be in the form of a letter that includes relevant information, including dates you were unable to work as well as your current salary and the amount of time you work per week. You can also include documents to support your claim, such as bank statements or profit and loss reports, receipts or other financial information.
Your attorney will review all the documents and other information you provide to the insurance companies on your behalf. They will ensure that everything is completely correct prior to filing a claim for the loss of wages. This is crucial because if you're not careful, any errors in these documents can lead to a denial of this portion of your damages.
A personal injury lawyer will also handle all communication with insurance companies regarding your claim. This can save you valuable time and energy. Your lawyer can bargain with insurance companies provide evidence that supports your case, and suggest an fair settlement.
It can be challenging to recover from serious injuries, especially when you must deal with the insurance company. McIntyre Law's legal team can help you deal directly with the insurance company of the responsible party. file a suit if necessary and seek compensation for lost wages.
Suffering and Pain
Victims of injuries can seek compensation for pain and suffering which is a non-monetary loss. It includes any physical and emotional distress or discomfort an injured victim suffers as a result of their injuries. This is harder to quantify than other damages, such as expenses for medical treatment or lost wages This is why it requires more evidence from witnesses testimony and the victim's own statements.
Pain is the most obvious part of suffering and pain damages. However, it may also include other things. It could refer to any discomfort you feel in your body caused by injury, such as bruises or abrasions. It also covers your emotional reactions like anxiety and fear. It could also be a financial loss, like the amount you lose due to your inability to participate in activities you were enjoying prior to your accident.
There are various methods for calculating pain and suffering, and the method used will depend on your particular circumstances. Some insurance companies use the multiplier method, in which your actual damages are counted and then multiplied by a figure that is based on the severity of your injuries to determine an estimate of your suffering and pain. A judge or jury will then make a decision on the amount you should be paid for your suffering and pain.
If you aren't sure the value of your pain suffering is worth, it could be beneficial to consult an attorney for personal injury. They can help you to understand the different elements of suffering and pain and provide a thorough description of your experience that you can use as evidence of the impact of your injury on your life.
Often, people are hesitant to speak about their pain and suffering as they don't want be perceived as complainers However, it is vital to be honest in order to get fair compensation for your accident. An attorney can help collect evidence to show the impact of your injury. This includes vignettes or stories that show the way you lived your life prior to and after the accident.