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What Damages Can You Claim in an Accident Lawsuit?
It isn't always easy to determine the amount of compensation you're entitled following a car accident. A good lawyer can assist you in the settlement process and ensure you get the proper compensation for your short- and long-term losses.
A lawsuit usually involves filing a complaint and then going through a process of discovery that can last a few months to a year. During this time your attorney will gather medical records, talk to witnesses and pull reports on crashes.
Medical Treatment
Medical treatment is a major part of most accident lawsuits. Victims of injuries require medical documents and bills to prove their injuries, that the accident caused them, and the extent of suffering they've suffered.
Many victims will not seek medical attention after an accident for various reasons. Perhaps they are feeling fine at the time, or they aren't certain if they have an injury. Or maybe they're rushed to home and want to rest after the accident. Whatever the reason they choose to not seek medical attention, this could affect their accident claim.
First first, a doctor is the only person to verify whether an injury was caused by an accident. They can also determine the cause of an injury and devise a treatment plan. This is why it's important to see a physician right after a car accident. It's also important to follow up with any doctors or specialists that are recommended, take any prescribed medications and make sure you attend any follow-up appointments scheduled.
Insurance companies will scrutinize your medical records to determine the severity of your injuries. They might attempt to make use of your medical records against you, and argue that the injury occurred due to something else other than an accident. You can avoid this by ensuring that you see a qualified doctor who knows what to look for and will give you with the appropriate evidence.
Furthermore, a doctor is able to determine the length of time your treatment will last as well as when you will reach maximum medical improvement (MMI). MMI is the term used to describe a point in your recovery where you are likely to not recover any further. This will assist your attorney determine the amount of compensation you are entitled to for your medical expenses loss of wages, property damage, and the pain and suffering. This can be used to boost an settlement for insurance. Correct and complete medical records can also assist you avoid missed deadlines for payment that could have serious financial implications.
Property Damages
Property damage is a form of loss that could be compensated in an accident lawsuit. It could be your car that has been damaged or the broken items that are at home due to negligence. Document the damage and how much it will cost to fix or replace the item. This will allow you to receive fair compensation for the loss. Your lawyer can assist in this regard, as they will negotiate on your behalf with the insurance company to negotiate a more favorable settlement.
If they're unable to give you a fair offer, your lawyer will file a legal complaint against the party at fault. This document will explain your legal theory regarding the accident and also explain the reason why their insurer is responsible for any injuries you sustained under NY law. The defendant or their lawyer will respond to the complaint either by accepting or denial. In certain cases they may also attempt to shift blame by launching a counterclaim or cross-claim against you.
During the discovery phase, both parties will exchange documents and other information in a formal manner. This includes written interrogatories, Accident Attorneys the right to inspect the property belonging to the other party, and hiring experts to support your side of the case. This is an essential aspect of the lawsuit process because it could reveal information that either side didn't know about prior to. This could have a major impact on the result of a case, particularly if the other party is trying to hide evidence and/or claim any responsibility.
Your Long Island accident lawyer will use the information collected from this process to draft a letter to be sent to the insurance company of the party at responsible for the accident. This letter will explain the responsibility of the defendant in the accident, as well as explain why their insured is accountable for your damages as per NY law, and Accident lawsuits demand a settlement amount. The insurance company will usually respond with a counteroffer and the negotiation process will begin.
Sometimes, both parties agree to settle the case prior to trial. This is a great solution for everyone involved particularly since trial can be an extremely long 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 able to claim compensation for lost wages that result from your injuries. This kind of compensation could assist in putting you back into the financial position that you would have been in if you didn't have missed time from work as you recovered. When seeking this type of compensation, you should be prepared to submit documents to support your claim. This could include pay slips and tax documents.
You must be aware that lost wages comprise of a broad category of damages known as "economic damages". Economic damages are paid in order to pay for costs directly relating to your accident or injury. Loss of income is only one part of your total compensation package. Other expenses, such as medical expenses and property damage are also covered.
In order to prove the loss of your wages, you'll be required to provide documentation of how long you missed from work as a direct result of the accident as well as your resulting injuries. This could be a letter from your employer that includes pertinent information, such as the dates on which you missed work, your current wage level and the number of hours you work a week. It is also possible to include other documents that support your claim, like bank statements or profit and loss reports and receipts, as well as other financial data.
Your attorney can review all the documents and information submitted to insurance companies on your behalf and make sure that everything is correct and exact before submitting a claim for lost wages. This is important because if you are not careful, any misstatements in these documents could lead to a denial of the amount of your damages.
A personal injury attorney can manage all communications with insurance companies concerning your claim. This could save you time and energy. Attorneys can bargain with insurance companies and present evidence to support your case and propose an equitable settlement.
The entire process of obtaining compensation the costs of your accident-related injuries can be a daunting task, especially when you are trying to recover from serious injuries. McIntyre Law's legal department will assist you in dealing directly with the insurance company of the responsible party, file a suit if necessary, and seek compensation for lost wages.
Pain and Suffering
Pain and suffering is a form of non-monetary damage that an injured victim can seek compensation for. It includes any physical and emotional distress or discomfort an accident victim suffers as a result of their injuries. This is more difficult to quantify than other damages like the cost of medical bills or lost wages and requires more substantiation through witness testimony and the victim's own declarations.
Pain is the most obvious element of suffering and pain damages. However, it can be a part of other things. It could refer to any discomfort you feel in your body caused by injury, such as abrasions or bruises. It also covers your emotions such as fear and anxiety. It can also mean the result of a loss of income for instance, the loss of money due to the fact that you aren't able to participate in the things you loved prior to your accident.
There are many different methods of calculating pain suffering and the method you choose to use will depend on your individual situation. Some insurance companies use the multiplier method. The damages you incur are then tallied and multiplied by a number determined by the severity of your injury to calculate your suffering and pain. A judge or jury will then make a decision regarding the value of your pain and suffering.
It might be beneficial to consult with an attorney if you aren't sure about the worth of your suffering and pain. They can help you understand the various aspects of pain and suffering and give a full description of your experience that you can prove the consequences of your injury to your life.
Often, people are hesitant to talk about their pain and suffering since they don't want to be viewed as complainers however it is crucial that you do this if you are trying to get fair compensation from your accident. Lawyers can help you gather evidence to demonstrate the impact of your injury. This includes vignettes or stories that demonstrate how your life was prior to and after the accident.