What Damages Can You Claim in an Accident Lawsuit?

It can be difficult to figure out the amount of damages you're entitled to after a car wreck. A reputable lawyer can assist you navigate the settlement process, and will ensure you receive the appropriate compensation for the short-term and long-term damage.

A lawsuit typically involves filing a complaint and going through a discovery process that could last from a few months to over an entire year. During this period your lawyer will gather medical records, speak with witnesses, and pull crash reports.

Medical Treatment

Medical treatment is a big 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 pain they've endured.

A lot of victims do not seek medical care after an accident due to various reasons. They might be feeling fine at the time or haven't had the confidence to know if they're injured. Perhaps they're in a rush to get home and need to rest after the accident. Regardless of why they do not seek medical attention, this could impact their accident claim.

First doctors are the only person to confirm whether an injury was caused by the accident. A doctor can also identify the injury and devise an appropriate treatment plan. It is crucial to see an expert immediately following a car accident. It's essential to follow-up with any doctor or specialist that is referred, take any prescribed medication, and go to any scheduled follow-up appointment.

Your medical records are scrutinized by insurance companies to determine the severity of your injuries. They may also attempt to make use of them against you, making the argument that an injury you claim to have is actually a pre-existing problem or that it was caused by something other than the accident. This can be avoided by seeing a qualified doctor who knows what to look for and can provide you with the proper documentation.

Additionally, a doctor will determine the length of time your treatment will last and when you'll reach maximum medical improvement (MMI). MMI is a term used to describe a situation that means you have reached the point at which your injury cannot be expected to improve with further treatment but are not expected to be able to recover any further. This will allow your attorney to determine how much compensation are owed for your medical expenses, lost wages, property damage, and pain and suffering. This can be used to increase an settlement for insurance. Accurate and complete medical records can help you to avoid missing deadlines for payments that could have serious financial implications.

Property Damages

Property damage is one type of loss that could be compensated in a lawsuit for an accident. It could be your car that has been damaged or broken at home due to negligence. Document the damage and how much it cost to fix or replace the item. This will allow you to receive fair compensation for your loss. This is where your attorney can help as they negotiate with the insurance company on your behalf to secure you a better settlement.

If they're unwilling to give you a fair offer, your lawyer will file a legal complaint against the responsible party. The document will outline your legal theory regarding the accident, and also explain why their insured is responsible for your injuries under NY law. The defendant or their lawyer will then decide whether to accept or denial of the complaint. They may also seek to shift the blame by bringing an attempt to counter-claim or cross-claim against you.

During the discovery phase, both parties exchange documents and other information in a formal way. This includes written interrogatories and the right to look over the property of the other party, or to hire experts to aid your side in the case. This is an essential aspect of the lawsuit process, as it can uncover facts that the parties did not know about before. This could have a significant impact on the outcome of a lawsuit, especially if the other side is attempting to conceal evidence and/or deny responsibility.

Your Long Island accident attorney will draw on the information collected during this process to create an official letter to be delivered to the insurance company of the at-fault company. This letter will explain the responsibility of the defendant in the accident law firm, why their insured is liable for your losses as per NY law, and request a settlement amount. The insurance company will typically respond with a counteroffer and the negotiation process will begin.

Sometimes the parties can are able to agree to settle the case before trial. This could be a beneficial solution for all parties, especially since trial is an extended and risky process. Most car accident lawsuits are settled outside of court because it is cheaper, quicker and less stressful for all parties.

Lost Wages

You may be entitled to compensation for loss of earnings resulting from your injuries in an accident. This type of compensation can help you return to the financial position you'd have been in if you had not lost work time while recovering. When pursuing this type of compensation, you should be prepared to submit documents that prove your claim. This could include pay slips and tax documents.

It is important to remember that lost wages are part of a larger class of damages known as "economic damages." Economic damages are awarded to compensate you for the costs directly related to your injury or accident. Therefore, lost income is only part of your overall compensation package, which also includes other costs like medical treatment, property damage and pain and suffering.

You'll need proof to prove that you lost your wages. This includes the time that you missed at work due to the accident as well as the injuries you suffered. This could be a letter that includes relevant information, including dates you were unable to work and your current salary and the amount of time you work in a typical week. You can also include documents to support your claim, like bank statements, profit and loss reports, receipts or other financial records.

Your lawyer can review all the documents and information that you have submitted to insurance firms on your behalf and make sure that everything is accurate and exact before submitting a claim for lost wages. This is crucial since if you're not careful, any misstatements in these documents can lead to a denial of the amount of your damages.

A personal injury lawyer will also handle all communication with insurance companies about your claim. This can save you time and energy. Your attorney can engage with insurance companies and present evidence that supports your case, and suggest an fair settlement.

It can be challenging to recover from serious injuries, especially when you need to negotiate with the insurance company. McIntyre Law's legal team can 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

Victims of injuries may seek compensation for pain and suffering which is a non-monetary loss. It refers to any physical and emotional pain or suffering that an accident victim suffers due to their injuries. This is harder to quantify than other damages like medical bills or lost wages and needs to be substantiated by witness testimony and the victim's own declarations.

Pain is the most obvious component of pain and suffering damages, but it can include several other aspects too. It could include any discomfort in your body due to your injury, like bruises or abrasions. It also covers your emotional reactions such as fear and anxiety. It may also be a financial loss for example, the amount that you lose due to your inability to participate in activities you were enjoying prior to your accident.

There are various methods of calculating pain suffering, and the method used will depend on your individual situation. Some insurance companies use the multiplier method, in which your actual damages are counted and then multiplied by a number that depends on the severity of your injury in order to calculate an estimate of your pain and suffering. A judge or jury then makes a decision on the value of pain and suffering.

If you're unsure of how much your pain and suffering is worth, it may be beneficial to consult an attorney for personal injuries. They can assist you to comprehend the various elements of pain and suffer, and provide a detailed description of your experience which you can use as evidence of the impact of the injury on your life.

A lot of people are hesitant to discuss their pain and suffering, as they don't wish to be perceived by others as complaining. However, it's vital to talk about your pain to ensure you get fair compensation for your accident. A lawyer can assist you gather evidence to demonstrate the severity of your injury. This can be done through vignettes or stories that explain how your life was before and after the accident.