What Types of Damages Can You Claim in a Car Accident Case It is crucial to contact an attorney immediately after you are involved in a collision This will ensure your case is dealt with quickly and you receive the compensation you deserve Gathering all evidence of the incident is the initial step in your case The documents you collect could include photographs, police reports and witness statements Medical Treatment In the aftermath of an accident is among the most important things a victim should do Even if the accident was not serious and there was no discomfort or pain immediately, it is still an excellent idea for the victim to be seen by medical professionals The body reacts to a traumatic event, such as an accident in the car, by producing endorphins and adrenaline that make people feel active and energized These chemicals can mask pain , so people who suffer from an accident, only to realizing they're hurt until weeks or days later Concussions and whiplash can take some time to show signs, so it is important to see an expert doctor right away If the injury is serious it's essential to visit an emergency room physician or urgent care center immediately Most insurance companies will cover some of the cost of your medical expenses If you have health insurance However, https//vimeocom/707152639 will be responsible for paying any co-pays or deductibles Keep a record of all your doctor's appointments This will help your attorney to determine the extent of your injuries to ensure you are able to receive the proper compensation In a personal injury lawsuit medical bills and expenses can be a major element of damages They form an integral part of proving injury caused by an accident They constitute a significant part of any settlement or verdict in a case involving a car accident Additionally, medical bills are a proof that your lawyer can utilize to prove that the medical treatments you received were needed to treat the injuries you suffered during the car accident Property Damages Property damage is among the most common kinds of damage that you could face in the event of a car accident It could be things like your vehicle, your home, and your possessions It's crucial to document damage to your property and vehicles Photograph any damaged windows or dents, and secure copies of police reports, witnesses' names and any other data that you need to prove the case You can build a complete picture of the damage and estimate the cost of fixing it by taking pictures If the damage is too extensive, you may be eligible to make a claim for diminished value, which will give you compensation for the cost of replacing your damaged vehicle You must also submit a claim to your insurance company for any damage that the insurance of the other driver doesn't cover To get the money back from the insurance company of the other driver you can submit a claim of subrogation If your possessions exceed the value at the time of the accident, you may be entitled to compensation This could include expensive headphones, smartphones, and laptops You may also be able to claim compensation for personal items that were damaged by the accident, like designer handbags and shoes, sunglasses, and booster seats or car seats for children These are known as non-economic losses and it is important to work with an experienced legal team that can account for them in a loss to property claim In New York, the statute of limitations for filing a lawsuit for property damage is three years However, it is recommended to make your claim as quickly after the accident as possible so that you can protect your right sue If you wait too long, it can make it harder to win your case and you may not be able to gather the evidence essential to your case Damages and injuries You can seek damages for medical expenses and lost earnings, wages as well as pain and loss when you're injured in a car crash Based on the circumstances of your case you might be able to obtain other types of damages too Economic damages are quite simple to calculate They can be proven by bills, receipts, and other evidence related to the car accident and the injuries Besides these quantifiable losses, you may also seek compensation for other damages that are not economic, like the pain and suffering as well as loss of enjoyment While these damages are more tangible than the other items mentioned, they can be incredibly beneficial to a victim of a car accident These damages can pay for a variety that include medical treatment, medication and home improvement You may also seek compensation for any other out-of cost expenses incurred due to the accident This can include lost wages due to absences from work as well as travel expenses to and from appointments, and any other financial loss that you have suffered as a consequence of the car accident Loss of wages are particularly important when you are unable to continue working following the accident A settlement could be offered to compensate you for the loss of income This includes any wage that you could have earned in addition to any promotions or bonuses Other damages typically awarded in personal injury lawsuits include general damages, emotional distress and loss of affection also known as "loss of consortium" If the defendant acts with an intention to violate safety it is possible to pursue punitive damage in some states While punitive damages aren't often used, they can be extremely effective in imposing sanctions on the defendant and preventing similar acts in the future Pain and suffering The amount of compensation a car accident victim receives for pain and suffering can be significant, especially when the accident has caused significant mental and emotional trauma This includes things like post-traumatic stress disorder PTSD depression, and anxiety The first step in the calculation of damages for suffering and pain is to determine how the accident affected you Insurance adjusters will review the four "manifestations" of pain and suffering that include physical pain, psychological trauma, financial hardships, and loss of enjoyment of life By analyzing these signs, a lawyer will calculate the extent of your pain and suffering There are two ways to calculate this one is through the multiplier method It involves calculating all the economic damages resulted from the accident and multiplying the amount by a number between 15 and 5 Per-diem compensation is another method of calculating damages for suffering or pain It is like the multiplier, however it is determined by the length of time you have been injured This compensation value assigns a dollar amount to each day you were injured It is an option if you have suffered from injuries for a long period You might be able to provide evidence of your suffering and pain in your lawsuit, like medical records or doctor's testimony about the extent of treatment required for your injuries You can also include witnesses from people who know you, like family members or friends When it comes to determining how much your damages for pain and suffering should be, an experienced lawyer can help you obtain an amount that is fair They will examine your medical records, your doctor's opinions, and mental health experts to establish the severity of your injury Filing a Lawsuit If you've been involved in an accident with a car you might want to consider bringing an action against the person who caused the accident It could be a great way to secure the money that you require to cover medical expenses, compensate for lost wages and even cover any permanent disability that could result from the incident The procedure of filing a car accident lawsuit begins with preparing your complaint also known as the "Claim" It typically includes a list or names of the defendants accountable for the incident, a description of your damages , and any other pertinent details Your lawyer will serve your Complaint to the defendants The defendants will then be served with your Complaint Sometimes, the defendant may request that the court dismiss your case Another common response is defendants to plead a counterclaim This is when they defend their actions during the accident and argue why you shouldn't be allowed to sue for the damages they claim A final form of response is for the defendant to offer an offer of settlement The settlement amount you receive will depend on a variety of variables, including how much damage you sustained, the amount of responsibility of the defendants, and whether they're willing negotiate with you or not A seasoned personal injury lawyer can assist you if you have been involved in an accident which caused you to be injured They can help you understand the legal requirements of your case, assess its monetary value, and ensure you're in compliance with the laws of your state and locality Furthermore, a skilled car accident lawyer can also help you recover the compensation you incurred