What Damages Can You Claim in an Accident Lawsuit It isn't always easy to determine what damages you're entitled to following a car crash A good lawyer will help you to navigate the settlement process and ensure that you get the right compensation for both the short-term and long-term damage A lawsuit typically involves filing a claim and going through a process of discovery which can run between a few weeks and more than one year During this period the attorney will collect medical records, talk to witnesses, and obtain crash reports Medical Treatment The majority of accident lawsuits involve medical treatment Victims who have suffered injuries need medical records and bills to prove their injuries, that the accident caused them, and how much suffering they've endured Many victims will not seek medical attention following an accident due to many reasons They might not feel well in the moment, or they may not have certain if they are injured Or maybe they are eager to get home and would like to rest Whatever the reason, if they fail to consult a physician this could impact their claim to compensation for the accident A doctor is the only one who can verify that the injury was caused by the accident They are also able to diagnose injuries and formulate an appropriate treatment plan This is why it's important to consult a doctor immediately following a car crash It's also important to follow-up with any specialists or doctors who are referred to, use any prescribed medication and keep any follow-up appointments scheduled Insurance companies will review your medical records to see the severity of your injuries They could also apply them against you by making the argument that an injury you say you have is actually a pre-existing condition, or the injury was caused by something other than the accident This is a possibility when you consult a doctor who knows what to look for and can provide you with the proper documentation A doctor can also decide the length of your treatment and when you'll achieve maximum medical improvement MMI is the term used to describe a stage in your recovery at which it is unlikely that you will recover any further This allows your attorney to calculate the amount of compensation you are entitled to for medical expenses, lost wages, and property damage This can be used to increase the value of an settlement for insurance Accurate and complete medical records can also help you avoid missing deadlines for payments that could result in serious financial penalties Property Damages Property damage is just one kind of loss that an accident lawsuit can compensate you It could be your car that is damaged or broken in your home because of negligence It is crucial to record the damaged items and the amount it would cost to repair or replace them, because it will allow you to receive a fair amount of compensation for your loss Your lawyer can assist you in this regard, as they can negotiate on your behalf with the insurance firm to negotiate a greater settlement If they don't give you an offer that is reasonable your lawyer will file legal claims against the party responsible The document will outline your legal reasoning behind the incident and explain why their insured is liable for your injuries under NY law The Defendant or their attorney will then decide whether to accept or denial of the charge In certain cases, they will 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, the right look over the property of the other party or hire experts to help your side of the case This is an essential part of the litigation process because it may reveal information that neither party knew about before This could have a significant impact on the outcome of a case, especially if the other side is trying to hide evidence and/or refuse to accept any responsibility Your Long Island accident lawyer will utilize the information gathered from this process to draft an official letter to be addressed to the insurance company of the party at responsible for the accident This letter will explain that the defendant is responsible for the accident, why their insured is responsible for your damages as per NY law, and ask for a settlement amount The insurance company will usually respond with a counteroffer and the negotiation process will begin Sometimes there is a time when both parties decide to settle a matter prior to the trial This could be a beneficial solution for everyone involved, particularly since trial can be an extremely long and risky process 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 could be entitled to compensation for lost wages due to your injuries in an accident This type of compensation may aid you in regaining the financial position you'd have been in if you hadn't lost work time while recovering When seeking this type of claim, you must be prepared to provide documents that prove your claim This can include paystubs as well as profit and loss statements, tax documents, receipts or other financial records It is important to remember that lost wages are as part of a broad category of damages, referred to as "economic damages" Economic damages are paid to compensate you for expenses directly resulting from your accident and injury Therefore losing income is only one component of your overall compensation package, which includes other costs such as medical treatment, property damage, and suffering and pain In https//vimeocom/709406922 to prove the loss of your wages, you will need proof of how long you were absent from work as a direct result of the accident, as well as your resulting injuries This may include a letter from your employer that includes relevant information, including the dates on which you missed work and your current wage and how many hours you work each week You may also include other documents such as receipts of profit and loss accounts bank statements, or any other financial information that can support your claim Your attorney will review the documents and other information you send to insurance companies to ensure that all information is correct and complete before you file a claim for lost wages This is essential since if you're not careful, any mistakes in these documents can cause a denial for the amount of your damages An attorney for personal injury can handle all communications with insurance companies regarding your claim This could help you save time and energy Your lawyer can bargain with insurance companies, present evidence that supports your case, and suggest an fair settlement The entire process of recovering for your injuries from an accident can be a daunting task, especially when you're trying to recover from serious injuries McIntyre Law's legal team will help you deal directly with the insurance company of the responsible party take legal action if needed, and seek compensation for lost wages Pain and Suffering Victims of injuries can seek compensation for pain and suffering, which is not a monetary amount It refers to any physical and emotional discomfort or distress that the victim of an accident experiences due to their injuries This is more difficult to quantify than other damages such as medical bills or lost wages This is why it requires more proof through witness testimony as well as the victim's personal statements Pain is the most obvious aspect of pain and suffering damages however, it can encompass several other aspects too It could cover any discomfort that you feel in your body due to your injury, which includes abrasions and bruises It also covers your emotional state, such as anxiety, fear, and depression It can also refer to the loss of income, for example the loss of money because you aren't able to participate in the things you loved prior to your accident There are many ways to calculate the amount of suffering and pain The method you use will depend on the specifics of your situation Some insurance companies use the multiplier method, in which the amount of damages you incur are measured and then multiplied by a number based on the severity of your injury to arrive at an estimate of your pain and suffering A jury or judge will then make a final decision regarding the value of your suffering and pain It could be beneficial to speak with an attorney if are unsure of the value of your suffering and pain They can help you to understand the different elements of suffering and pain and provide a thorough description of your experience which you can use as evidence of the impact of the accident on your life A lot of people are reluctant to discuss their pain and suffering because they don't want to be perceived as complainers However, it is vital to be honest if you are trying to get fair compensation from your accident A lawyer can assist you collect evidence to show the severity of your injury This can be done through vignettes or stories that illustrate the way your life was prior to and after the accident