It can be difficult to determine the amount of damages you're entitled to following a car crash. 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 typically involves filing a claim and going through a discovery process which can run between a few weeks and more than a year. During this time, your lawyer will gather medical documents, interview witnesses, and gather reports on crashes.
Medical Treatment
Medical treatment is an integral part of most accident lawsuits. Victims who have suffered injuries need medical documents and bills to prove their injuries, the damage the accident compensation claims caused them, and how much pain they have suffered.
But, a lot of people do not seek medical attention after the incident for various reasons. They might be feeling fine at the moment or not been sure if they were injured. Or maybe they are eager to get home, and are looking to relax. Whatever the reason, if they fail to consult a physician, it could affect their accident claim.
First, a doctor is the only person who can confirm whether an injury was caused by an accident. A doctor can also determine the cause of the injury and develop an action plan. This is why it's so important to visit a doctor immediately following a collision. It's also essential to follow up with any doctor or specialist that are recommended, use any prescribed medication and make sure you attend all follow-up appointments scheduled.
Insurance companies will look at your medical records to see the severity of your injuries. They may try to use your medical records against you, arguing that the injury you have was caused by something other than an accident. You can avoid this by ensuring that you see a qualified doctor who is aware of what to look for and will give you with the proper documentation.
A doctor can also establish the length of your treatment and when you'll achieve maximum medical improvement. MMI is a term that means you have reached the point at which your injury cannot be expected to improve with additional treatment, but you aren't likely to improve any further. This can help your attorney calculate how much compensation you are entitled to for medical expenses as well as lost wages, property damage, as well as suffering and pain. This can be used to boost an settlement from an insurance company. Complete and accurate medical records can also assist you in avoiding missing the deadline for payment that could result in serious financial implications.
Property Damages
Property damage is a type of loss that an accident lawsuit can be compensated. It could be your vehicle that is damaged or damaged items in your home due to negligence. It is important to document the damaged items and the cost to repair or replace them, as this can help you get an adequate amount of compensation for your losses. This is where an attorney can help to negotiate with the insurance company on your behalf, aiming to get you a larger settlement.
If they're unwilling to offer you a fair offer, your lawyer will file a legal complaint against the party at fault. This document will detail your legal explanation of the incident and explain why their insured is responsible for your injuries under NY law. The defendant or their lawyer will then respond to the complaint either by either accepting it or refusing to accept it. In certain cases, they will also attempt to shift blame by making an attempt to counter-claim or cross-claim against you.
During the discovery process, both sides will exchange documents and information in a formal way. This includes written interrogatories and the right to inspect the property belonging to the other party, or to hire experts to support your side in the case. This is an important part of the litigation process as it could reveal information neither party knew about prior to. This could make a huge difference in the outcome of your case especially if the other party is trying to hide evidence or dismiss the responsibility.
Your Long Island accident attorney will use the information gathered from this process to draft an official letter to be delivered to the at-fault party's insurance company. The letter will clarify the Defendant’s liability for the accident, explain why their insured is responsible for your damages under NY law, and accident claim then ask for a settlement amount. The insurance company will usually respond with a counteroffer, and the negotiation process will begin.
Sometimes it is the case that both parties agree to settle a dispute before the trial. This is an ideal solution for all parties, particularly because trial is a lengthy and risky process. Most car accident lawsuits are settled out of court because it's cost-effective, faster and less stressful for everyone involved.
Lost Wages
You could be eligible to receive compensation for lost wages that result from your accident injuries. This type of compensation can help you get back into the financial position that you could have been in if you did not have to miss time from work as you recovered. You must be prepared to submit documents to prove your claim when pursuing this type. These could include paystubs as well as profit and loss statements and tax receipts, or other financial information.
It is important to note that lost wages are considered as part of a broad class of damages known as "economic damages." Economic damages are paid to compensate you for expenses directly connected to your accident attorneys and injury. The loss of income is only one element of your compensation package. Other expenses, such as medical expenses and property damage, are also included.
To prove the loss of wages, you will need to have the documentation of how much time you were absent from work as a direct consequence of the accident as well as your resulting injuries. This could be a letter from your employer which contains relevant information, including the dates you were absent from work, your current wage level and the number of hours you work every week. You may also attach documents to prove your claim, such as bank statements reports on profit and loss receipts, or other financial information.
Your lawyer can review all the documents and data submitted to the insurance companies on your behalf. They will ensure that everything is complete and exact before submitting a claim for lost wages. This is crucial because if you're not careful, any mistakes in these documents could cause a denial for the amount of your damages.
A personal injury lawyer will also manage all communications with insurance companies about your claim, which could save you valuable time and energy. Your lawyer can negotiate with insurance companies, provide the evidence that supports your claim and propose a settlement that is fair to you.
The entire process of obtaining compensation for your accident injuries can be a daunting task, especially when you are trying to recover from severe injuries. The legal team at McIntyre Law will help you get in touch with the responsible party's insurance provider or file a lawsuit, when necessary, and seek compensation for your lost wages.
Pain and Suffering
Pain and suffering is a type of non-monetary loss that the injured victim may seek compensation for. This includes any emotional or physical discomfort the victim experiences as a result. This is harder to quantify than other damages such as lost wages or medical bills This is why it requires more substantiation through witness testimony as well as the victim's personal declarations.
Pain is the most obvious element of suffering and pain, but it can include various other aspects as well. It could include any discomfort that is caused by injury, for instance, bruises or abrasions. It also covers your emotions such as anxiety and fear. It could also be the loss of income such as the money you lose because you aren't able to perform the things you loved prior to your accident.
There are many ways to calculate the amount of pain and suffering. The method you decide to use will depend on the specifics of your situation. Certain insurance companies employ the multiplier method, in which the actual damages you suffer are weighed and then multiplied by a number that is based on the severity of your injury in order to calculate an estimate for your pain and suffering. A jury or judge makes a final decision about the value of pain and suffering.
If you aren't sure how much your pain and suffering is worth, it may be beneficial to consult an attorney who specializes in personal injury. They can help you understand the various elements that contribute to pain and suffering and also give a full description of your experience that you can demonstrate the impact of your injury on your life.
Many people are reluctant to discuss their pain and suffering, as they don't want 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 could include vignettes or stories that show how your life was prior to and after the accident.
