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What Types of Damages Can You Claim in a Car Accident Case? If you've been in a car accident you must seek assistance from an attorney as quickly as possible. This will ensure that your case gets resolved quickly and without sacrificing the amount of compensation you require. The first step in your case is to collect all evidence of the incident. These documents can include photographs, police reports and witness statements. Medical Treatment Receiving medical attention right after an accident in the vehicle is among the most important things that a victim should do. Even if the incident was minor and there was no immediate discomfort or pain it is recommended to get examined by a physician. The body reacts to a traumatizing experience, like the crash of a car, with adrenaline and endorphins which make a person feel energetic and alert. These chemicals mask the pain, so a person may appear fine following an accident and not even realize that they are injured until days or weeks later. Whiplash and concussions can take a while to show signs so it's crucial to see an expert doctor right away. If the injury is serious, it is important to see an urgent care center or emergency room doctor. If you have health insurance, many insurance companies will cover a portion of costs of your medical treatment. You'll be accountable for co-pays and any deductibles. Keep a record of each of your doctor's visits. This will allow your attorney to determine the severity of your injuries so that you can be compensated in a fair manner. Medical bills and treatment costs are a major component of damages in personal injury cases. They are an integral part of proving injuries caused by an accident and are a significant component of any settlement or verdict in a case of car accidents. Additionally, medical bills provide a paper trail that your lawyer will use to prove that the medical treatments you received were required to treat the injury you sustained during the car accident. Property Damages Property damage is among the most commonly encountered types of damages you could be liable for in a car accident case. This can include things like your car or home, as well as your possessions. It is important to document damages on your property and vehicles. car accident lawsuit avondale broken or dingy windows. You should also get copies of police reports, witness' names and any other information you require to prove your case. Having photos of all your damages can help you make a complete record of what has happened and how much it will cost to fix. If the damages are too extensive, you may be qualified to make a claim for diminished value, which will give you compensation for the cost of replacing your damaged car. You must also file a claim with your own insurance company for any damage that the insurance of the other driver doesn't cover. Then, you can file a subrogation claim to collect the amount from the insurance of the other driver. In some cases, you can also get compensation for your lost items when they're worth more than their initial cost prior to the incident. This could include expensive smartphones, headphones and laptops. You may also be able to claim compensation for personal belongings that have been damaged in the accident, including designer shoes and handbags sunglasses, as well as booster seats or car seats for children. These are known as non-economic damages, and it's important to have a knowledgeable legal team that understands how to quantify them in a property loss claim. The statute of limitations for filing a claim against property damage is three years in New York, but you should file your claim as soon as you can following the accident to ensure that you do not lose your right to claim. You may not be capable of gathering the evidence required to win your case if your delay is too long. Injuries and damage You may be able to seek damages for medical expenses loss of wages, earning capacity as well as pain and loss when you're injured in a car crash. You could also be eligible for other damages based upon the circumstances of your case. Economic damages are relatively simple to calculate; they can be proven by bills, receipts and other evidence relating to the car accident and the injuries. You can also seek compensation for other damages that are not economic, like the pain and suffering and loss of enjoyment. The damages that result from accidents are typically more intangible than other items however, they can be extremely valuable to victims of car accidents. These damages can be used to pay for a variety such as medical treatment, medications, and home improvements. You can also ask for compensation for any other out of pocket expenses related to the accident. This could include the loss of earnings due to absences from work or travel expenses to and from appointments, and any other financial loss you suffered as a result of the car accident. Loss of wages are particularly important when you are unable to continue working after the accident. A settlement can be made to compensate you for the loss of income. This includes any wages you might have earned, as well as any promotions or bonuses. Other damages that are often awarded in personal injury claims include general damages, emotional distress and loss of affection (also called “loss of consortium”). If the defendant's actions are made with the intention of causing harm you may be able to sue for punitive damages in a few states. Although punitive damages aren't commonly used, they can prove very effective in imposing punishments on the defendant and preventing similar acts in the future. Damages for Pain and Suffering The amount of damage an injured person in a car accident is awarded for pain and suffering can be significant, especially in cases where the injury has resulted in an emotional and mental trauma that is severe. This includes post-traumatic stress disorder (PTSD) as well as anxiety and depression. The first step in calculating damages for suffering and pain is to determine how the incident affected you. Insurance adjusters will look at the four “manifestations of suffering and pain” including physical pain, psychological trauma and financial hardships, as as loss of enjoyment of your life. Utilizing these indicators an attorney will calculate the amount of your pain and suffering. There are two methods to calculate this: one is by using the multiplier method. This involves calculating all economic losses due to the accident, and then multiplying them by a number between 1.5 and five. Another way to estimate your damages for suffering and pain is to use the per diem method, which is similar to the multiplier method but is based on the length of time you were injured. This compensation value assigns a dollar amount for each day you were injured. It's an excellent option if have been suffering from injuries for a long period. You might be able to provide evidence of your pain and suffering in your lawsuit. This could include medical records or a statement from a doctor regarding how extensive treatment was necessary for your injuries. You may also be able to include the testimony from family members and friends. When it comes to determining how the damages for pain and suffering ought to be, a knowledgeable car accident attorney can help you get an appropriate amount. They will analyze your medical records, doctor's opinions and mental health professionals to prove how serious your injury was. Filing a Lawsuit You may be able to start a lawsuit against the driver responsible for your car accident. It's a good way to get the compensation you need to cover medical expenses, pay for lost wages and even cover any permanent impairment that may result from the incident. The process of filing a car accident lawsuit begins with preparing your complaint (also known as the “Claim”). It usually includes a list of names of the defendants accountable for the incident along with a description of the injuries, as well as other pertinent information. Your attorney will then serve the defendant(s) with your Complaint. The defendant(s) will then be served with your Complaint. Sometimes, the defendant may ask the court to dismiss the complaint. Another common response is for defendants to make counterclaims. This is where they defend their actions during the accident and provide reasons the reasons why you shouldn't have the right to sue for the damages they claim. The defendant may offer to settle the case. The amount of settlement you receive will be contingent upon numerous factors including the severity of your injury and the degree of blame of the defendant(s) and whether they are willing to negotiate with or against you. An experienced personal injury lawyer can help 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, analyze its monetary value and ensure that you are in compliance with the laws of your state and locality. Furthermore, a skilled lawyer for car accidents can help you recover the compensation you incurred.