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What Types of Damages Can You Claim in a Car Accident Case? It is important to contact an attorney right away after you've been involved in a crash. This will ensure your case is dealt with quickly and you are awarded the compensation you are entitled to. The first step in your case is to collect all evidence from the accident. This could include photos as well as police reports, witness statements, and medical records. Medical Treatment The victim of a car crash must seek medical attention immediately following the accident. Even if the accident was not severe and there was no pain or discomfort immediately, it's a good idea for victims to see medical professionals. The body reacts to a traumatizing event, like an accident in the car, by producing adrenaline and endorphins, which makes people feel more active and energized. These chemicals can mask pain , and people may feel fine following an accident, but not realize they are hurt until days or weeks later. Concussions and whiplash may take a while to show symptoms so it's crucial to see an expert doctor right away. If the injury is severe, it is important to immediately visit an urgent care center or emergency room doctor. Most insurance companies will pay part of your medical treatment when you have health insurance. However, you will be responsible for any co-pays or deductibles. You should also ensure to keep a record of your doctor's appointments. This will assist your attorney determine the extent of your injuries and help ensure that you get the right amount of compensation for them. Medical bills and treatment expenses are a huge part of the damages in a personal injury case. They form an integral component of proving that an injury was caused by an accident. They are an essential part of any settlement or verdict in a car accident case. Medical bills can be used as a trail that your lawyer can use to prove that the medical treatments you received were required to treat the injuries you sustained in the car accident. Property Damages One of the most common types of damage that you can encounter in a car crash is property damage. It could be things like your vehicle as well as your home and your belongings. It is crucial to document any damage to your property, which includes vehicles. Photograph any damaged or dents on windows. Also, get copies of police reports, witnesses names and any other information you need to prove your case. You can make a comprehensive picture of the damage and estimate the cost of fixing it by snapping photos. If the damages are too large, you might be eligible to file a claim to recover the diminished value, which would give you compensation for the cost of replacing your damaged vehicle. If you experience any damages that aren't covered by the insurance of the other driver, submit a claim to your insurance company. Then, you can file a subrogation claim to recover the funds from the other driver's insurance. If your belongings have value that is greater than the initial cost following an accident, you could be entitled to compensation. This could include things like smartphones, laptops or even expensive headphones. You may also seek compensation for personal belongings that have been damaged in the accident, for example, designer shoes and handbags or sunglasses, as well as booster seats or car seats for children. These are known as non-economic damage and it's essential to work with a seasoned legal team that is able to quantify these in a property damage claim. The time limit for filing a claim against property damage is three years in New York, but you should file your claim as soon as you can after the accident to ensure that you don't lose your rights to sue. It is possible that you won't be able to gather the evidence you need to win your case if you put off filing too long. Injuries and damage If you were injured in an automobile accident you may be able to seek compensation for damages that include medical expenses loss of wages or earning capacity, pain and suffering, and property damage. Depending on the nature of your case you might be able to recover other damages too. It is easy to calculate the economic damage. You can prove it with receipts, bills, and other evidence that is related to the car accident and your injuries. In car accident law firm denton to these measurable losses, you may also be able to claim non-economic damages, such as the loss of pain and suffering, as well as loss of enjoyment. These damages are usually more intangible than other items, but they can still be very valuable for the victims of car accidents. These damages can pay for a range of things that include medical treatment, medication and home improvement. Additionally, you may claim compensation for any other out of pocket costs resulting from 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 were able to suffer as a result the car accident. If you're unable to work due to an accident, the lost wages are of particular importance. Settlements can be made to pay for the loss of income. This includes any wage you might have earned and any promotions or bonuses. Other damages commonly granted in personal injury cases include general damages, emotional distress and loss of affection (also called “loss of consortium”). If the defendant acts with the intention of causing harm you may sue for punitive damages in certain states. This kind of punitive damages is not common, but it can be an effective method to punish the defendant, and also deter similar actions from happening in the future. Damages for Pain and Suffering A car accident victim can be awarded significant compensation for suffering and pain, especially when the accident has had an extreme mental or emotional impact. This includes post-traumatic stress disorder (PTSD) and anxiety and depression. The first step in the calculation of damages for suffering and pain is to determine how the incident affected you. Insurance adjusters look at the four “manifestations of pain and suffering” which include physical trauma, psychological trauma and financial hardships, as as loss of enjoyment of your life. These signs will enable a lawyer to calculate the amount of your suffering. There are two methods to calculate this: one is by using the multiplier method, which involves calculating all economic damages due to the accident, and then multiplying the amount by a number between 1.5 and five. Per-diem compensation is another method of calculating damages for pain or suffering. It is like the multiplier, however it is determined by the length of time you have been injured. This kind of compensation is typically determined by a dollar amount to each day that you were injured, and is a good option if your injuries have been ongoing for a long time. You might be able to provide evidence of your suffering and pain in your lawsuit. This could include medical records, or testimony from a doctor regarding how much treatment was required to treat your injuries. It is also possible to include testimony from family members and friends. When it comes to determining how much your damages for pain and suffering should be, a seasoned attorney for car accidents can assist you get an appropriate amount. They will look over your medical records, doctor's opinions and mental health professionals to establish the severity of your injuries. Filing a Lawsuit You may be able to make a claim against the driver who caused your car crash. This can be a great option to secure the compensation you'll need for medical expenses, lost wages and any permanent disability. The process of filing a vehicle accident lawsuit begins with preparing your complaint (also called the “Claim”). It usually includes a list or names of the defendants accountable for the incident and a description of your damages , and any other pertinent details. 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 request that the court drop your complaint. Another common response is for defendants to plead a counterclaim. This is when they defend their actions in the accident and provide reasons the reasons why you shouldn't have the right to pursue the damages they claim. The defendant might offer to settle the case. The settlement amount you get will depend on a variety of factors including the amount of damage you suffered, the level of blame of the defendant(s) and whether they're willing to negotiate with you or not. If you've been injured in an automobile accident it is crucial to seek the help you need from a professional personal injury lawyer. They can help you understand the legal requirements of your case, evaluate its value in terms of money and ensure that you comply with state and local laws. Moreover, a skilled car accident lawyer can also assist you in obtaining compensation for your expenses.