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Car Accident Claim Compensation While minor injuries can be treated by the victim moderatetosevere injuries will require the services of a lawyer in car accidents If you suffer from moderatetosevere accidents the financial damages could be multiplied by pain and suffering The multiplier varies based on the degree of the injury and could be anywhere between one and five times the medical costs Damages resulting from a car accident A car accident lawsuit compensation lawsuit can cover a range of damages Some are straightforward to determine for instance the amount of property damage Others are more complicated There are many ways to calculate damages In addition to determining the economic damages of an accident may also be entitled to pain and suffering damages A car accident lawyer will be needed in this situation The first step in claiming compensation is to gather all of the details about the accident Photographs of the scene are crucial Eyewitness statements and medical bills must be kept This documentation is very important as the more evidence you have the stronger your claim will be Another step is to take photographs of any property damage that is caused by the accident in particular of personal injuries You may be able to receive compensation for lost wages or medical expenses in addition to the material damages These could include ambulance and hospital transportation medical equipment physical therapy rehabilitation and future medical costs The effects of suffering and pain are important to consider as well as they are both emotional and physical Loss of wages can result in reduced earning capacity loss of bonuses and overtime payouts Economic damages are easy to quantify However noneconomic damages are harder to determine These include income loss emotional distress and pain Your personal injury attorney will review the financial records from the accident to determine the amount youre entitled to receive in terms of compensation Comparative negligence Comparative negligence is a legal principle that limits your damages if you were partly responsible for an auto accident This theory divides the fault between two parties If both drivers were 90 percent responsible for the collision the victim may only receive 10000 in damages This is because the attorneys fee and other costs would be deducted from the total amount Comparative negligence is a key concept in car accident claims This law recognizes that many people may be equally responsible for an accident and therefore should be equally responsible for the consequences However this notion is not always clear cut There are many scenarios where both drivers share a part of the responsibility In these cases the law employ the concept of percentage negligence to determine who is entitled to compensation Insurance companies will often offer to settle a claim based on comparative negligence They may also interview the parties involved to determine who is responsible If they are not able to agree on an equitable settlement the injured parties can engage with insurance companies until they reach an agreement If negotiations fail the case is settled in the court In some states you can claim for damages against the other drivers insurance company under the modified common law 50 percent rule concord car accident lawyer gives you the right to seek damages from the insurance company of the other driver even if they were partially responsible For example if the other driver was not able to stop in time you may claim that the other drivers insurance company should have compensated you instead Illinois has adopted modified comparative negligencethat allows injured parties to recover damages even when they are partially responsible for the incident In such a case the injured party can claim compensation if they are less than fifty percent fault however the amount they are able to receive could be reduced by this amount Drivers who arent insured You may be entitled to compensation for car accidents if you were hurt by an uninsured driver Underinsured drivers do not have enough insurance coverage to meet their financial needs This will only be apparent after a car accident occurs and youll have to call your own insurer to file claims The good news is that you are able to file a car accident claim to recover compensation for drivers with inadequate insurance in New York This is because the law requires drivers to carry liability insurance at a minimum You can file a lawsuit against the driver who is not insured to recover the difference New York law gives victims three years to file a lawsuit which is also known as the statute of limitations Even in the event that the driver was not insured You can still make a claim for injuries You must send a demand letter and then provide the evidence of your damages This could include medical bills estimates of repairs to your vehicle and an estimate of lost wages In some cases you may also to pursue a civil lawsuit against the driver who is at fault entity like an a local or state government It is best to consult with a lawyer prior to filing any claim While it may be difficult to file a car accident claim against drivers who are not insured It is still possible Your attorney can assist you navigate the process and assist you receive the compensation you are entitled to Special damages Victims of car accidents can also seek special damages in addition to the standard damages These damages are meant to help the victim pay for future and past medical expenses as and lost earnings These damages could include medical bills prescription medicines and longterm costs as well as property damage While the amount of damages will vary from one instance to the next the process is straightforward The court will award damages based on the severity of the plaintiffs injuries including the cost of medical bills They could also include any property damage caused by the accident The damages are calculated by comparing the value of the car that plaintiffs market value at the time that the accident occurred to determine their value Although special damages do not have a fixed monetary value they can be used to help pay the financial burdens caused by a personal injury Also called economic damages special damages are also known They are part of an auto accident compensation settlement or civil lawsuit These financial compensations are designed to make the person who was injured better off than they would have been without the accident In addition to general damages you could also be entitled to claim damages for noneconomic damage Insurance companies cannot quantify these types of damages They can be a result of your reputation personal image and funeral services You could be eligible to claim damages for the loss of consortium emotional distress and the quality of your life Often injuries cause serious medical issues and an injured person will require medical attention and therapy This cost should be included in a personal injury lawsuit Timeframe for settling a car accident claim The amount of time required to settle the claim for a car accident differs depending on the circumstances of the accident Many victims want the settlement offer as soon as possible Settlements that are successful can be anywhere from one or two days to several months It may be longer if the other party is trying to appeal Injuries that result from car accidents can take months or even years to fully heal Therefore the length of time required for settling a vehicle accident claim is contingent upon the total amount of medical bills and future medical care expenses In addition the insurance company needs to investigate the incident to determine the cause of the accident The timeframe to settle a claim may be delayed based on whether the incident was caused by the other of the parties After the insurance company has analyzed the incident and made an initial offer to settle the matter the parties will then reach a settlement A settlement offer is typically lower than the demand letters If the other driver refuses to accept a settlement the victim will need to file a lawsuit in the district or county court During this process the lawyer representing the victim will prepare a demand document for the atfault drivers insurance company The package should include an exhaustive description of the accident as well as the life of the victim afterward The package should also include the longterm consequences of the accident such as the cost of medical treatment and lost wages It also details the amount of compensation that the victim is seeking It can take a long time for a lawsuit to be resolved Even in the event that the defendant is found guilty a lawsuit could result in an appeal that may prolong the timeframe In addition to filing a lawsuit the other party may file countersuit