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Car Accident Claim Compensation While minor injuries are able to be handled by the victim moderate to severe injuries will require the services of a car accident lawyer In cases of moderatetosevere injuries the financial damages can be multiplied by the pain and suffering The multiplier varies based on the degree of the injury and could be anywhere between one and five times medical costs Damages resulting from a car accident A car accident lawsuit for compensation may include a variety damages Some are straightforward to evaluate for instance the cost of property damage whereas others are more complex Regardless there are numerous ways to calculate damages including the multiplier method There is also the possibility of damages for pain and suffering In this situation youll require the assistance of a lawyer in a car accident Collecting all information about the incident is the initial step to claiming compensation Photographs of the accident scene are crucial Eyewitness statements and medical bills must also be saved This documentation is vital as more evidence will support your case Another option is to take photos of any property damage caused by the accident and especially of personal injuries In addition to the material damages you may also be able to claim damages for lost wages and medical expenses These include ambulance and hospital transportation medical equipment physical therapy rehabilitation and future medical expenses It is important to consider pain and suffering to consider because they are both physical and emotional Loss of earnings can result in lower earning capacity loss of bonuses and overtime payments Economic damages are easily quantifiable However noneconomic damages are harder to determine These include loss of income emotional distress and pain Your personal injury lawyer can examine the financial records resulting from the crash to determine the amount of compensation you should be awarded Comparative negligence Comparative negligence is a legal concept that may limit your damages when you are partially responsible for an auto accident The theory works by dividing the amount of blame between two parties If both drivers were at least 90 percent at fault for the crash the victim could only receive 10000 in damages This is because the attorneys fees and case expenses would be deducted from the total amount Comparative negligence is an important idea for car accident claims This law recognizes that a number of people could be equally responsible for an accident and therefore should share the burden The law isnt always easy to understand There are numerous scenarios where the drivers share a certain percentage of the blame These cases will see the law utilize the concept of a percentage negligence to determine who is entitled to compensation Often insurance companies offer a settlement basing their offer on comparative negligence and they may interview the parties involved to determine who is to blame If they are unable to agree on an acceptable settlement injured parties can bargain with insurance companies until they reach an agreement If negotiations fail the case will be resolved in court In certain states you can file for damages against the other drivers insurance company under the modified common law 50 percent rule This rule grants you to seek damages from the insurance company of the other driver even if they were partially responsible For instance if the other driver was not able to stop on time you may claim that the other drivers insurance company should have compensated you instead Illinois has adopted modified comparative negligence which permits victims to claim damages even if they are partially responsible for the accident In this scenario the victim may claim compensation even if they have less than fifty percent fault but the amount they can receive could be reduced by that amount Underinsured drivers You could be eligible for car accident compensation when youve been injured by an uninsured driver Underinsured drivers dont carry enough insurance coverage to meet their financial needs This will only be evident after a car crash occurs and you will be required to contact your insurer to submit a claim The good news is that uninsured New York drivers can file an action for compensation in the event of car accidents This is because drivers must have at least liability insurance Underinsured drivers may not have enough insurance to pay for damages and you can bring a lawsuit to make up the difference New York law allows victims to bring a lawsuit for a period of three years This is known as the statutes of limitations Even if the uninsured driver was at fault you can still be able to claim compensation for your injuries You will need to submit a demand letter for compensation and provide proof of your losses These could include medical bills or estimates of the repairs needed to your vehicle and the calculation of lost wages In some cases you may also be in a position to make a civil suit against the driver who is at faults government entity such as the local or state government It is best to consult with a lawyer before making an action A car accident claim for drivers with inadequate insurance can be a complicated procedure but it can be accomplished An attorney can assist you through this process and help obtain the amount of compensation you are entitled to Special damages In addition to the normal damages car accident victims are also entitled to special damages These are damages that compensate the injured party for past and future medical expenses and lost earnings These damages can include medical bills prescription drugs as well as longterm care costs and property damage The amount of special damages varies from case to situation but the process is fairly simple The amount of damages granted by the court will depend on the severity of the plaintiffs injuries This will include medical expenses In addition they could include the amount of property damage the accident caused These damages are calculated by comparing the car of the plaintiffs market value at the time of the accident took place to determine their worth While special damages cannot be granted a fixed value however they are essential for getting the financial burdens off of an injury that is personal Also known as economic damages special damages are also referred to as They are a part of the settlement for compensation from a car accident or civil lawsuit The purpose of these financial payments is to make the accident victim better in comparison to how they would have been if they had not suffered the accident You could also be entitled to damages for noneconomic harm Insurers cannot quantify these kinds of damages They could include your reputation your personality and funeral services In addition to general damages you may also be able to claim damages for your emotional anxiety loss of consortium and the quality of your life Injuries often lead to serious medical complications A severely injured victim will require specialized medical attention and therapy In the event of a personal injury claim the cost should be included Timeframe to settle a car accident claim The amount of time required to settle an auto accident claim is in accordance with the circumstances of the incident Many victims would like to receive their settlement offers as soon as possible Settlements that are successful can take anywhere between just a few days to several months If the other party wants to appeal it could take longer Injuries caused by car accidents can take months or even years to fully heal The amount of the future medical expenses and medical bills will determine the length of time for settling a collision case In addition the insurance company will need to investigate the incident in order to determine the source of the fault The time frame for settling a claim can be delayed depending on whether the accident was caused by a third of the parties After the insurance company has conducted an investigation and presented an initial offer they will negotiate a settlement A settlement offer is usually lower than the demand letters If the other driver does not accept settlement the victim has to start a lawsuit in a county or district court In this manner the lawyer for the victim will prepare a request package for the driver at faults insurer The package should include an indepth description of the incident and the life of the victim afterward The package should also contain a detailed description of the accident and the life of the victim following the accident baldwin park car accident attorney includes the amount of compensation that the victim is seeking It could take several years for a lawsuit to be resolved Even if the defendant is found guilty a lawsuit may lead to an appeal that could delay the timeframe In addition to filing a lawsuit the other party may bring a countersuit