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Car Accident Claim Compensation While minor injuries are able to be handled by the victim serious injuries require the help of a car accident lawyer The financial damages in moderatetosevere injuries can be multiplied by the amount of pain and suffering The multiplier is based on severity of the injury and can range from one and five times medical costs Damages resulting from a car accident A car accident lawsuit compensation lawsuit may include a variety damages Certain are simple to determine for example the cost of property damage Others are more complicated 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 case youll need the assistance of a lawyer in a car accident The first step to claim compensation is to gather all the details regarding the incident It is important to take pictures of the scene record eyewitness testimony and save any medical bills and receipts This documentation is very important as the more evidence you have the more convincing your claim will be Another option is to take photographs of any property damage that is caused by the accident and especially of personal injuries You may be eligible to recover damages for lost wages or medical expenses in addition to the material damages These include hospital charges and ambulance transportation medical equipment physical therapy and rehabilitation as well as future medical costs It is important to consider pain and suffering to consider as well as they are both physical and emotional Loss of wages can lead to lower earning capacity loss of bonus payments as well as overtime payments Economic damages are easy to quantify however noneconomic damages are harder to determine These include loss of income as well as emotional distress Your personal injury lawyer can examine the financial records of the accident to determine the amount of compensation you should receive Comparative negligence Comparative negligence is a legal principle which can limit your liability when you are partially at fault for an auto accident The theory works by dividing the amount of fault between two parties If both drivers were at least 90 percent responsible for the crash the victim could only receive 10000 in damages This is because the attorneys fee and case expenses would be taken out of the total amount Comparative negligence is a key idea for car accident claims This law recognizes that a number of individuals could be equally accountable for an accident and that they should be able to share the cost This theory is not always straightforward There are several scenarios where both drivers share a proportion of the blame In these cases the law utilize a percentage negligence to determine who is entitled to compensation Often insurance companies offer a settlement basing their offer on comparative negligence and they might also interview the parties involved to find out who is at fault If they are unable to agree on an acceptable settlement parties who are injured can engage with insurance companies until they come to an agreement If negotiations fail the case will be decided in the court In some states you can file for damages against the insurance company under the modified 50 percent rule for comparative negligence This rule allows you to claim damages from the insurance company of the other driver even if they were partly at fault If the other driver does not stop on time you could claim that the insurance company should have compensated you Illinois has adopted modified comparative negligence which permits victims to claim damages even if partially at fault for the accident In such a situation the injured party can claim compensation even if they have less than fifty percent blame however the amount they are able to recover could be reduced by that amount Drivers who are not insured If youve been injured due to an uninsured motorist you could be entitled to car accident claim compensation Underinsured drivers dont have enough insurance coverage to meet their financial needs This is only the case after an accident You will need to contact your insurer to file a claim The good news is that you can submit a claim for compensation for underinsured drivers in New York This is due to the fact that drivers must have at the very least liability insurance Drivers who are not insured might not have enough insurance coverage to pay for your losses so you may file a lawsuit to cover the difference New York law gives victims three years to file a lawsuit which is known as the statute of limitations Even even if the driver was not insured You can still claim compensation for your injuries Youll need to file a demand letter for compensation and prove the damages This can include medical bills an estimate of repairs to your car and an assessment of the loss of wages In some instances you may also to make a civil claim against the atfault drivers government entity like local or state government It is best to consult with a lawyer prior to making an action A claim for car accidents involving drivers who are not insured can be a thorny process but it can be done Your lawyer can help navigate the process and help you receive the compensation that you deserve Special damages In addition to standard damages car accident victims are also entitled to special damages These damages are meant to provide the victim with compensation for past and future medical expenses as in addition to lost earnings These damages could include medical bills prescription medication and longterm costs and also property damage The amount of specific damages varies from case to circumstance however the process is fairly simple The court will award specific damages depending on the extent of the plaintiffs injuries including the cost of medical bills In addition they could include the amount of property damage the accident caused The damages are determined by using the value of the car that the plaintiff is driving to its fair market value at the time of the incident Although special damages arent defined by a fixed amount they are important for paying for the financial burdens of an injury that is personal Also known as economic damages special damages are also known as They are a part of an insurance settlement or civil lawsuit The money is paid to the victims of an accident so they can live their lives better than they would have without it In addition to general damages you may also be entitled to claim damages for noneconomic losses These types of damages arent easily measured by insurance companies and they can include your reputation your personality as well as funeral services In addition to general damages you might also be entitled to damages for your emotional stress as well as loss of consortium and the quality of your life Often injuries cause serious medical complications and the victim who is severely injured will require specialized treatment and therapy This cost should be included in the personal injury lawsuit Timeframe to settle a claim for car accident damage The circumstances surrounding an accident can affect the amount of time needed to settle a claim for car accident compensation Many victims would like to receive the settlement offer as soon as possible A successful settlement can take anywhere from just a few days to several months If the other party seeks to appeal it could take longer The injuries that result from car accidents can take months or years to fully heal lynchburg of future medical expenses and medical bills will determine the timeframe for settling a car crash case The insurance company will have to investigate the incident in order to determine who was responsible The timeframe for settling a claim can be delayed based on whether the accident was caused by the other party After the insurance company has conducted an investigation and issued an initial offer they will negotiate for a settlement The settlement offer is usually lower than the demand letters If the other driver does not accept settlement the victim has to make a claim in the county or district court In this manner the lawyer representing the victim will prepare a request package for the atfault drivers insurer The demand package should contain an exhaustive description of the accident as well as the life of the victim following The package will also list the longterm effects of the accident such as the costs of medical treatment and lost wages It also includes the amount of compensation that the victim is seeking A lawsuit can take several years to reach a resolution Even in the event that the defendant is found guilty a lawsuit may result in an appeal which could prolong the timeline In addition to bringing a lawsuit the other party can bring countersuit