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Car Accident Claim Compensation While minor injuries can be handled by the victim serious injuries require the help of a car accident attorney In cases of moderatetosevere injuries the financial damages may be increased by pain and suffering The multiplier varies based on the severity of the injury and can range from one and five times the medical costs Car accident damages A car accident lawsuit for compensation may include a variety damages Some are easy to calculate for example the cost of property damage Other types are more complex There are a variety of ways to determine damages In addition to determining the economic cost of an accident could also be entitled to pain and suffering damages A lawyer for car accidents will be required in this case The first step to claim compensation is to gather all the details of the accident Photographs of the scene are crucial Eyewitness statements and medical bills should also be saved This documentation is vital as more evidence can strengthen your case Also you should take pictures of any damage to your property or personal injuries that result from the accident In addition to damages for material you may also be able recover damages for lost wages and medical expenses These include hospital fees and ambulance transportation medical equipment such as physical therapy and rehabilitation and future medical costs Since they are both emotional and physical the pain and suffering must be considered Loss of wages may result in reduced earning capacity lost bonuses and overtime payments The economic damages are easy to quantify however noneconomic damages are harder to determine They include loss of income emotional distress and pain Your personal injury attorney can review financial documents from the crash to determine what youre entitled to in terms of compensation Comparative negligence Comparative negligence can be used to limit your damages when you are at fault in an auto accident The theory divides the blame between two individuals If both drivers were 90 percent responsible for the crash the victim could only receive 10000 in damages This is because the plaintiffs attorneys fees and case expenses would be taken out of the total amount Comparative negligence is a key concept in the case of car accident claims The law recognizes that multiple individuals could be equally responsible for an accident and therefore should share the burden This isnt always easy to understand There are a variety of situations where both drivers share a portion of the blame These cases will see the law apply a percentage negligence to determine who is entitled to compensation Insurance companies usually offer to settle a claim on the basis of comparative negligence They may also interview the affected parties to determine whos responsible If they are unable to reach a fair settlement they may negotiate with insurance companies until an agreement is reached If these negotiations fail the case will be resolved in the court Under the modified relative negligence 50 rule which is modified you may be able to take on the insurance company of the other driver for damages This rule permits you to claim damages from the insurance company even if the other driver was partially responsible If the other driver isnt able to stop in time you could claim that the insurance company should have paid you Illinois has adopted modified comparative negligence which allows injured parties to seek damages even if they were partially at fault for the accident In such a case the victim can claim compensation with less than fifty percent fault however the amount they could receive could be reduced by that amount Drivers who arent insured If youve been injured due to an uninsured driver you could be eligible for an injury claim settlement for your car Underinsured drivers do not have enough insurance to meet their financial requirements This is only the case following an accident You will need contact your insurance company to make a claim The positive side is that uninsured New York drivers can file a claim for compensation for car accidents This is because the driver must have at the very least liability insurance Underinsured drivers might not have enough insurance coverage to pay for damages and you can file a lawsuit to recover the difference New York law allows victims to file a lawsuit for three years This is referred to as the statutes of limitations Even if the driver who was uninsured was at the fault you may still make a claim on behalf of your injuries Youll need to file an offer letter to be compensated and prove the damages These may include medical bills or estimates of the repairs needed to your vehicle as well as a calculation of lost wages In certain cases you may also be in a position to file a civil lawsuit against the driver who is at faults government entity which could be a state or local government Before filing an action its best to speak with a lawyer Although it isnt easy to file a car crash claim against drivers who are not insured it is possible Your attorney can help you navigate the process and assist you get the compensation you need Special damages In addition to the usual damages car accident victims are also entitled to special damages These damages are meant to help the victim pay for past and future medical expenses as in addition to lost earnings These damages may include medical bills prescription medications and longterm costs as well as property damage Although the amount of special damages will differ from case to another the process is fairly simple The special damages that the court awards will be contingent on the severity of the plaintiffs injuries This includes the costs of medical bills They may also include any property damage resulting from the accident These damages are calculated by taking the value of the car of the plaintiff to its fair market value at the time of the incident While special damages cannot be provided with a specific monetary value they are crucial for recovering the financial burdens of an injury that is personal Also called economic damages special damages are also referred to They are part of an insurance settlement or civil lawsuit These monetary payments are intended to help the victim better off than they would have been had it not been for the accident You may also be entitled to compensation for noneconomic damages Insurers cannot quantify these kinds of damages They could include your reputation your personality and funeral services In addition to general damages you might also be entitled to damages for emotional suffering and loss of consortium and the quality of your life In many cases injuries can cause serious medical complications an injured person will require medical attention and therapy In the event of a personal injury claim the cost should be included Timeframe to settle a claim for car accident damage The circumstances surrounding an accident can impact the length of time required to settle an auto accident claim compensation Many victims would like to receive their settlement offers as soon as possible But a successful settlement could take between the span of a few days up to several months If the other party is seeking to appeal it could take longer Car accidents can cause injuries that can take months or even years to heal The amount of the future medical expenses and medical bills will determine the period for settling a car crash case The insurance company will need to investigate the incident to determine who was responsible If the incident is the responsibility of either party can delay the timeframe for a settlement After the insurance company has conducted an investigation and issued an initial offer they will then negotiate to settle The settlement offer is usually less than demand letters If clovis car accident lawsuits is unwilling to accept a settlement the victim will need to file a suit in the district or county court During this process the victims lawyer will prepare a request packet for the atfault drivers insurer company The details of the victims story and the cause of the incident must be included in the demand package The package should also include the longterm effects of the accident such as the cost of medical treatment and lost wages The package also includes the amount of compensation the victim is seeking A lawsuit could take several years to settle Even when the defendant is found guilty of the accident filing a lawsuit can result in an appeal which will delay the process In addition to filing a lawsuit the other party may file countersuit