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What Types of Damages Can You Claim in a Car Accident Case If youve been involved in a car accident it is essential to get help from an attorney as quickly as possible This will ensure your case is taken care of quickly and you get the compensation you are entitled to The first step in your case is to gather all evidence related to the accident This can include photographs as well as police reports witness statements and medical records Medical Treatment In the aftermath of an accident in the car is one of the most important things that a victim should do Even if the accident was minor and there no immediate pain or discomfort it is a good idea to get examined by a doctor Endorphins and adrenaline are released by the body to make people feel more alert and energized after a trauma such as an accident in a car These chemicals cover up pain so a victim may appear to be fine following an accident but not realize that they are injured until a few days or weeks later Concussions and whiplash may take some time to manifest symptoms therefore it is crucial to consult an expert doctor right away If the injury is serious its essential to visit an emergency room doctor or urgent care facility immediately If you are covered by health insurance most insurance companies will pay for some costs of your medical treatment You will still be responsible for copays and any deductibles Keep a log of all your doctor visits This will aid your attorney determine the extent of your injuries and help ensure that you get the right amount of compensation for them In a personal injury lawsuit medical bills and other treatment costs can be a significant element of damages They are a crucial element of showing that an accident has caused injuries and are a major part of any settlement or verdict you receive in a car crash case Additionally medical bills serve as a record that your lawyer will use to prove that the medical treatments you received were necessary to treat the injuries you sustained in the car accident Property Damages Property damage is among the most commonly encountered types of damages that you could be liable for in a case of car accidents It could be your vehicle and your home as well as your belongings Its important to document the damages on your property including vehicles Photograph any broken or dingy windows Also get copies of police reports witnesses names and any other details you require to support your claim A photo of all your damages can help you to get a complete picture of what happened and the much it will cost to fix If youve suffered extensive damage you might be able submit a claim to reduce the value This will enable you to claim compensation for the cost of replacing the car If you experience any damages that arent covered by the insurance of the other driver submit a claim to your insurance company To recover the money from the insurance company of the other driver you can submit a claim of subrogation If your items are worth more than their original cost after an accident you could be eligible for compensation This could include expensive headphones smartphones and laptops Finally you can also be compensated for personal items that were damaged in the crash such as designer sunglasses handbags shoes and child car seats or booster seats These are also known as noneconomic losses and it is important to have an experienced legal team to be able to explain them in a loss to property claim The timelimit for filing a claim against property damage is three years in New York but you must file your claim as quickly as you can following the accident to ensure that you dont lose the right to bring a suit Delaying filing your claim for too long could make it harder for you to win your case and you might not be able to gather the evidence essential to your case Injuries and damages You may be able to seek damages for medical expenses loss of earnings wages and pain and suffering if you are injured in a car crash Based on the specifics of your case you might also be able to obtain other types of damages too Economic damages are relatively simple to calculate They can be proved by receipts bills receipts and other evidence that relates to the accident and the injuries You can also recover for other damages that are not economic like suffering and pain as well as loss of enjoyment Although these damages are more tangible than the other items mentioned however they can be extremely important to the victim of an accident These damages can be used to pay for medical treatment medication and home improvement Additionally you can claim compensation for any other out of pocket expenses incurred by the accident This could include lost wages due to missed work and travel expenses to and from appointments and any other financial loss you experienced as a result of the car accident If youre unable to work due to an accident the lost wages are of particular importance Settlements can be obtained to compensate for your loss of income which will include wages you could have earned as well as any bonuses or promotions that were not able to be redeemed Other damages that are commonly awarded in personal injury lawsuits include general damages emotional distress and loss of affection also known as loss of consortium If the defendant is guilty of reckless disregard for safety you may sue for punitive damages in certain states Although punitive damages arent often used they can be extremely effective in imposing penalties on the defendant and deterring similar acts in the future Damages for Suffering and Pain The amount of damage a car accident victim receives for pain and suffering could be significant especially when the accident has caused extreme mental and emotional trauma This includes posttraumatic stress disorder PTSD as well as anxiety and depression The first step in calculating damages for suffering and pain is to determine how the incident affected you Insurance adjusters will look at the four manifestations of pain and suffering including physical pain psychological trauma financial hardships and loss of enjoyment of life These evidences will permit lawyers to quantify your suffering and pain There are two primary methods to calculate your suffering and pain The multiplier method involves multiplying all economic damages that result from an accident by a number between 155 A per diem method is another method of calculating your damages for suffering or pain It is like the multiplier however it is based on the time you have been injured This type of compensation value is usually allocated a dollar value for each day you were injured and it can be a good option if your injuries have been recurring for a period of time You may be able to provide evidence of your suffering and pain in your lawsuit like medical records or a doctors testimony about the extent of treatment needed for your injuries It is also possible to include testimony of family members and friends An experienced attorney for car accidents will help you determine how much you are entitled to compensation for pain and suffering They will go through your medical records doctors opinions as well as mental health professionals to determine the severity of your injuries Filing an action If youve been involved in an automobile accident you might want to consider bringing an action against the person who caused the crash It can be an effective way to secure the money you need to cover medical expenses make up for lost wages and even pay for any permanent disability that may result from the accident Making your complaint also known as the Claim is the first step to file a lawsuit for car accidents It usually includes a list of names of the defendants responsible for the accident along with a description of the damages and any other pertinent information Your attorney will then deliver your Complaint to the defendants Theyll be given a specified amount of time to respond Sometimes the defendant may ask the court to dismiss your complaint car accident lawsuit portland is defendants to make a counterclaim This is where they attempt to defend their actions in the crash and explain why you shouldnt be in a position to pursue them for the damages you claim A final form of response is to offer an offer of settlement The amount of settlement you receive will be contingent on a number of factors such as the amount of damage you suffered the level of responsibility of the defendants and whether theyre willing negotiate with you or not A seasoned personal injury lawyer can help you if in an accident that has caused you to be injured They can help you understand the legal requirements of your case evaluate its financial value and ensure youre in compliance with the local and state laws Furthermore a skilled car accident lawyer can also help you obtain the amount you paid for your expenses
