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Car Accident Claim Compensation Minor injuries can be dealt with by the victim However serious injuries requires the assistance of a car accident lawyer In cases of moderatetosevere injuries the economic damages can be multiplied by the pain and suffering This multiple depends on the severity of the injuries and can range between one and five times medical expenses Damages in a car accident There are many different types of damages in a car crash claim compensation lawsuit Some are straightforward to determine such as the cost of property damage Others are more difficult There are many ways to determine the amount of damages There is also the possibility of pain and suffering damages A car accident lawyer will be required in this case The first step to claim compensation is to gather all the information about the incident Take photographs of the scene record eyewitness statements and keep any medical bills and receipts This is essential as more evidence can strengthen your case You should also take photos of any damage to your property or personal injuries caused by the accident You could be eligible to claim compensation for medical expenses or lost wages in addition to the damages in material terms This includes ambulance and hospital transportation medical equipment physical therapy rehabilitation and future medical expenses In addition pain and suffering are important to think about because they are both physical and emotional Loss of wages can lead to decreased earning capacity loss of bonus payments and overtime payments Noneconomic losses can be difficult to quantify but economic damages are simple to quantify They include loss of income emotional distress and pain A personal injury lawyer can look over the financial records from the accident to determine the amount of compensation youll be entitled to Comparative negligence Comparative negligence can be utilized to limit the damages you suffer when youre partially at fault in an auto accident The theory works by dividing up the amount of fault between two parties If both drivers were 90 percent responsible for the collision the victim could only receive 10000 in damages This is due to the plaintiffs attorneys fees and case expenses would be taken out of the total amount Comparative negligence is an important concept when it comes to car accident claims This law recognizes that multiple individuals could be equally responsible for an accident and should be able to share the costs However this notion isnt always simple There are many instances in which both drivers share a portion of the blame These cases will see the law apply the concept of a percentage negligence to determine who is entitled to compensation Insurance companies typically offer to settle a claim that is based on comparative fault They may also conduct an interview with the parties involved to determine who is at fault If they are unable to reach an agreement on an acceptable settlement parties who are injured can bargain with insurance companies until they can reach an agreement If negotiations fail then the case will be settled in Court Under the modified comparative negligence rule which is modified you could be able to take on the insurance company of the other driver to recover damages This rule allows you to seek damages from the insurance company of the other driver even if they were partially at fault For instance if other driver did not stop on time you may claim that the insurance company should have compensated you instead Illinois has adopted modified relative negligence that permits injured parties to seek damages even when they are partially responsible for the accident In such a situation the victim may claim compensation if they are less than fifty percent fault but the amount they can receive could be reduced by this amount Drivers who are not insured You may be eligible for compensation for car accidents when youve been injured by an uninsured driver Underinsured drivers dont have enough insurance coverage to meet their financial needs This will only be apparent after a car accident occurs and youll be required to contact your insurer to make an insurance claim The good news is that you can submit a claim for indemnity for drivers who are underinsured in New York This is due to the fact that drivers must have at least liability insurance Drivers who arent insured may not have enough insurance to pay for damages and you can sue to recover the difference New York law gives victims three years to file a lawsuit which is called the statute of limitations Even if the driver was uninsured You can still claim compensation for your injuries Youll need to file an order letter for compensation and provide proof of your losses This can include medical bills an estimate of repairs to your car and an assessment of your lost wages In certain cases you may to also file a civil suit against the responsible drivers government entity for example an a local or state government It is recommended to speak with a lawyer prior to making any claim While it may be difficult to file a car crash claim against drivers with inadequate insurance however it is doable Your lawyer can help navigate the process and assist you receive the compensation that you deserve Special damages In addition to standard damages car accident victims can also claim special damages These are damages which compensate the person who was injured for future and past medical expenses and lost earnings These damages could include medical bills prescription medicines or longterm health care costs and property damage Although the amount of special damages can vary from case to another however the process is simple The court will award damages depending on the extent of the plaintiffs injuries including the cost of medical bills Additionally they may include the amount of property damage the accident caused The damages are calculated by comparing the plaintiffs vehicles market value at the time that the accident took place to determine their value Although special damages do not have a fixed value they can be used to help pay the financial burdens caused by a personal injury Also called economic damages special damages are also referred to They are a part of a car accident compensation settlement or civil lawsuit These financial compensations are designed to help the victim better off than they would have been had it not been for the accident You may also be eligible to compensation for noneconomic damages These kinds of damages are not easily assessed by insurers and they could include your reputation your personality and funeral services You may be eligible to claim damages for your loss of emotional distress consortium and quality of life Often injuries cause serious medical problems and a severely injured victim will require special care and therapy This cost should be included in the personal injury lawsuit Timeframe for settling a car accident claim The timeframe for settling an auto accident claim is according to the circumstances of the accident Many victims want to receive their settlement offer as fast as possible But a successful settlement could take between one or two days to several months It may be longer if the other party is seeking to file an appeal Injuries resulting from car accidents may take months or even years to heal completely Therefore the time frame for settling a car crash claim will depend on the total amount of medical bills and the future medical costs The insurance company will need to investigate the incident in order to determine who is at fault If the incident is the blame of the other party can delay the process of a settlement After the insurance company has conducted an investigation and has made an initial offer they will negotiate a settlement You Tube is usually lower than a demand letter If the other driver does not accept settlement the plaintiff must bring a lawsuit in the district or county court In this manner the victims lawyer will prepare a request packet to the driver who was at faults insurer The details of the victims story and the cause of the accident must be included in the package The package should also contain a detailed description of the accident and the life of the victim afterward It also lists the amount of compensation the victim is seeking It may take several years for a lawsuit to be resolved Even if the defendant is found guilty a lawsuit can lead to an appeal that could delay the timeframe The other party could also bring countersuit