What Types of Damages Can You Claim in a Car Accident Case? It is crucial to contact an attorney as soon as you've been involved in a car accident. This will ensure your case is taken care of quickly and you are awarded the compensation you are entitled to. Gathering all evidence about the accident is the very first step in your case. This can include photographs, police reports, witness statements and medical records. Medical Treatment In the aftermath of a car accident is one of the most crucial things that a person should do. Even if the crash was not severe and there was no discomfort or pain immediately, it is still an excellent idea for the victim to be seen by medical professionals. Endorphins and adrenaline are released by the body to make people feel more alert and energized following trauma, such as a car accident. These chemicals mask the pain, so a person may appear fine following an accident and not realize that they are injured until days or weeks later. Some injuries, including concussions or whiplash, may take a long time to manifest symptoms, which is why it's important to see a doctor for an immediate diagnosis. If the injury is severe it is essential to immediately visit an urgent care facility or an emergency room doctor. The majority of insurance companies will cover part of your medical treatment in the event that you have health insurance. However, you'll be responsible for any co-pays or deductibles. Keep a detailed record of all your doctor's visits. This will help your attorney to determine the extent of your injuries in order that you can be compensated in a fair manner. In a personal injury case medical bills and treatment costs can be a significant component of damages. They are a vital part of proving that an accident caused injuries, and are a major part of any settlement or verdict you receive in a car accident case. Additionally, medical bills can be used as a trail that your lawyer can use to prove that the medical treatments you received were needed to treat the injury you suffered during the car accident. Property Damages Property damage is one of the most commonly encountered types of damages you could be liable for in a car accident case. It could be your vehicle or your home, as well as your possessions. It's important to document the damage to your property as well as your vehicle. Photograph any dents or broken windows. Also, get copies of police reports, witness names and any other details you require to prove your case. You can build a complete picture of the damage and estimate the cost of fixing it by taking photographs. If the damages are excessive, you may be in a position to file a claim to recover the diminished value, which will grant you compensation for the cost of replacing your damaged car. For any damages that are not covered by the insurance of the other driver, you should make a claim with your insurance company. In order to recover the money from the insurance company of the other driver you can submit a claim for subrogation. If your possessions exceed the value at the time of the accident, you could be entitled to compensation. This could include expensive headphones, smartphones and laptops. You may also claim compensation for personal items damaged by the accident, such as designer shoes and handbags sunglasses, as well as booster seats or car seats for children. These are also known as non-economic losses and it is important to work with an experienced legal team to account for them in a property damage claim. The statute of limitations for filing a property damage claim is three years in New York, but you must start your claim as quickly as possible following the incident to ensure that you don't lose your rights to pursue a lawsuit. Waiting too long can make it harder for you to win your case, and you could be unable to gather evidence that is crucial to your case. Damages and injuries If you were injured in a car accident you may be able to claim compensation for the damages that include medical expenses as well as lost wages or earning capacity in the event of pain and suffering and property damage. Based on the specifics of your situation, you may also be able to obtain other kinds of damages as well. It is simple to calculate economic damages. You can prove these damages with receipts, bills and other evidence relating to the car accident and your injuries. Beyond these quantifiable losses you can also collect for other damages that are not economic, like the loss of pain and suffering, as well as loss of enjoyment. These damages are often more intangible than other items however they can be extremely valuable to victims of car accidents. These damages could be used to pay for a variety of things such as medical treatment, medication and home improvement. You can also ask for compensation for any other out-of cost expenses incurred due to the accident. This could include the loss of wages due to missed work as well as travel expenses to and from appointments, and any other financial loss you suffered as a result of the car accident. Lost wages are crucial in the event that you were unable continue working after the accident. Settlements are possible to compensate you for the loss of income. This includes any wage you might have earned in addition to any bonuses or promotions. Other damages typically granted in personal injury claims include general damages, emotional distress, and loss of affection (also known as "loss of consortium"). If the defendant's actions are made with reckless disregard for safety, you can sue for punitive damages in certain states. While punitive damages may not be commonly used, they can prove very effective in imposing sanctions on the defendant and deterring similar acts in the future. Damages for Suffering and Pain The amount of compensation a car accident victim receives for pain and suffering may be substantial, particularly in cases where the injury has resulted in significant mental and emotional trauma. This includes post-traumatic stress disorder (PTSD) as well as anxiety and depression. The first step in calculating damages for suffering or pain is to determine the severity of your injuries. Insurance adjusters look at the four "manifestations of suffering and pain" that include physical trauma, psychological trauma and financial hardships, as well as loss of enjoyment of your life. These manifestations will allow lawyers to quantify your suffering and pain. There are two main methods to determine your suffering. The multiplier method involves dividing all economic damages caused by an accident by a figure between 1.5-5. Per diem is another method of calculating your damages for suffering or pain. It is similar to the multiplier method, but is determined by the length of time you've been injured. This compensation value assigns a value in dollars for each day you were injured. It can be a good option if you have been suffering from injuries for a long time. You might be able to provide evidence of your suffering and pain in your lawsuit, such as medical records or a doctor's testimony about the extensive treatment required for your injuries. You can also include testimony of family members and friends. When it comes to determining much your damages for pain and suffering should be, an experienced car accident attorney can help you obtain an appropriate amount. They will analyze your medical records, doctor's opinions as well as mental health professionals to determine the severity of your injuries. Filing a Lawsuit If you've been involved in a car accident you might want to consider bringing an action against the person who caused the crash. It can be an effective method of obtaining the compensation that you require to cover medical expenses, pay for lost wages and even pay for any permanent disability that could result from the accident. Making your complaint (also known as the "Claim") is the first step in filing a car accident lawsuit. It typically includes a list or names of the defendants responsible for the accident and a description of your damage and other pertinent information. Your attorney will then serve the defendant(s) with your Complaint. The defendant(s) will then be served with your Complaint. Sometimes, the defendant can request that the court dismiss the case. Another popular response is for the defendant to file a counterclaim. This is when they attempt to defend their actions in the crash and show the reasons why you shouldn't be able to claim damages against them. you claim. A final form of response is for the defendant to offer a settlement. The amount you will receive will be contingent on a number of factors including the amount of damage you suffered, the level of blame of the defendant(s) and whether they're willing negotiate with you or not. If you've suffered injuries in a car accident it's crucial to get the assistance you need from an experienced personal injury lawyer. They can help you understand the legal requirements of your case, evaluate its value in terms of money, and ensure that you're in compliance with local and state laws. Additionally, a knowledgeable car accident lawyer can also help you obtain the amount you paid for your expenses.