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Car Accident Claim Compensation While minor injuries can be treated by the victim serious injuries will require the help of a car accident attorney If you suffer from moderatetosevere accidents the financial damages can be multiplied by pain and suffering This multiplier is contingent on the severity of the injury and can range from one and five times the medical costs Car accident damage There are a number of different kinds of damages to be considered in a car accident compensation lawsuit Some are straightforward to evaluate such as the cost of property damage while others are more complex Whatever the case there are many methods to calculate damages including the multiplier method In addition to determining the economic damage of an accident you might also be entitled pain and suffering damages In this scenario youll need the assistance of a lawyer for car accidents Gathering all details about the incident is the first step to claiming compensation Photographs of the scene of the accident are crucial Eyewitness statements and medical bills must be kept This is crucial because the more evidence you have the more convincing your claim will be Another option is to document any property damage that is caused by the accident particularly of personal injuries In addition to the material damages you may also be able to get compensation for medical expenses and lost wages These include hospital fees and ambulance transportation and medical devices such as physical therapy and rehabilitation and future medical costs Pain and suffering are important to consider as they are both physical and emotional Loss of wages may result in reduced earning capacity lost bonuses and overtime payments Noneconomic damages can be difficult to quantify but economic damages are easy to quantify These include loss of income as well as emotional anxiety Your personal injury attorney can review financial documents from the accident to determine the amount youre entitled to receive in terms of compensation Comparative negligence Comparative negligence can be used to limit your liability when youre partially at fault in an auto accident The theory works by dividing up the amount of blame between two parties If both drivers were at least 90 responsible for the accident the victim will only receive 10000 in damages This is because the total would include the cost of the plaintiffs attorney and any case expenses Comparative negligence is an important concept in the case of car accident claims This law recognizes that several people could be equally responsible for an accident and that they should share the cost However this theory isnt always straightforward There are several scenarios in which both drivers share a proportion of the fault In these cases the law use the concept of a percentage negligence to determine who is entitled to compensation Often insurance companies will make an offer basing their offer on comparative negligence and they may also conduct an interview with the parties involved to determine who is to blame If they are not able to agree on an acceptable settlement plaintiffs can engage with insurance companies until they reach a settlement If negotiations fail the case will be settled in court Under the modified comparative negligence rule which is modified you may be able to sue the insurance company of the other driver to recover damages This rule gives you to claim damages from the insurance company of the other driver even if they were partly responsible If the other driver does not stop in time you can claim that the insurance company should have paid you new rochelle car accident lawyer has adopted a modified system of comparative negligence that permits the injured party to claim damages even if theyre partially at fault for the accident In these cases the injured party is able to claim compensation even if they are less than 50 percent at the fault However the amount they could recover could be reduced Drivers who arent insured If youve suffered injuries from an uninsured motorist you could be entitled the compensation youre entitled to for a car accident Underinsured drivers do not have enough insurance coverage to meet their financial requirements This is only the case following an accident You will need to contact your insurer to submit a claim The positive side is that uninsured New York drivers can file a claim for compensation for car accidents This is due to the fact that drivers must have at the very least liability insurance You can file a lawsuit against an underinsured driver to recuperate the difference New York law allows victims to bring a lawsuit for a period of three years This is referred to as the statutes of limitations Even if the driver was uninsured you are still able to file a claim for your injuries Youll need to submit an official demand letter for compensation and prove the damages This could include medical bills an estimate of repairs to your car as well as an assessment of your lost wages In some cases you may to file a civil suit against the atfault drivers government entity like an a local or state government Before filing an action its a good idea to consult an attorney A claim for a car accident involving underinsured drivers is a challenging procedure but it can be accomplished Your attorney can help you to navigate this process and ensure that you ensure you receive the compensation you deserve Special damages In addition to the standard damages car accident victims may also be entitled to special damages These are damages that compensate the injured party for future and past medical expenses and lost earnings These damages can include medical bills prescription medication as well as longterm care costs as well as property damage Although the amount of special damages will vary from one instance to the next the process is straightforward The court will award damages depending on the extent of the plaintiffs injuries including medical bills In addition they may include the amount of property damage that the accident caused These damages are calculated by using the value of the car that the plaintiff is driving to its fair market value at the time of the accident While special damages cannot be granted a fixed value but they are vital to recovering the financial burdens of an injury that is personal Also known as economic damages special damages are also known as They are part of a car accident compensation settlement or civil lawsuit These financial compensations are designed to help the victim better in comparison to how they would have been if they had not suffered the accident In addition to general damages you may also be entitled to seek damages for noneconomic damages Insurance companies cannot quantify these damages They could include your reputation personal image and funeral services You could be able to claim damages for your loss of consortium emotional distress and quality of life In many cases injuries can cause serious medical issues and the victim who is severely injured will require specialized care and therapy In the event of a personal injury claim the cost of this should be included Timeframe for settling a car accident claim The circumstances surrounding an accident can impact the time frame to settle a claim for car accident compensation Many victims want to get their settlement offers as soon as possible However a successful settlement could take between one or two days to several months If the other party seeks to appeal it may take longer Car accident injuries can take months or even years to heal Therefore the time frame to settle a car accident claim depends on the total amount of medical bills and the future medical expenses In addition the insurance company will have to investigate the incident to determine the cause of the accident The fault of either party can delay the timeframe of an agreement After the insurance company has conducted an investigation and issued an initial offer they can negotiate for a settlement A settlement offer is typically lower than the demand letter If the other driver is unwilling to agree to a settlement the victim would need to file a suit in the county or district court In this manner the lawyer representing the victim will prepare a request document to the driver who was at faults insurer company The demand package should contain an exhaustive description of the accident as well as the life of the victim afterward The package should also contain an indepth description of incident and the victims lifestyle afterward It also includes the amount of compensation the victim is seeking It could take a few years for a lawsuit to be settled 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 filing a lawsuit the other party could file countersuit