How Personal Injury Attorneys Can Help
Injuries can be expensive, and you deserve to recover all of your damages. Unfortunately, insurance companies are profit-oriented and will try to deny your claim or push for a lowball settlement.
Choose an attorney who will represent you and who will stand up to the tactics of insurance companies. Find a lawyer who has handled similar cases to yours.
Insurance Coverage
Many people are insured for their cars, and the terms of this insurance often include a duty to defend against lawsuits brought by third parties who claim that the insured party is liable for causing injury or damage. The insured party could be sued in the event that it fails to inform the insurance company within the timeframe that is stipulated in the policy which is usually around 5-10 days after the incident. This is a complex situation where you might require legal help, especially in the event that the insurance company has chosen not to join in with you or refuses to pay your damages.
An experienced attorney can work to establish the magnitude of the damages that have been incurred as a result of the accident. This includes documentation of medical expenses, lost wages, loss of future earning capacity, property damage and non-economic losses like suffering and pain.
Some of these losses are covered under personal injury protection (PIP) coverage, which can be purchased through your auto or other insurance policies. PIP covers certain economic losses that you or anyone driving your vehicle with your permission may incur after an accident. The amount of compensation is up to $50,000 total per person. It also covers the necessary rehabilitative care and services like rehabilitative therapy cleaning services, housekeeping or transportation costs to and from doctor's appointments or other related events to your recovery.
However, PIP does not cover all of your losses and does not address non-economic damages that have been assigned a dollar value by industry experts. This is where having an attorney who is experienced in accident and injury working for you can make an enormous difference, as they can seek compensation from the responsible party in addition to the insurance company you have.
Statute of limitations
The nature of the incident various types of legal claims have different statutes of limitation. A statute of limitation is the time limit within which that a victim has to file a lawsuit in order to obtain compensation for their injuries. If a person injured in an accident is able to file a lawsuit before the time limit has expired it is unlikely to win their case.
The "clock" of the statute of limitations typically starts ticking when an injury or damage occurs. However, New York law also has a discovery rule that can delay the clock, allowing victims to file lawsuits within a reasonable time after they have discovered their injuries. This is particularly important in the case of medical malpractice where the victims may not have discovered their injuries until after the incident that caused them.
The statute of limitations can also be shortened or suspended in certain situations, if it is unfair to let the filing of a lawsuit within the timeframe. For You Tube when it comes to cases involving the COVID-19 pandemic the statute of limitations has been suspended until it is safe to begin filing lawsuits.
If someone is planning to seek compensation for losses they've suffered due to another's negligence, they should consult an experienced Manhattan personal injury lawyer to ensure they don't miss the statute of limitations deadline. In the event of a delay, it could result in the loss of the right to seek compensation for medical expenses and property damage as well as pain and suffering. Contact an attorney from our firm today for assistance. We will review your claim and answer any questions you have regarding the statute of limitations.
Preparation
After being injured in an accident, it may seem like you must add more work to your already busy schedule. It is important to be aware of what to expect during the initial consultation and to prepare yourself for the questions your lawyer could ask. You can concentrate on your health, and other aspects of your daily life if you have the correct information.
Bring all the relevant documentation and evidence with you to your initial meeting with an accident injury lawyer. This will help strengthen your case. Included are any medical records, bills and photos of the scene and the vehicles involved, eyewitness reports and correspondence with anyone you has contacted about the incident. Keep receipts for expenses like transportation costs, health care out-of-pocket expenses as well as home repair. This information will assist your attorney in calculating the exact and future economic damages that you are entitled to under your demand.
Your lawyer will want to know the facts regarding the cause of your crash and the injuries you sustained as a a result of it. Note down the details as soon as you are able to. You will be asked about the emotional or physical impacts that the injury may have affected your life as well and it is useful to keep a record of these as well.
It is important to see your doctor immediately after an accident to receive diagnosis and treatment. This will not only ensure that you to receive timely care and treatment, but also keep a record of your condition for the attorney to use during negotiations with the insurance company.
Negotiation
If someone suffers serious injuries in an accident, they might be overwhelmed and confused about the legalities involved. They may also be worried about their immediate and future financial needs. They could have medical expenses as well as lost wages and property damage to pay for. Personal injury lawyers can employ various negotiation strategies to assist injured accident survivors get fair compensation from the insurance companies that are liable.
One of the most important things that an attorney can do during negotiations, is to carefully and accurately examine the extent of their client's losses. This involves obtaining evidence from expert witnesses, such as economists and medical professionals, to prove the extent of the loss suffered by their client. Lawyers make sure to include in their financial statements the costs associated with accidents, which include future expenses and other factors like diminished earning capacity, mental trauma.
Once an attorney has established the true worth of the claim, they will then send an official demand letter to the insurance company. The demand letter usually outlines what the person who has been injured is requesting in settlement, including past and future medical expenses as well as lost earnings and other losses. In addition, lawyers will include a statement that they will be prepared to go to trial should they not be satisfied with the initial offer.
In many states, if a person is at fault for an accident, the amount they are awarded for their damages will be reduced by the percentage of the total blame assigned to them. An experienced lawyer for accidents and injuries will review the insurance policy of the liable party to ensure that the compensation sought is up to the maximum amount allowed under the policy.
Trial
Your attorney will assess the severity of your injuries and the accident to determine the amount of compensation you require to compensate for your expenses. They will then present this demand to insurance companies, which may result in back-and-forth negotiations until a satisfactory settlement is reached.
If you and the insurance company can't reach an agreement on an agreement the case will be heard before a jury or judge. The courtroom is a complex environment that has strict procedures that your injury lawyer has spent years studying and practicing to master.
During the trial, both parties will be able to question witnesses about their knowledge of what happened. Your attorney will consult any experts who can help you present your case and show the jury the severity of your injuries. They will also talk to your medical experts to get their opinions regarding the long-term consequences of your injuries, and what your future may be should your injuries be permanent.
Your defense attorney will also have the opportunity to present evidence during the trial, including photos, documents and physical objects. They may also bring experts to discredit you, arguing that the accident might not have occurred as you claim or that your injuries weren't as severe as you claim.
When all the evidence is presented and both sides have a chance to give closing arguments. They will draw attention to important evidence and try to convince the jury to make a decision in their favor. The jury can take several days to reach a conclusion according to the seriousness of the case.