How Personal Injury Attorneys Can Help
The cost of injuries can be high and you are entitled to recover all of your losses. Insurance companies are primarily focused on profit and will try to deny your claim or try to settle for a lower amount.
Select an attorney who will serve as your advocate and who will stand up to the insurance company's tactics. Find a lawyer who has handled cases similar to yours.
Insurance Coverage
Many people have insurance on their car, and the terms of that insurance typically include a duty to defend against lawsuits from third parties who claim that the insured party is liable for causing injury or property damage. If the insured party isn't capable of giving the insurance company a notice within the time frame stipulated in the policy (typically about 5 or 10 days after the accident), it can be accused of not having fulfilled its duty to defend. You may need legal assistance in this situation, especially when your insurance company is refusing to compensate you for your losses or has refused to take your side.
An experienced lawyer can help to establish the magnitude of the damages that have occurred as a consequence of the accident. This includes documentation of medical expenses and lost wages loss of future earning capacity, property damage, and non-economic losses like pain and suffering.
Personal injury protection (PIP) is available through insurance policies for automobiles or other will cover a portion of these losses. PIP covers certain economic losses incurred by you or anyone else driving your vehicle with your permission following an accident up to $50,000 per person in total. It also covers the necessary rehabilitation services and care, such as rehabilitative therapy cleaning services, housekeeping services, or transportation costs to and from doctor's appointments or other events related to your recovery.
However, PIP does not cover all of your losses and does not cover non-economic damages that have been assigned a dollar value by experts in the industry. This is why having an accident and injury attorney working for you can make a an enormous difference, as they can seek compensation from the at-fault party in addition to your own insurance.
Statute of Limitations
Based on the nature of the incident different kinds of legal claims have different statutes of limitations. The statute of limitations determines the maximum amount of time a victim has to file a lawsuit to pursue compensation for their injuries. If a victim of an accident files a lawsuit after the deadline has passed the chances are low to win their case.
The statute of limitations "clock" generally begins to tick on the day an injury or damage occurs. However, New York law also has a discovery rule which could delay the clock and allow victims to make a claim within a reasonable period of time after they discovered their injuries. This is particularly important in the case of medical malpractice in which the victims might not have been aware of their injuries until after the act that caused them.
The statute of limitations could be extended or paused in certain circumstances, when it is unfair to let a lawsuit be filed within the time frame. For example when it comes to cases involving the COVID-19 pandemic, the statute of limitations is suspended until it is safe to begin filing lawsuits.
If someone seeks compensation for loss they've suffered as a result of another's negligence, they must consult an experienced Manhattan personal injury lawyer to ensure that they don't exceed the statute of limitation deadline. Failing to do so could result in losing the right to claim compensation for medical expenses and property damage as well as the pain and suffering. Contact an attorney from our firm to get assistance today. We will examine your claim and address any questions you may have regarding the statute of limitations.
Preparation
Working with an attorney may seem like a lot to add to your already hectic life following an accident or being injured in a crash. It is nevertheless important to understand what to expect during the initial consultation and prepare yourself for the questions your lawyer will ask. The correct information will enable you to concentrate on your health and other aspects of your life, while your lawyer will work to secure the highest compensation for you.
Bring all relevant documentation and evidence to your first meeting with an accident and injury attorney will only help your case. Included are any medical records, bills, photographs of the scene of the accident and vehicles involved, eyewitness accounts, and correspondence with anyone who has contacted you about the incident. Also, save receipts for expenses like transportation expenses, out-of-pocket health expenses, and home repairs. This will allow your attorney to calculate the actual and future damages you are entitled to.
Your lawyer will need specifics of how the accident occurred and what injuries you sustained. Note down the details as soon as you are able to. You'll be asked to write down any psychological or physical effects that the injury might have affected your life. It can be beneficial to make your own list.
It is crucial to see a doctor immediately after an accident for an assessment and treatment. Not only will you be able to get the care you require and your attorney will have a record to use in negotiations with the insurance company.
Negotiation
A person who suffers serious injuries in an accident might feel overwhelmed by the legalities and confused. In many cases, they are concerned about their long-term and immediate financial requirements. Medical expenses, lost wages, and property damage may be on their list. Fortunately, YouTube can assist injured victims of accidents to secure fair compensation from liable insurance companies using a variety of strategies during negotiations.
One of the most important things that a lawyer can do during negotiations is to carefully and accurately evaluate their client's losses. This includes obtaining documentation from experts like economists and medical professionals to establish the extent of their client's losses. Lawyers should also include all accident-related expenses in their accounting, including future costs and other factors like reduced earning capacity and emotional suffering.
After an attorney has determined the true value of the claim, they will send a letter of demand to the insurance company. The demand letter will typically detail the amount of settlement that the person who has been injured is seeking, which includes the future and past medical expenses along with lost wages and other losses. Lawyers will also include an assurance that they are ready to take the case to trial in the event that they are not happy with the initial offer.
In many states the amount of damages awarded to a party who is at fault for an accident is reduced by their proportion of the total blame. A skilled accident and injury lawyer will examine the insurance policy of the liable party to ensure that the compensation demanded is in the maximum amount available under the policy.
Trial
Your attorney will assess the accident and your injuries 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 agreed upon.
If you and the insurance company can't reach an agreement on a settlement the case will go to trial before a judge or a jury. The courtroom is a complex environment with strict rules of procedure which your injury lawyer has spent years studying and practicing to master.
During the trial, both parties will have the opportunity to ask witnesses questions about their knowledge of what transpired. Your lawyer will consult any relevant experts to strengthen your case and assist the jury to understand the extent of your injuries as well as your financial damages. They will also consult with your medical professionals to obtain their opinion on the long-term impact of your injuries, as well as what your future might look like if your injuries are permanent.
Your defense attorney can introduce evidence during the trial including photographs, documents and physical objects. They'll also summon expert witnesses to discredit your claims by arguing that the incident isn't the manner you describe or that your injuries aren't as severe as you claim.
When all the evidence is presented, both sides will have the opportunity to present their closing arguments. They will draw attention to important evidence and try to convince the jury to make a decision in their favor. The jury may take a few days to reach a decision, depending on the severity of the case.