How Personal Injury Attorneys Can Help
Injuries can be costly, and you deserve to recover all of your losses. Unfortunately insurance companies are primarily focused on profit and will fight to deny claims or demand a lower settlement.
Choose an attorney who will represent you and who will stand up to the tactics of the insurance company. Find a lawyer who has handled cases similar to yours.
Insurance Coverage
Many people have car insurance and the terms of this coverage often include a duty to defend against lawsuits from third parties claiming that the insured party is liable for causing injury or property damage. If the insured party isn't capable of giving the insurance company notice within the time frame stipulated in the policy (typically about 5 or 10 days after the accident), it can be sued for failing to meet its obligation to defend. You may need legal assistance in this situation, especially if your insurance company refuses to compensate you for your losses or has refused to take your side.
An experienced lawyer can help to prove the magnitude of the losses that have occurred as a consequence of the accident. This includes the documentation of medical expenses and lost wages, loss of future earning capacity, property damage, and non-economic losses like pain and suffering.
Certain of these losses are covered by personal injury protection (PIP) insurance which is available through your vehicle or other insurance policies. PIP covers certain economic losses you or any other driver of your vehicle with your permission might suffer as a result of an accident. The amount of compensation can be up to $50,000 per person. It also covers rehabilitative services and medical care, such as housecleaning, rehabilitative therapies, or transportation to and from doctor's appointments or other occasions connected to your recovery.
PIP However, it will not cover all of your losses. It also doesn't cover non-economic losses that have been valued by experts in the field. This is why having an attorney for accidents and injuries working on your behalf can make a an important difference, since they can seek compensation from the responsible party in addition to the insurance company you have.
Statute of Limitations
Different kinds of legal claims could have different statutes depending on the nature and the circumstances of an incident. A statute of limitations dictates the length of time a victim has to file a lawsuit to pursue compensation for their injuries. If an accident victim is able to file a lawsuit before the time limit has expired it is unlikely to win their case.
The statute of limitations "clock" typically begins ticking on the day that an injury or damage occurs. New York law has a discovery rule that could delay the clock, allowing victims to start an action within a reasonable time after discovering their injuries. This exception is important in cases of medical malpractice where victims may not have discovered their injuries until after the event that caused them.
Furthermore the statute of limitations could be extended, or even paused in certain circumstances if it would be unfair to allow the filing of a lawsuit within the time frame allotted. For example in cases involving COVID-19 pandemic the statute of limitations is suspended until it is safe to begin filing lawsuits.
If someone is seeking compensation for injuries they've suffered due to someone else's negligent actions, they must consult an experienced Manhattan personal injury attorney to ensure that they don't exceed the statute of limitation deadline. If you don't take action, you could lose your right to claim compensation for medical expenses, property damage and pain and suffering. Contact an attorney from our firm today for assistance. We will review your claim, and answer any questions you might have about the statute of limitation.
Preparation
The process of hiring an attorney can seem like a lot of work to add to your already busy life after being injured in a wreck. But, it's important to know what you can expect from the initial consultation and prepare yourself for the questions your lawyer will ask. You can focus on your health and other aspects of your everyday life, if you have the correct information.
Bring all evidence and documentation relevant to your first consultation with an accident and injury lawyer. This will help to strengthen your case. Included are any medical records, bills and photos of the scene and the vehicles involved, eyewitness accounts, and correspondence with anyone who has reached out to you regarding the incident. Keep receipts for expenses such as transport costs, health care out-of-pocket expenses and repairs to your home. Providing this information will help your attorney calculate the future and actual economic damages that you are entitled to under your demand.
Your lawyer will be looking for details about how your wreck occurred and the injuries you suffered as result of it. You can practice for this before you go to court by writing down all the details while they are still fresh in your mind. You will be asked to write down any psychological or physical effects that the injury could have affected your life. It is beneficial to make a list.
Finally, it is recommended to be seen by a medical professional for diagnosis and treatment of your injuries as soon as possible after the incident. This will not only ensure that you to receive prompt treatment, but it will keep a report of your condition to the attorney to use in negotiations with the insurance company.
Negotiation
When a person suffers severe injuries in an accident, they could feel overwhelmed and confused about the legal implications. Most often, they are worried about their long-term and immediate financial needs. They might have medical bills as well as lost wages and property damage to pay for. Fortunately, personal injury lawyers can assist injured victims of accidents to secure fair compensation from liable insurance companies through a variety of strategies in the negotiation process.
One of the most important things that an attorney can do in negotiations is to accurately and carefully examine the extent of their client's losses. To prove the magnitude of a client's loss, lawyers will need to obtain documents from experts like economists and medical professionals. Lawyers must also include all accident-related expenses in their accounts including future costs as well as other factors such as diminished earning capacity, emotional suffering.
Once an attorney knows the value of a claim is then they'll prepare and send an order letter to the insurance company. The demand letter should typically include the amount of settlement that the injured party is seeking, which includes the past and future medical expenses as well as lost wages, and other losses. In addition, lawyers will include the statement that they are ready to go to trial if they are not satisfied with the insurance company's initial offer.
In most states there is a limit to the amount of damages awarded to a party who is responsible for an accident will be reduced by their proportion of the total blame. A skilled lawyer for accidents and injuries will examine the insurance policy of the responsible party to ensure that the amount sought is up to the maximum amount available under the policy.
Trial
Your lawyer will evaluate 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. This may lead to negotiations that go back and forth until an agreement is reached.
If You Tube and your insurance company are unable reach an agreement, the case will be tried before a judge or jury. 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 have the opportunity to ask witnesses questions about their knowledge of what transpired. Your lawyer will seek out experts who can help you prove your case and show the jury the extent of your injuries. They will also consult with your medical experts to get their opinions on the long-term effects of your injuries, as well as what your future might be like in the event that your injuries are permanent.
Your defense attorney can introduce evidence at trial, such as documents, photos and physical objects. They will also call expert witnesses to discredit your claims by arguing that the incident could not have occurred in the manner you describe or that your injuries aren't as grave as you claim.
When all the evidence is presented, both sides will have the opportunity to conclude their arguments. They will highlight the most important elements of evidence and try to convince jurors to make a decision in their favor. Depending on the seriousness of your case, it could take up to a couple of hours to several days for the jury to make an informed decision.