How Personal Injury Attorneys Can Help
You deserve to be compensated for all the damages you have suffered. Insurance companies are profit-driven and will fight your claim or attempt to settle for a lower amount.
Select an attorney who will be your advocate and will stand up to the tactics of the insurance company. Find a lawyer who has previous experience in cases similar to yours.
Insurance Coverage
The majority of people have auto insurance. The conditions of the policy typically include a duty of defense against third-party lawsuits claiming that the insured is accountable for injury or property damage. If the insured party isn't capable of giving the insurance company notice within a time frame specified in the policy (typically between 5 and 10 days after the accident) the company could be accused of not having fulfilled its obligation to defend. This is a complex situation that may require legal advice, especially when the insurance company has decided to not join in with you or refuses to cover your damages.
An experienced attorney will be able to prove the amount of damages that have been incurred as a result of the accident. This includes documentation of medical expenses as well as lost earnings and loss of future earning potential damages to property, and non-economic damages like pain and discomfort.
Some of the losses are covered by personal injury protection (PIP) coverage, which can be purchased through your car or other insurance policies. PIP provides compensation for certain economic losses suffered by you or any other person driving your vehicle with your permission following an accident, up to $50,000 per person in total. It also covers necessary rehabilitative care and services, such as rehabilitative therapy cleaning services, housekeeping services, or transportation costs to and from doctor's appointments or other occasions related to your recovery.
However, PIP does not cover all your losses, and does not cover non-economic damages that have been assigned a dollar value by experts in the industry. A lawyer for injuries and accidents can make a big difference in this situation and will seek compensation from both your insurer and the person who was at fault.
Statute of Limitations
Based on the nature of an incident, various types of legal claims have different statutes of limitations. A statute of limitations is the time limit within which an individual can bring a lawsuit to claim compensation for their injuries. If an accident victim files a lawsuit after the time limit has expired the chances are low to be successful in their case.
The "clock" of the statute of limitations typically starts to tick when a damage or injury occurs. New York law has a discovery rule that may delay the clock and allow victims to file an action within a reasonable period after determining their injuries. This is particularly important in the case of medical malpractice where the victims may not have realized their injuries until after the act that caused them.
The statute of limitations could also be shortened or suspended in certain circumstances, if it is unfair to allow a lawsuit be filed within the timeframe. In cases involving the COVID-19 Pandemic, for example the statute of limitations has been suspended until the right time has come to resume filing lawsuits.
If someone wants to seek damages for the losses they've suffered as a result of another's negligence they should consult an experienced Manhattan personal injuries attorney to ensure that they don't exceed the statutes of limitations deadline. Failure to comply could result in the loss of the right to seek compensation for medical expenses and property damage as well as suffering and pain. To get help, call an attorney from our firm today. We will review your claim, and address any questions you may have regarding the statute of limitation.
Preparation
An attorney's involvement may seem like a lot of work to add to your already busy life after being injured in a wreck. It is nevertheless important to understand what to expect during 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.
Bringing all of the relevant documents and evidence to your first meeting with an attorney who handles accidents and injuries will only strengthen your case. Included are medical records, bills, photographs of the scene of the accident and the vehicles involved, eyewitness accounts, and correspondence with anyone you has reached out to you regarding the incident. Save receipts from expenses like transportation costs, health care out-of-pocket costs, and repairs to your home. This will allow your attorney to determine the actual and future damages you're entitled to.
Your lawyer will be looking for details about the circumstances of your accident and the injuries you sustained as a result of it. Make a list of the details as soon as you are able to. You'll also be asked to list any psychological or physical impacts that the injury may have affected your life. It could be helpful to create an inventory.
It is also a good idea to see medical professionals to determine the cause and treatment for your injuries as soon as possible after the incident. Not only will you receive the care you need as well, but your lawyer will have a history to refer to when negotiating with the insurer.
Negotiation
A person who has suffered serious injuries as a result of an accident may be overwhelmed by the legalities, and confused. They are often also worried about their financial needs. They may have medical expenses as well as lost wages and property damages to cover. Personal injury lawyers employ various negotiation strategies to help victims of accidents receive fair compensation from the insurance companies who are responsible.
One of the most important things that a lawyer can do during negotiations is to take care to and accurately assess their client's losses. This involves obtaining evidence from experts, such as economists and medical professionals to demonstrate the magnitude of their client's losses. Lawyers must include in their financial statements all accident-related costs, including future expenses, as well as other factors like reduced earning capacity and mental trauma.
If an attorney determines what the real value of an claim is the lawyer will draft and send an order letter to the insurance company. The demand letter typically details the amount of money an injured person would like to receive in settlement, which includes the future and past medical expenses as well as lost earnings and other losses. Lawyers may also include a declaration that they are prepared to take the case to court in the event they aren't satisfied with the initial offer made by the insurance company.
In many states, if one party is at fault for an accident, the amount they are awarded for their damages will be reduced by the percentage of the total blame attributed to them. To avoid this problem an experienced lawyer for accidents and injuries will scrutinize the responsible party's insurance policy to confirm that they are seeking compensation that is up to the maximum amount permitted by the policy.
Trial
Your lawyer will review the severity of your injuries and the accident to determine the amount of compensation you require to cover your losses. They will then present this demand to the insurance companies, which may result in back and forth negotiations until an acceptable settlement amount is agreed upon.
If youtube.com and your insurance company are unable to reach an agreement, the case will be argued before a jury or judge. Your injury lawyer has spent a lot of time studying and observing the rules of the courtroom.
During the trial, both parties will have the opportunity to ask witnesses questions about their knowledge of what transpired. Your lawyer will also call any relevant experts to strengthen your claim and help the jury understand the extent of your injuries and your financial losses. They will also speak with your medical professionals to obtain their opinions regarding the long-term consequences of your injuries and what your future might be in the event that your injuries are permanent.
Your attorney for defense will also have the opportunity to present evidence during the trial, including photos and documents as well as physical objects. They may also call experts to challenge your claims by arguing that the accident 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 after which both sides will get a chance to give closing arguments. They will focus on the most crucial elements of evidence and attempt to convince the jury to arrive at an outcome in their favor. The jury may take a few days to reach a verdict, depending on the severity of the case.