How Personal Injury Attorneys Can Help
You are entitled to compensation for all your damages. Unfortunately insurance companies are primarily focused on profit and will fight to deny claims or insist on a low-ball settlement.
Choose a lawyer who can be your advocate and who will fight against the tactics used by insurance companies. Find a lawyer who has handled similar cases to yours.
Insurance Coverage
Most people have auto insurance. The policies typically include a duty of defense against third-party lawsuits alleging that the insured is responsible for injuries or property 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 typically 5-10 days after the incident. You may need legal assistance in this situation, especially if your insurance company refuses to pay for your damages or has refused to take your side.
An experienced lawyer will be able to provide evidence of the extent of losses that have been caused by the accident. This includes documentation of medical expenses as well as lost earnings and loss of future earning potential as well as property damage and non-economic damages like discomfort and pain.
Personal injury protection (PIP) is offered by auto or other insurance policies, can cover some of these losses. PIP will compensate you for certain economic losses you or anyone else driving your vehicle with your permission may suffer as a result of an accident. The amount of compensation is up to $50,000 per person. It also covers rehabilitative care and services, such as rehabilitative therapy cleaning services, housekeeping or transportation costs to and from doctor's appointments, or other related events to your recovery.
PIP, however, will not cover all of your losses. It also does not cover non-economic damages that have been deemed to be worth the money by industry experts. An accident and injury lawyer can make a huge difference in this scenario and will seek compensation from both your insurer and the person who was at fault.
Statute of Limitations
Different kinds of legal claims could have different statutes, based on the nature and circumstances of an incident. A statute of limitation is the maximum time frame an individual can pursue a lawsuit to claim compensation for their injuries. If a victim of an accident decides to file a lawsuit after the statute has expired, it's unlikely that they will succeed.
The "clock" of the statute of limitations typically starts to tick when an injury or damage occurs. However, New York law also has a discovery rule which can delay the clock, allowing victims to file lawsuits within a reasonable period of time after they have discovered their injuries. This exception is also crucial in cases involving medical malpractice which could mean that victims did not discover their injuries until after the incident that caused the injuries.
Furthermore, You Tube of limitations can be tolled, or paused, for certain situations if it would be unfair to allow an action to be filed within the time limit. For instance, in cases involving the COVID-19 pandemic, the statute of limitations is suspended until it is safe to resume filing lawsuits.
If a person is seeking compensation for loss they've suffered due to someone else's negligence, they must consult with an experienced Manhattan personal injury attorney to ensure that they do not overrun the statute of limitations deadline. If you don't take action, you could lose your right to claim compensation for medical expenses, property damage and pain and suffering. For assistance, contact an attorney from our firm today. We will review your claim, and answer any questions that you might have about the statute of limitations.
Preparation
After being injured in an accident, it might seem like you must add a lot of extra work to your already busy schedule. But, it's crucial to know what to expect from the initial consultation and prepare yourself for the questions your lawyer will ask. Knowing the correct information will allow 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 evidence and documentation relevant to your first consultation with an accident and injury lawyer. This will strengthen your case. Included are any medical records, bills and photos of the accident scene and the vehicles involved, eyewitness statements, and correspondence with anyone who has contacted you about the incident. Keep receipts for expenses such as medical costs, transportation costs, out-of-pocket costs as well as home repair. This information will assist your attorney in calculating the actual and future economic damages you're 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 result of it. Note down the details as quickly as you can. You'll also be asked to list any psychological or physical effects that the injury may have had on your life. It is helpful to create your own list.
It is important to see a doctor immediately after an accident for diagnosis and treatment. Not only will you get the care you require as well, but your lawyer will have a track record to refer to when negotiating with the insurer.
Negotiation
If a person sustains severe injuries from an accident, they may be overwhelmed and confused about the legalities involved. Most often, they are worried about their long-term and immediate financial needs. Medical expenses, lost wages and property damage could be on their list. Fortunately, personal injury lawyers can assist injured victims of accidents to receive fair compensation from liable insurance companies by using several strategies during negotiations.
One of the most important things that an attorney can do in negotiations is to carefully and accurately examine the extent of their client's losses. To establish the extent of the loss a client has suffered, lawyers will need to obtain evidence from experts such as doctors and economists. Lawyers make sure to include in their accounts the costs associated with accidents, which include future expenses and other factors like diminished earning capacity and mental distress.
After an attorney has determined the worth of the claim, they will then send an official demand letter to the insurance company. The demand letter should typically detail the amount of settlement that an injured person is seeking, including past and future medical costs as well as lost wages and other losses. Lawyers will also include the statement that they are prepared to go to trial should they not be satisfied with the insurance company's initial offer.
In the majority of states, if one party shares fault for an accident, the amount they are awarded for their losses will be reduced by the proportion of the total blame assigned to them. An experienced accident and injury lawyer will examine the insurance policy of the liable party to ensure that the compensation sought is up to the maximum amount allowed under the policy.
Trial
After a thorough assessment of the incident and the injuries you sustained, your lawyer will determine how much compensation you need to cover your losses. They will present this demand to the insurance companies, which could result in back-and-forth negotiations until a fair settlement is reached.
If you and the insurance company cannot reach an agreement on a settlement, your case will go to trial before a judge or jury. Your injury lawyer has spent a lot of time studying and practicing the courtroom's strict rules.
During the trial both parties will have the chance to question witnesses about their knowledge of what happened. 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 doctors to get their opinions on the long-term impact of your injuries, and what your future may be like if your injuries are permanent.
Your attorney for defense will also have the opportunity to introduce evidence during the trial, including photos, documents and physical objects. They will also call experts to discredit you, arguing that the accident may not have occurred as you claim or that your injuries weren't as serious as you claim.
After all evidence is presented, both sides will have a chance to give closing arguments. They will highlight important pieces of evidence and attempt to convince the juror to come to a conclusion in their favor. The jury may take a few days to reach a verdict in accordance with the gravity of the case.