How Personal Injury Attorneys Can Help
You are entitled to compensation for all the damages you have suffered. Unfortunately insurance companies are profit-driven and will try to deny your claim or demand a lower settlement.
Select an attorney who will be your advocate, and who will fight against the tactics used by insurance companies. Choose a lawyer who has expertise in handling cases similar to yours.
Insurance Coverage
Many people have car insurance and the terms of that insurance often include a duty to defend against lawsuits brought by third parties claiming that the insured party is accountable for causing injury or property damage. If the insured party isn't able to give the insurance company a notice within the time frame specified in the policy (typically about 5 or 10 days following the incident) it could be accused of failing to fulfill its obligation to defend. You may need legal assistance in this case, particularly if your insurance company refuses to pay for your damages or refuses to take your side.
An experienced attorney can provide evidence as to the amount of the losses caused by the accident. This includes documents of medical expenses and lost wages and future earnings capacity, property damage and non-economic losses like suffering and pain.
Certain of these losses are covered under personal injury protection (PIP) coverage that can be purchased through your auto or other insurance policies. PIP covers certain economic losses you or any other driver of your vehicle with your permission might be liable for following an accident. The amount of compensation is up to $50,000 per person. It also covers necessary rehabilitation services and care like rehabilitative therapy cleaning services, housekeeping services, or transportation costs to and from doctor's appointments, or other occasions related to your recovery.
PIP is, however, is not able to cover all your losses. It also does not cover non-economic damages which are deemed to be valuable 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 can have different statutes based on the nature and the circumstances of the incident. A statute of limitations dictates the length of time a victim has to start a lawsuit in order to seek compensation for their injuries. If an accident victim is able to file a lawsuit after the statute has expired, it is highly unlikely that they will win.
The "clock" of the statute of limitations typically begins to tick when a damage or injury occurs. However, New York law also has a discovery requirement that may delay the clock, allowing victims to file lawsuits within a reasonable amount of time after they've discovered their injuries. This exception is important in the case of medical malpractice in which the victims might not have discovered their injuries until after the event that caused them.
The statute of limitations could be extended or paused in certain situations, if it is unfair to allow the filing of a lawsuit within the time limit. In cases involving the COVID-19 Pandemic, as an example the statute of limitations has been suspended until the time is right to resume filing lawsuits.
If someone wants to seek compensation for losses they have suffered because of someone else's negligence they should consult an experienced Manhattan personal injuries attorney to make sure they don't exceed the statutes of limitations deadline. If you do not act, 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 examine your claim and answer any questions that 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 getting injured in a wreck. It is important to know what you can expect in the initial meeting and to be prepared for the questions that your lawyer might ask. You can focus on your health and other aspects of your daily life, if you've got the correct information.
Bringing all of the relevant documentation and evidence to your first meeting with an attorney for accidents and injuries will only strengthen your case. Included are medical records, bills and photos of the accident scene and vehicles involved, eyewitness reports and correspondence with anyone who has reached out to you regarding the incident. Also, keep receipts for expenses such as transportation costs, out-of-pocket health care expenses as well as home repairs. This information will allow your attorney to determine the actual and future damages you're entitled to.
Your lawyer will want to know the facts about the circumstances of your accident and the injuries you sustained as a result of it. Note down the details as quickly as you can. You will be asked about any emotional or physical effects that the
injury accident lawyers has affected your life as well and it is useful to keep a record of these.
Finally, it is recommended to see medical professionals for diagnosis and treatment of your injuries as soon as is possible following the accident. This will not only enable you to receive timely care as well as give a detailed report of your condition to the attorney to use in negotiations with the insurance company.
Negotiation
A person who has suffered serious injuries as a result of an accident may be overwhelmed by the legalities and confusion. Most often, they are concerned about their long-term and immediate financial requirements. Loss of wages, medical expenses, and property damage may be on their list. Fortunately, personal injury lawyers can help injured accident victims to receive fair compensation from insurance companies by using several tactics during the negotiation process.
One of the most important things a lawyer can do during negotiations is to take care to and accurately evaluate the losses of their client. To determine the extent of the loss a client has suffered, lawyers must seek evidence from experts like medical and economic experts. Lawyers also make sure to include all accident-related expenses in their financial statements including future costs as well as other factors such as diminished earning capacity and emotional suffering.
When an attorney is aware of what the true value of an claim is the lawyer will draft and send a demand letter to the insurance company. The demand letter will usually contain the amount of compensation that the person who has been injured is seeking, including the future and past medical expenses along with lost wages and other losses. Lawyers may also include a statement stating that they are prepared to go to court in the event they aren't satisfied with the initial offer from the insurance company.
In many states, if a party is at fault in an
accident injury lawyers near me, the amount awarded for their damages will be reduced by the percentage of the total blame assigned to them. An experienced
accident and injury attorneys and injury lawyer will review the insurance policy of the responsible party to ensure that the amount sought is up to the maximum amount permitted under the policy.
Trial
Your lawyer will evaluate the accident and your injuries to determine the amount of compensation you will need to cover your expenses. They will then present their request to insurance companies. This may lead to negotiations that go back and forth until the settlement is reached.
If you and your insurance company are unable to reach an agreement, the case will be heard before a judge or jury. The courtroom is a complex setting with strict procedures that your injury lawyer has spent a lot of time studying and attempting to master.
During the trial, both sides have the opportunity to examine witnesses under oath as to their knowledge of the incident. Your lawyer will seek out experts who can help present your case and show the jury the severity of your injuries. They will also look over your medical records to get opinions from medical professionals about the long-term effects of your injuries as well as what your future may look like if they're permanent.
Your
attorney accident lawyer for defense may introduce evidence during the trial like photographs, documents and physical objects. They may also call experts to discredit your claims by arguing that the incident isn't the manner you describe or that your injuries aren't as grave as you claim.
Both parties will have the chance to present their closing arguments after all the evidence has been presented. They will focus on the most crucial elements of evidence and attempt to convince the jury to arrive at the right conclusion. Depending on the severity of your case, it can take up to a couple of hours to several days for the jury to make a decision.