How Personal Injury Attorneys Can Help
The cost of injuries can be high, and you deserve to recover all of your damages. Insurance companies are primarily focused on profit and will try to deny your claim or attempt to get a lowball settlement.
Select an attorney who will be your advocate and who will challenge the tactics of insurance companies. Find a lawyer who has previous experience in cases similar to yours.
Insurance Coverage
Many people have insurance on their car and the terms of this insurance often include a duty to defend against lawsuits brought by third parties claiming that the insured party is liable for causing injury or damage. If the insured party isn't capable of giving the insurance company notice within the time frame stipulated in the policy (typically between 5 and 10 days after the accident) the company could be accused of failing to fulfill its duty to defend. This is a difficult situation that may require legal assistance, particularly in the event that the insurance company has decided to not accept your case or refuses to cover your damages.
An experienced attorney can provide evidence as to the magnitude of losses resulted from the accident. This includes documents of medical expenses and lost wages loss of future earning capacity, property damage and other non-economic losses such as pain and suffering.
Personal injury protection (PIP) which is offered by auto or other insurance policies and can help cover some of these losses. PIP provides compensation for certain economic losses that are incurred by you or anyone else driving your vehicle with your permission after an accident that can be up to $50,000 per person in total. It also covers rehabilitation services and medical care like house cleaning, rehabilitative therapies, or transportation to and from doctor's appointments or other occasions connected to your recovery.
However, PIP does not cover all of your losses and does not address non-economic damages that have been assigned a value by experts in the industry. An accident and injury lawyer can make a huge difference in this scenario and will seek compensation from both your insurer as well as the party responsible for the accident.
Statute of Limitations
The nature of the incident, different kinds of legal claims have different statutes of limitations. The statute of limitations determines the time limit for which the victim must bring a lawsuit to seek compensation for their injuries. If a victim of an accident files a lawsuit after the statute of limitations has expired, they are not likely to succeed in their case.
The "clock" of the statute of limitations usually starts ticking when a damage or injury occurs. However, New York law also has a discovery rule that may delay the clock, allowing victims to file lawsuits within a reasonable period of time after they have discovered their injuries. This exception is important in the event of medical negligence where the victims may not have realized their injuries until after the act that caused them.
Additionally, the statute of limitations can be shortened, or even suspended in certain instances in the event that it is unfair to allow a lawsuit to be filed within the time frame allotted. For instance in cases involving COVID-19 pandemic, the statute of limitations was suspended until it is safe to resume filing lawsuits.
When a person is seeking compensation for losses they have suffered due to another's negligence, they must consult with a seasoned Manhattan personal injury attorney to ensure that they don't overrun the statute of limitations deadline. Failing to do so could result in the loss of the right to claim compensation for their medical bills, property damage and the pain and suffering. If you need help, contact an attorney from our firm today. We will review your claim and address any questions you may have regarding 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 hectic schedule. It is crucial to know what to expect in the initial meeting and to prepare yourself for the questions your lawyer could ask. The correct information will allow you to concentrate on your health and other aspects of your life, while the lawyer will work to secure the highest compensation for you.
Bringing all of the relevant documentation and evidence to your first meeting with an accident and injury attorney will only help your case. Included are medical records, bills, photos of the scene and vehicles involved, eyewitness reports and correspondence with anyone you has contacted you about the incident. Also, keep receipts for expenses such as transportation costs, out of pocket health care expenses and home repairs. This information will allow your attorney to calculate the actual and future damages you're entitled to.
Your lawyer will be looking for details regarding the cause of your crash and the injuries you sustained as a result of it. Note down the details as soon as you can. You Tube will be required to record any psychological or physical effects that the injury could have had on your life. It is helpful to create an inventory.
It is important to see your doctor immediately after an accident to receive a diagnosis and treatment. Not only will you be able to receive the treatment you require, but your attorney will have a track record to use in negotiations with the insurer.
Negotiation
If a person sustains severe injuries in an accident, they could be overwhelmed and confused by the legal implications. Often, they are also worried about their immediate and future financial needs. They could have medical expenses as well as lost wages and property damage to pay for. Fortunately, personal injury attorneys can assist injured victims of accidents to secure fair compensation from responsible insurance companies through a variety of tactics during the negotiation process.
One of the most important things that a lawyer can do during negotiations is to take care to and accurately evaluate the losses of their client. This includes obtaining documentation from experts, such as economists and medical professionals to prove the extent of the client's losses. Lawyers must include in their accounting all accident-related costs, including future expenses, as well as other factors such as diminished earning capacity and mental distress.
Once an attorney knows what the true value of an claim is then they'll prepare and send an order letter to the insurance company. The demand letter should typically contain the amount of compensation that an injured person is seeking, including the future and past medical expenses, lost wages, and other losses. Lawyers will also include a statement stating that they're prepared to take the case to court if they're not satisfied with the initial offer made by the insurance company.
In most states there is a limit to the amount of damages awarded to an individual who shares blame for an accident is reduced by their percentage of total fault. To avoid this issue, an experienced accident and injury lawyer will examine the responsible party's insurance policy to confirm that they are seeking compensation up to the maximum amount allowed under the policy.
Trial
After a thorough analysis of the accident and injuries you sustained, your lawyer will determine how much compensation you'll need to pay for your expenses. They will then present this demand to insurance companies. This could lead to back-and-forth negotiation until the settlement is reached.
If you and the insurance company are unable to reach an agreement on a settlement, your case will be heard before a judge or a jury. Your lawyer for injury has spent a lot of time studying and practicing the rules of the courtroom.
During the trial, both sides are able to challenge witnesses under oath regarding their knowledge of the incident. Your attorney will call any experts who can help strengthen your case and help the jury understand the extent of your injuries as well as your financial damages. They will also consult your medical records to seek an opinion from your doctor regarding the long-term impact of your injuries and how your future might be like if they were permanent.
Your attorney for defense will also have the opportunity to introduce evidence during the trial, including photographs and documents as well as physical objects. They'll also summon experts to discredit your claims by arguing that the accident isn't the manner you describe or that your injuries aren't as severe as you claim.
Both parties will have the chance to present their closing arguments after all evidence has been presented. They will highlight key elements of evidence and attempt to convince the jury to arrive at the right conclusion. Depending on the seriousness of your case, it can take anywhere from a few hours to several days for the jury to make a decision.