How Personal Injury Attorneys Can Help
Injuries can be expensive and you should recover all of your losses. 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 who will stand up against the tactics of the insurance company. Find a lawyer who has previous experience in cases similar to yours.
Insurance Coverage
Many people have car insurance, and the terms of that insurance usually include a duty defend against lawsuits brought by third parties claiming that the insured party is responsible for causing injury or property damage. If the insured party isn't able to give the insurance company notice within a time period defined in the policy (typically between 5 and 10 days following the incident), it can be accused of failing to fulfill its duty to defend. This is a complicated scenario where you might require legal assistance, particularly if the insurance company has decided not to accept your case or refuses to cover your damages.
An experienced attorney can work to establish the magnitude of the damages that have occurred as a consequence of the accident. This includes documentation of medical expenses, lost earnings, loss of future earning potential damages to property, and other non-economic damages such as pain and discomfort.
Some of the losses are covered by personal injury protection (PIP) coverage that can be purchased through your car or other insurance policies. PIP covers certain economic losses incurred by you or any other person driving your vehicle with your permission following an accident that can be up to $50,000 per person in total. It also covers the necessary rehabilitative care and services such as rehabilitative therapies, housecleaning services or transportation costs to and from doctor's appointments, or other events related to your recovery.
However, PIP does not cover all your losses and does not cover non-economic damages that have been assigned a monetary value by industry experts. An accident and injury lawyer can make a big difference in this situation, as they will seek compensation from both your insurance company as well as the party responsible for the accident.
Statute of Limitations
Different kinds of legal claims could 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 bring a lawsuit to seek compensation for their injuries. If an accident victim files their lawsuit after the statute has expired, it is unlikely that they will be successful.
The statute of limitations "clock" typically begins ticking on the day an injury or damage occurs. New York law has a discovery rule that could delay the clock, allowing victims to start a lawsuit within a reasonable time after determining their injuries. This rule is particularly important in cases of medical malpractice in the event that victims did not discover their injuries until some time after the incident that caused the injuries.
The statute of limitations can also be tolled or paused in certain circumstances, when it is unfair to let a lawsuit be filed within the time frame. For instance in cases involving COVID-19 pandemic, the statute of limitations has been suspended until it is safe to start filing lawsuits.
If someone seeks compensation for losses they have suffered as a result of another's negligence, they must consult with a seasoned Manhattan personal injury lawyer to ensure that they don't miss the statute of limitations deadline. In the event of a delay, it could result in the loss of the right to seek compensation for medical bills and property damage as well as suffering and pain. Contact an attorney from our firm to get assistance today. We will review your claim, and answer any questions you may have regarding the statute of limitations.
Preparation
Working with an attorney may seem like a lot to add to your already hectic life following an accident or being injured in a crash. It is important to be aware of what to expect in the initial meeting and also to be prepared for the questions your lawyer could ask. The right information will allow you to focus on your health and other aspects of your life while your lawyer works to get the maximum compensation available for you.
Bring all evidence and documentation relevant with you to your initial consultation with an accident and injury lawyer. This will strengthen your case. This includes medical records, bills, photos of the scene as well as the vehicles involved in the incident, eyewitness accounts, and correspondence from anyone who has contacted you about the incident. Keep receipts for expenses like medical costs, transportation costs, out-of pocket expenses as well as repairs to your home. This information will allow your attorney to calculate the actual and future economic damages you're entitled to under your demand.
Your lawyer will want the specifics of how the accident happened and the extent of injuries you sustained. You can practice this ahead of time by writing down all the details while they're fresh in your mind. You will be asked to write down any psychological or physical effects that the injury might have affected your life. It is helpful if you make your own list.
Finally, it is recommended to see a medical professional for diagnosis and treatment of your injuries as soon as you can after the incident. Norwalk accident attorney YouTube will not only enable you to receive prompt treatment as well as keep a document of your injuries for the attorney to use in negotiations with the insurance company.
Negotiation
If a person sustains severe injuries from an accident, they might be overwhelmed and confused about the legal issues involved. They are also often concerned about their immediate and future financial needs. Loss of wages, medical expenses and property damage could be on their list of priorities. Personal injury lawyers can employ various negotiation strategies to assist victims of accidents receive fair compensation from insurance companies that are accountable.
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. This means obtaining documents from expert witnesses like economists and medical professionals, to prove the extent of the client's losses. Lawyers must include in their accounts all accident-related costs, including future expenses, as well as other factors like diminished earning capacity and mental distress.
Once an attorney has established the value of the claim, they will write an official demand letter to the insurance company. The demand letter will usually detail the amount of settlement that the person who has been injured is seeking, which includes the past and future medical expenses as well as lost wages, and other losses. In addition, lawyers will include a statement that they are ready to take the case to trial should they not be satisfied with the insurance company's initial offer.
In most states, if a person is at fault for an accident, the amount awarded for their losses will be reduced by the percentage of the blame that is assigned to them. An experienced lawyer for accidents and injuries will scrutinize the insurance policy of the liable party to ensure that the amount demanded is in the maximum amount available under the policy.
Trial
After a thorough evaluation of the accident and injuries you sustained, your attorney will determine the amount of compensation you need to cover your losses. They will then present their request to insurance companies. This could lead to an ongoing negotiation until the settlement is reached.
If you and your insurance company are unable reach an agreement the case will be argued before a jury or judge. Your lawyer for injury has spent years studying and observing the courtroom's strict rules.
During the trial both parties will have the chance to question witnesses about their knowledge of what transpired. Your lawyer will consult any relevant experts to strengthen your claim and help the jury comprehend the severity of your injuries and your financial damages. They will also talk to your doctors to get their opinions on the long-term effects of your injuries, as well as what your future could look like should your injuries be permanent.
Your attorney for defense will be able to present evidence during the trial, including photographs and documents as well as physical objects. They may also call experts to challenge your claims by arguing that the accident isn't the way 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 present the most important evidence and attempt to convince the jury to arrive at the right conclusion. The jury could take several days to reach a decision according to the seriousness of the case.