How Personal Injury Attorneys Can Help
Injuries can be costly and you should get all the damages. Insurance companies are primarily focused on profit and will try to deny your claim or attempt to negotiate a settlement that is low.
Select an attorney who will serve as your advocate, and who will stand up against the tactics of the insurance company. Look for a lawyer with previous experience in cases similar to yours.
Insurance Coverage
Many people are insured for their cars, and the terms of that insurance typically include a duty to defend against lawsuits brought by third parties alleging that the insured party is responsible for causing injury or property damage. The insured party can be sued when it fails to notify the insurance company within the time frame that is stipulated in the policy which is usually around 5-10 days after the incident. You may need legal assistance in this situation, especially in the event that your insurance company has refused to pay for your damages or has not taken your side.
An experienced attorney can work to establish the amount of losses that have been incurred as a result of the accident. This includes the documentation of medical expenses as well as lost wages and future earnings capacity, property damage, and non-economic losses, such as pain and suffering.
Some of these losses are covered by personal injury protection (PIP) insurance, which can be purchased through your vehicle or other insurance policies. PIP will compensate you for certain economic losses that you or anyone driving your vehicle with your permission may be liable for following an accident. The compensation is up to $50,000 per person. It also covers the necessary rehabilitative care and services such as rehabilitative therapies cleaning services, housekeeping or transportation costs to and from doctor's appointments as well as other related events to your recovery.
PIP, however, does not cover all your losses. It also does not cover non-economic damages which are deemed to be valuable by industry experts. A lawyer for injuries and accidents can make a big difference in this scenario, as they will seek compensation from both your insurance company and the party at fault.
Statute of limitations
Different kinds of legal claims could have different statutes, based on the nature and context of the incident. The statute of limitations determines the time limit for which an individual has to start a lawsuit in order to seek compensation for their injuries. If a victim of an accident files their lawsuit after the statute of limitations has expired, it's unlikely that they will succeed.
The "clock" of the statute of limitations usually starts to tick when a damage or injury occurs. However, New York law also has a discovery rule that may delay the clock and allow victims to bring lawsuits within a reasonable amount of time after they discovered their injuries. This is particularly important in the event of medical negligence where victims may not have been aware of their injuries until after the incident that caused them.
The statute of limitations can also be tolled or paused in certain circumstances, when it is unfair to let the filing of a lawsuit within the timeframe. For example in cases involving COVID-19 pandemic, the statute of limitations was suspended until it is safe to begin filing lawsuits.
If a person is seeking compensation for loss they've suffered due to someone else's negligent actions, they should consult with an experienced Manhattan personal injury lawyer to ensure that they do not overrun the statute of limitations deadline. Failure to comply could result in losing the right to claim compensation for their medical bills as well as property damage, pain and suffering. Contact our firm today for assistance. We will review your claim and respond to any questions you may have about the statute of limitations.
Preparation
After being injured in an accident, it might seem like you have to add a lot of extra work to your already hectic schedule. But, it's crucial to know what to expect from the initial consultation and prepare for the questions that your lawyer will ask. Having the relevant information will allow you to focus on your health and the other aspects of your life, while the lawyer is working to obtain the maximum compensation for you.
Bring all relevant documentation and evidence to your initial meeting with an attorney who handles accidents and injuries will only help your case. This includes any medical documents, bills, photographs of the scene and the vehicles involved in the incident eyewitness accounts, as well as correspondence from anyone who has contacted you about the incident. Save receipts from expenses such as medical costs, transportation costs, out-of-pocket expenses, and repairs to your home. This information will allow your attorney to calculate the actual and future damages you are entitled to.
Your lawyer will want the details of how your accident occurred and what injuries you sustained. You can prepare for this before you go to court by writing down all the details while they're fresh in your mind. You'll be required to record any physical or psychological effects that the injury may have had on your life. It can be helpful if you make your own list.
Finally, it is a good idea to visit an expert medical professional for diagnosis and treatment of your injuries as soon as is possible after the accident. This will not only allow you to receive prompt treatment, but it will give a detailed record of your condition for the attorney to use in negotiations with the insurance company.
Mount Pleasant accident attorney
If a person sustains severe injuries in an accident, they may feel overwhelmed and confused about the legalities involved. They are also often concerned about their financial requirements. Loss of wages, medical expenses and property damage might be on their list. Fortunately, personal injury attorneys can assist injured victims to get fair compensation from insurance companies through a variety of strategies in the negotiation process.
One of the most important things a lawyer can do during negotiations is to take care to and accurately assess their client's losses. To prove the extent of the loss a client has suffered, lawyers must seek documentation from experts, like medical and economic experts. Lawyers should include in their accounts all costs related to accidents, including future expenses as well as other factors like diminished earning capacity and mental distress.
If an attorney determines what the real value of a claim is the lawyer will draft and send an order letter to the insurance company. The demand letter will typically detail the amount of settlement that the injured party is seeking, which includes the future and past medical expenses along with lost wages and other losses. Additionally, lawyers will include an assurance that they will be prepared to go to court if they are not satisfied with the initial offer.
In most states, the amount of damages awarded to an individual who shares blame for an accident will be reduced by their proportion of the total blame. To avoid this problem an experienced accident and injury attorney will examine the responsible party's insurance policy to ensure that they are seeking compensation that is up to the maximum amount allowed under the policy.
Trial
Your lawyer will evaluate the incident and your injuries to determine the amount of compensation you will need to compensate for your expenses. They will then present this request to insurance companies. This may 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 tried before a jury or judge. Your lawyer for injury has spent years studying and practicing the rules of the courtroom.
During the trial, both parties have the opportunity to question witnesses under oath about their knowledge of the incident. Your attorney will consult any experts who can help you prove your case and show the jury the severity of your injuries. They will also look over your medical records to get an opinion from your doctor regarding the long-term impact of your injuries as well as what your future may look like if they're 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 expert witnesses to discredit your claims by arguing that the accident could not have occurred in the way you describe, or that your injuries aren't as serious as you claim.
After all evidence is presented after which both sides will get the opportunity to present their closing arguments. They will present the most important pieces of evidence and try to convince the jury to arrive at an outcome in their favor. 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.