How Personal Injury Attorneys Can Help
Injuries can be expensive and you should recover all of your losses. Insurance companies are driven by profit and will fight your claim or attempt to get a lowball settlement.
Choose a lawyer who will be your advocate and who will challenge the tactics of the insurance company. Find an attorney who has dealt with similar cases to yours.
Insurance Coverage
Many people have car insurance and the terms of this insurance typically include a duty to defend against lawsuits from third parties who claim that the insured party is liable for causing injury or property damage. Unless the insured party is in a position to give the insurance company notice within a time period defined in the policy (typically between 5 and 10 days after the accident) the company could be sued for failing to meet its duty to defend. You may require legal assistance in this case, particularly if your insurance company refuses to compensate you for your losses or has not taken your side.
An experienced attorney can work to prove the extent of the losses that have occurred as a result of the accident. This includes documentation for medical expenses and lost earnings and loss of future earning potential, property damage, and non-economic damages like pain and discomfort.
Certain of the losses are covered by personal injury protection (PIP) insurance that can be purchased through your auto or other insurance policies. PIP will compensate you for certain economic losses you or anyone driving your vehicle with your permission could suffer as a result of an accident. The amount of compensation is up to $50,000 total per person. It also covers necessary rehabilitation care and services like rehabilitative therapy cleaning services, housekeeping 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 doesn't cover non-economic losses that have been valued by experts in the field. An attorney for accidents and injuries can make a huge difference in this situation in that they can 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. The statute of limitations determines the maximum amount of time the victim must start a lawsuit in order to seek compensation for their injuries. If an accident victim is able to file a lawsuit before the time limit has expired the chances are low to win their case.
The statute of limitations "clock" generally begins to tick on the day that an injury or damage occurs. New York law has a discovery rule that may delay the clock, allowing victims to bring a lawsuit within a reasonable period after they have discovered their injuries. This rule is particularly important for cases of medical malpractice which could mean that the victims did not realize their injuries until after the act which caused the injuries.
The statute of limitations may also be shortened or suspended in certain circumstances, when it is unfair to allow the filing of a lawsuit within the time limit. For example in cases involving COVID-19 pandemic the statute of limitations is suspended until it is safe to start filing lawsuits.
If someone is planning to seek compensation for losses they've suffered as a result of the negligence of another they should consult an experienced Manhattan personal injury lawyer to ensure they don't violate the statute of limitations deadline. In the event of a delay, it could result in the loss of the right to claim compensation for their medical bills and property damage as well as the pain and suffering. If you need help, contact an attorney from our firm today. We will review your claim and answer any questions you may have about the statute of limitations.
Preparation
After being injured in an accident, it may seem like you have to add more work to your already hectic schedule. However, it is important to understand what to expect during the initial consultation and prepare yourself for the questions your lawyer will ask. You can focus on your health, as well as other aspects of your daily life, if you have the correct information.
Bring all the relevant documentation and evidence to your first meeting with an accident and injury lawyer. This will help strengthen your case. Included are any medical records, bills, photos of the accident scene and the vehicles involved, eyewitness reports and correspondence with anyone you has reached out to you regarding the incident. Also, keep receipts for expenses like transportation costs, out of pocket health care expenses as well as home repairs. This information will help your attorney calculate the exact and future economic damages you are entitled to under the terms of your claim.
Your lawyer will need to know the details about the circumstances of your accident and the injuries you sustained as a result of it. Make a list of the details as soon as you are able to. You will be asked about any physical or emotional impacts that the injury may have affected your life as well It is helpful to write a list of these as well.
It is important to see a doctor as soon as you can after an accident to receive a diagnosis and treatment. This will not only ensure that you to receive treatment in a timely manner, but it will provide a document of your injuries for the attorney to use during negotiations with the insurance company.
Negotiation
When a person suffers severe injuries as a result of an accident, they may feel overwhelmed and confused about the legalities involved. Most often, they are worried about their immediate and long-term financial requirements. Medical expenses, lost wages, and property damage may be on their list of priorities. Fortunately, personal injury lawyers can assist injured victims of accidents to secure fair compensation from liable insurance companies by using several 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 determine the magnitude of a client's loss lawyers must seek documentation from experts, like medical and economic experts. Lawyers also make sure to include all expenses related to accidents in their financial statements including future costs and other factors such as reduced earning capacity and emotional suffering.
Once Baltimore accident lawsuits has established the true worth of the claim, they will send a letter of demand to the insurance company. The demand letter typically details how much the injured person would like to receive in settlement, which includes the future and past medical expenses as well as lost earnings and other losses. Lawyers can also include a statement that states that they are prepared to file a lawsuit in the event they aren't satisfied with the initial offer from the insurance company.
In the majority of states, if a person is at fault for an accident, the amount they are awarded for their damages will be reduced by the proportion of the total blame assigned to them. An experienced lawyer for accidents and injuries will review the insurance policy of the responsible party to ensure that the compensation demanded is in the maximum amount allowed under the policy.
Trial
After a thorough assessment of the accident and injuries you sustained, your attorney will determine how much compensation you'll need to pay for your expenses. They will then present this demand to the insurance companies, which may result in back-and-forth negotiations until a fair settlement is reached.
If you and the insurance company can't reach an agreement on an agreement, your case will be argued before a judge or jury. Your lawyer for injury has spent years studying and observing 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 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 your medical records to seek an opinion from your doctor regarding the long-term effects of your injuries as well as what your future may look like if they are permanent.
Your lawyer for defense will also have the opportunity to present evidence during the trial, including photographs, documents and physical objects. They may also call experts to discredit your claims by arguing that the accident couldn't have happened in the way you describe, or that your injuries aren't as grave as you claim.
After all evidence is presented and both sides have the opportunity to conclude their arguments. They will highlight important elements of evidence and try to convince jurors to come to a conclusion in their favor. The jury may take a few days to reach a verdict, depending on the severity of the case.