How Personal Injury Attorneys Can Help

You should be compensated for all the damages you have suffered. Unfortunately insurance companies are primarily focused on profit and will fight to deny claims or demand a lower settlement.

Choose an attorney that will be your advocate, and who will fight against the insurance company's tactics. Look for a lawyer with experience handling cases like yours.

Insurance Coverage

Many people have insurance on their car and the terms of this insurance typically include a duty to defend against lawsuits from third parties claiming that the insured party is responsible for causing injury or property damage. Unless the insured party is in a position to give the insurance company notice within a time frame specified 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 need legal assistance in this case, particularly when your insurance company is refusing to compensate you for your losses or has not taken your side.

An experienced lawyer can help to prove the extent of the damages that have occurred as a consequence of the accident. This includes documentation of medical expenses and lost wages and future earnings capacity, property damage, and other non-economic losses such as suffering and pain.

Some of the losses are covered by personal injury protection (PIP) insurance which is available through your vehicle or other insurance policies. PIP provides compensation for certain economic losses that are incurred by you or anyone else driving your car with your permission after an accident up to $50,000 per person in total. It also covers rehabilitation services and medical care such as housekeeping rehabilitation therapies, house cleaning, transportation to and from doctor's appointments or other occasions related to your recovery.

PIP However, it does not cover all your losses. It also doesn't cover non-economic losses that have been valued by industry experts. An accident and injury lawyer can make a huge difference in this case, as they will seek compensation from both your insurance company and the person who was at fault.

Statute of Limitations

Based on the nature of the incident various types of legal claims have different statutes of limitation. A statute of limitation is the maximum time frame an individual can pursue a lawsuit to seek compensation for their injuries. If a person injured in an accident decides to file a lawsuit after the deadline has passed 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 could delay the clock, allowing victims to file an action within a reasonable timeframe after they have discovered their injuries. This is especially important for cases involving medical negligence which could mean that the victims did not realize their injuries until some time after the occurrence that caused the injuries.

The statute of limitations could also be tolled or paused in certain circumstances, when it is unfair to allow an action to be filed within the time limit. For instance when it comes to cases involving the COVID-19 pandemic the statute of limitations was suspended until it is safe to begin filing lawsuits.

If someone is planning to seek damages for the losses they have suffered because of another's negligence They should speak with an experienced Manhattan personal injury lawyer to ensure that they don't exceed the statutes of limitations deadline. If you fail to take action, you could lose your right to compensation for medical bills as well as property damages, pain and suffering. Contact an attorney from our firm to get assistance today. We will review your claim and answer any questions you might have regarding the statute of limitations.

Preparation

An attorney's involvement may seem like a lot to add to your already hectic life after getting injured in a wreck. It is essential to know what you can expect during the initial consultation and to be prepared for the questions your lawyer may ask. You can concentrate on your health and other aspects of your everyday life, if you have the correct information.

Bring all relevant documentation and evidence to your first meeting with an attorney for accidents and injuries will only strengthen your case. Included are any medical records, bills and photos of the accident scene and vehicles involved, eyewitness reports, and any correspondence with anyone who has contacted about the incident. Also, keep receipts for expenses such as transportation costs, out of pocket health care expenses and home repairs. The information you provide will allow your attorney to calculate the exact and future economic damages that you are entitled to under your claim.

Your lawyer will be looking for details regarding the cause of your crash and the injuries you sustained as a result of it. You can practice this beforehand by writing down all the details while they are still fresh in your mind. You will be asked about the emotional or physical impacts that the injury may have had on your life and it is beneficial to make a list of these.

It is important to see an ophthalmologist immediately after an accident for a diagnosis and treatment. Not only will you be able to receive the treatment you require and your attorney will have a track record to refer to when negotiating with the insurer.

Negotiation

Someone who suffers serious injuries as a result of an accident may be overwhelmed by the legalities, and confused. Often, they are also worried about their immediate and future financial needs. Costs for medical bills, lost wages and property damage could be on their list. Fortunately, personal injury lawyers can help injured accident victims to receive fair compensation from responsible insurance companies through a variety of tactics during the negotiation process.

One of the most important things an attorney can do during negotiations, is to precisely and thoroughly examine the extent of their client's losses. To determine the magnitude of a client's loss lawyers will need to obtain evidence from experts like doctors and economists. Lawyers also make sure to include all accident-related expenses in their accounting including future costs as well as other factors like diminished earning capacity, emotional suffering.

Once an attorney has established the true worth of the claim, they will send an order letter to the insurance company. The demand letter will usually detail the amount of settlement that the person who has been injured is seeking, including past and future medical costs, 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 many states there is a limit to the amount of damages awarded to a party who is responsible for an accident will be reduced by their share of total responsibility. To avoid this issue, an experienced lawyer for accidents and injuries will scrutinize the responsible party's insurance policy to make sure that they are seeking compensation up to the maximum amount permitted by the policy.

Trial

After a thorough evaluation of the incident and the injuries you sustained, your attorney will determine how much compensation you need to cover your expenses. They will then present this request to insurance companies. This could result in negotiations that go back and forth until a settlement is reached.

If you and your insurance company are unable to reach an agreement the case will be argued before a jury or judge. The courtroom is a complex setting with strict procedures which your injury lawyer has been studying for years and practicing to master.

During the trial both parties will have the opportunity to ask witnesses questions about their knowledge of what happened. Your lawyer will also call any relevant experts to strengthen your case and help the jury comprehend the severity of your injuries and financial losses. They will also consult with your medical experts to get their opinion on the long-term effects of your injuries, as well as what your future may look like if your injuries are permanent.

Your attorney for defense may introduce evidence during the trial like documents, photographs and physical objects. They will also call in expert witnesses to discredit you, arguing that the accident might not have occurred as you claim or that your injuries were not as serious as you claim.

Both parties will have the chance to present closing arguments after all the evidence has been presented. They will highlight important elements of evidence and try to convince the juror to come to a conclusion in their favor. Depending on the severity of your case, it can take anywhere from a few hours to several days for the jury to make a decision.