How Personal Injury Attorneys Can Help

The cost of injuries can be high and you should get all the damages. Insurance companies are primarily focused on profit and will fight against your claim or attempt to get a lowball settlement.

Select an attorney who will be your advocate and will stand up to the tactics of the insurance company. Choose a lawyer who has experience handling cases like yours.

Insurance Coverage

Most people have auto insurance. The terms of the policy often include a duty of defense against third-party lawsuits alleging that the insured party is responsible for injuries or property damage. The insured party can be sued in the event that it fails to inform the insurance company within the timeframe stipulated in the policy, which is typically 5-10 days following the incident. This is a complex situation where you might require legal advice, especially when the insurance company has decided to not join in with you or refuses to cover your damages.

An experienced attorney can provide evidence as to the extent of losses caused by the accident. This includes documentation of medical expenses, lost earnings, loss of earning potential in the future as well as property damage and non-economic damages like pain and discomfort.

Certain of the losses are covered by personal injury protection (PIP) coverage that can be purchased through your auto or other insurance policies. PIP offers compensation for certain economic losses suffered by you or any other person driving your car with your permission after an accident up to $50,000 per person in total. It also covers rehabilitative services and treatments, such as housecleaning rehabilitation therapies, house cleaning, transportation to and from doctor's visits or other occasions connected to your recovery.

However, PIP does not cover all your losses, and does not address non-economic damages that have been assigned a monetary value by experts in the industry. This is where having an attorney for accidents and injuries working on your behalf can make a an important difference, since they will seek compensation from the party at fault in addition to your own insurer.

Statute of Limitations

The nature of the incident different types of legal claims have different statutes of limitation. A statute of limitations defines the maximum amount of time the victim must file a lawsuit to pursue compensation for their injuries. If a victim of an accident files their lawsuit after the statute of limitations has expired, it is highly unlikely that they will succeed.

The statute of limitations "clock" typically begins ticking on the day that an injury or damage occurs. New York law has a discovery rule that could delay the clock and allow victims to file an action within a reasonable timeframe after discovering their injuries. This is particularly important in the case of medical malpractice in which the victims might not have realized their injuries until after the act that caused them.

Additionally, the statute of limitations may be shortened, or even suspended in certain instances if it would be unfair to allow a lawsuit to be filed within the time limit. In cases involving the COVID-19 Pandemic, for instance, the statute of limitation has been suspended until the right time has come to start filing lawsuits.

If someone wants to seek damages for the losses they've suffered as a result of the negligence of another they should consult an experienced Manhattan personal injury lawyer to ensure that they don't exceed the statutes of limitations deadline. Failing to do so could result in the loss of the right to seek compensation for medical expenses and property damage as well as the pain and suffering. Contact an attorney at our firm today for assistance. We will examine your claim and address any questions you might have about the statute of limitations.

Preparation

After being injured in an accident, it might seem like you have to add a lot more to your already busy schedule. It is important to know what you can expect during the initial consultation, 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 the lawyer will work to secure the highest amount of compensation you can get.

Bring all the relevant documentation and evidence with you to your first consultation with an accident and injury attorneys and injury lawyer. This will help strengthen your case. This includes medical records, bills, photos of the scene and the vehicles involved in the accident, eyewitness accounts, and correspondence from anyone who has contacted you regarding the incident. Also, keep receipts for expenses like transportation expenses, out-of-pocket health expenses, and home repairs. This will allow your attorney to determine the actual and future damages you're entitled to.

Your lawyer will be looking for details about how your wreck occurred and the injuries you sustained as a result of it. Write down the details as soon as you are able to. You'll be asked to write down any psychological or physical effects that the injury might have affected your life. It can be helpful if you make a list.

Finally, it is an ideal idea to see an expert medical professional for diagnosis and treatment of your injuries as soon as is possible following the accident. This will not only enable you to receive prompt treatment, but it will give a detailed 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 feel overwhelmed and confused about the legalities involved. Often, they are also worried about their long-term and immediate financial needs. They could have medical expenses or lost wages, as well as property damages to cover. Fortunately, personal injury lawyers can assist injured victims of accidents to secure fair compensation from insurance companies using a variety of strategies during negotiations.

One of the most important things a lawyer can do during negotiations is to carefully and accurately assess the losses of their client. This includes obtaining documentation from experts like economists and medical professionals, to establish the extent of the loss suffered by their client. Lawyers should also include all expenses related to accidents in their accounts including future costs as well as other factors, such as reduced earning capacity and emotional distress.

After an attorney has determined the true value of the claim they will write a letter of demand to the insurance company. The demand letter will usually include the amount of settlement that the injured party is seeking, including the future and past medical expenses along with lost wages, and other losses. Lawyers will also include an assurance that they are prepared to go to trial should they not be satisfied with the initial offer.

In many states there is a limit to the amount of damages awarded to a person who is at fault for an accident will be diminished by their proportion of total fault. To avoid this issue an experienced accident and injury lawyer will scrutinize the responsible party's insurance policy to ensure that they are able to claim compensation up to the maximum amount allowed under the policy.

Trial

Your lawyer will evaluate the severity of your injuries and the accident to determine the amount of compensation you need to cover your expenses. They will present this demand to the insurance companies, which may result in back and forth negotiations until a fair settlement is agreed upon.

If you and the insurance company can't reach an agreement on the amount of a settlement, your case will be argued before a judge or a jury. The courtroom is a tense environment with strict rules of procedure which your injury lawyer has spent years studying and practicing to master.

During the trial, both parties will be able to question witnesses about their knowledge of what transpired. Your lawyer will consult any experts relevant to support 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 get opinions from medical professionals about the long-term impact of your injuries as well as what your future might be like if they were permanent.

Your lawyer for defense can present evidence at trial, such as documents, photos and physical objects. They'll also summon expert witnesses to discredit your claims by arguing that the incident isn't the manner you describe or that your injuries aren't as serious as you claim.

When all the evidence is presented after which both sides will get the opportunity to conclude their arguments. They will highlight the most important elements of evidence and try to convince the juror to make a decision 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 reach an informed decision.