How Personal Injury Attorneys Can Help

You should be compensated for all the damages you have suffered. Insurance companies are primarily focused on profit and will try to deny your claim or try to negotiate a settlement that is low.

Choose a lawyer who will represent you and who will challenge the insurance company's tactics. Find an attorney who has dealt with similar cases to yours.

Insurance Coverage

The majority of people have auto insurance. The policies typically include a defense obligation against third-party lawsuits that claim the insured is responsible for injury or property damage. Unless the insured party is in a position to give the insurance company a notice within the time period defined in the policy (typically around 5 or 10 days after the accident lawsuits), it can be sued for failing to meet its duty to defend. This is a complicated scenario for which you may need legal help, especially if the insurance company has decided not to accept your case or refuses to pay damages.

An experienced attorney will be able to prove the extent of the damages that have occurred as a result of the accident. This includes the documentation of medical expenses, lost wages, loss of future earning capacity, property damage and non-economic losses, such as suffering and pain.

Certain of these losses are covered by personal injury protection (PIP) coverage which is available through your auto or other insurance policies. PIP compensates you for certain economic losses that you or anyone else driving your vehicle with your permission may incur after an accident. The amount is up to $50,000 total per person. It also covers rehabilitation care and services like rehabilitative therapy cleaning services, housekeeping or transportation costs to and from doctor's appointments as well as other occasions related to your recovery.

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

Statute of limitations

Different kinds of legal claims may have different statutes based on the nature and context of the incident. A statute of limitation is the period of time in which a victim can bring a lawsuit to obtain compensation for their injuries. If an accident attorney victim decides to file a lawsuit after the statute of limitations has expired, it's unlikely that they will win.

The "clock" of the statute of limitations typically starts ticking when a damage or injury occurs. However, New York law also has a discovery requirement that could delay the clock, allowing victims to bring lawsuits within a reasonable amount of time after they have discovered their injuries. This exception is important in cases of medical malpractice in which the victims might not have been aware of their injuries until after the incident that caused them.

In addition, the statute of limitations can be shortened, or even suspended in certain instances in the event that it is unfair to allow an action to be filed within the allotted time. For example, in cases involving the COVID-19 pandemic the statute of limitations has been suspended until it is safe to begin filing lawsuits.

If a person wants to seek damages for the losses they've suffered as a result of another's negligence they should consult an experienced Manhattan personal injuries attorney to make sure they don't miss the statutes of limitations deadline. If you fail to act, you could lose your right to receive compensation for medical bills, property damage and pain and suffering. Contact an attorney at our firm for assistance today. We will review your claim, and answer any questions that you might have about the statute of limitations.

Preparation

An attorney's involvement may seem like a lot of work to add to your already busy life after getting injured in a wreck. It is nevertheless important to know what you can expect from the initial consultation and prepare yourself for the questions your lawyer will ask. The correct information will allow you to focus on your health and other aspects of your life, while the lawyer works to get the maximum compensation available for you.

Bring all relevant documentation and evidence to your initial meeting with an accident and injury attorney will only strengthen your case. This includes any medical records, bills, photos of the scene and vehicles involved in the accident eyewitness accounts, correspondence from anyone who has contacted you regarding the incident. Keep receipts of expenses such as transport costs, health care out-of pocket expenses, and home repair. This information will allow your attorney to determine the actual and future damages you are entitled to.

Your lawyer will need specifics of how the accident happened and the injuries you suffered. Note down the details as soon as you are able to. You will also be asked to list any psychological or physical impacts that the injury could have had on your life. It can be beneficial to make a list.

In the end, it's an ideal idea to see a medical professional to diagnose and treat your injuries as soon as possible after the best accident injury lawyers. This will not only enable you to receive timely care, but it will give a detailed record of your condition for the attorney to use during negotiations with the insurance company.

Negotiation

If someone suffers serious injuries from an accident, they may be overwhelmed and confused about the legalities involved. They are often also worried about their immediate and future financial requirements. They could have medical expenses as well as lost wages and property damages to cover. Fortunately, personal injury lawyers can assist injured victims to receive fair compensation from insurance companies through a variety of tactics during the negotiation process.

One of the most important things that a lawyer can do during negotiations is to carefully and accurately assess their client's losses. This involves obtaining evidence from experts such as economists and medical professionals to demonstrate the magnitude of the loss suffered by their client. Lawyers should include in their financial statements all accident-related costs, including future expenses as well as other factors such as diminished earning capacity and mental trauma.

Once an attorney knows what the real value of the claim the lawyer will draft and send a demand letter to the insurance company. The demand letter will typically include the amount of settlement that the injured party is seeking, which includes the past and future medical expenses, lost wages and other losses. Lawyers will also include a statement that they will be prepared to go to trial in the event that they are not happy with the initial offer.

In many states, if one party is at fault for an accident, the amount awarded for their damages will be reduced by the proportion of the total blame assigned to them. To avoid this problem, a seasoned accident and injury attorney will review the liable party's insurance policy to confirm that they are able to claim compensation up to the maximum amount permitted by the policy.

Trial

Your attorney will assess the severity of your injuries and the accident to determine the amount of compensation you require to cover your expenses. They will then present this demand to the insurance companies, which could result in back and forth negotiations until a satisfactory settlement is agreed upon.

If you and your insurance company fail to reach an agreement, the case will be tried before a jury or judge. Your injury lawyer has spent many years studying and observing the courtroom's strict rules.

During the trial, both sides have a chance to question witnesses under oath about their knowledge of the incident. Your lawyer will consult any experts who can help strengthen your case and help the jury comprehend the severity of your injuries and your financial damages. They will also consult your medical records to get an opinion from doctors about the long-term impact of your injuries and how your future could look like if they're permanent.

Your defense attorney will have their own chance to introduce evidence during the trial, which could include photographs and documents as well as physical objects. They will also call experts to challenge your claims by arguing that the accident isn't the manner 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 conclude their arguments. They will draw attention to important elements of evidence and try to convince the jury to make a decision in their favor. Depending on the seriousness of your case, it can take between a few hours to several days for the jury to reach an informed decision.