How Personal Injury Attorneys Can Help
Injuries can be costly and you are entitled to be compensated for all damages. Unfortunately, insurance companies are profit-oriented and will fight to deny your claim or insist on a low-ball settlement.
Select an attorney who will serve as your advocate, and who will fight against the tactics of the insurance company. Look for a lawyer with previous experience in cases similar to yours.
Insurance Coverage
Many people have car insurance and the terms of that insurance typically include a duty to defend against lawsuits brought by third parties who claim that the insured party is liable for causing injury or damage. If the insured party isn't able to give the insurance company notice within a time period defined in the policy (typically around 5 or 10 days after the accident) the company could be sued for failing to meet its duty to defend. You may require legal help in this situation, especially in the event that your insurance company has refused to compensate you for your losses or refuses to take your side.
An experienced attorney can provide evidence as to the magnitude of losses incurred due the accident. This includes documentation for medical expenses and lost earnings and loss of future earning potential as well as property damage and other non-economic damages such as discomfort and pain.
Personal injury protection (PIP) which is offered through insurance policies for autos and other types will cover a portion of these losses. PIP covers certain economic losses incurred by you or any other person driving your car with your permission after an accident that can be up to $50,000 per person in total. It also covers necessary rehabilitative care and services such as rehabilitative therapies cleaning services, housekeeping services, or transportation costs to and from doctor's appointments as well as other occasions related to your recovery.
PIP, however, will not cover all of your losses. It also does not cover non-economic damages that have been valued by industry experts. This is where having an attorney for accidents and injuries working on your behalf can make a an enormous difference, as they can seek compensation from the at-fault party in addition to your own insurer.
Statute of Limitations
Based on the nature of an incident, different types of legal claims have different statutes of limitations. A statute of limitations defines the maximum amount of time a victim has to start a lawsuit in order to seek compensation for their injuries. If an accident victim files a lawsuit after the time limit has expired it is unlikely to win their case.
The "clock" of the statute of limitations usually begins to tick when a damage or injury occurs. New York law has a discovery rule that may delay the clock, allowing victims to start a lawsuit within a reasonable period after discovering their injuries. This is crucial in the event of medical negligence where the victims may not have been aware of their injuries until after the incident that caused them.
The statute of limitations could also be tolled or paused in certain situations, if it is unfair to let an action to be filed within the time frame. For instance when it comes to cases involving the COVID-19 pandemic the statute of limitations has been suspended until it is safe to start filing lawsuits.
If a person is seeking damages for the loss they've suffered as a result of another's negligence, they must consult with a seasoned Manhattan personal injury attorney to ensure that they don't overrun the statute of limitations deadline. In the event of a delay, it could result in the loss of the right to claim compensation for medical expenses and property damage as well as suffering and pain. Contact an attorney at our firm today for assistance. We will review your claim and respond to any questions you may have about the statute of limitations.
Preparation
Working with an attorney may seem like a lot of work to add to your already hectic life after being injured in a wreck. It is crucial to be aware of what to expect in the initial meeting and to be prepared for the questions your lawyer could ask. Redlands accident attorney can focus on your health, and other aspects of your everyday life if you have the right information.
Bring all relevant documentation and evidence with you to your first consultation with an accident and injury lawyer. This will help strengthen your case. Included are medical records, bills, photos of the accident scene and vehicles involved, eyewitness statements and any correspondence with anyone who has contacted about the incident. Save receipts from expenses like transport costs, health care out-of-pocket costs, and home repair. Providing this information will allow your attorney to calculate the future and actual economic damages you're entitled to under your claim.
Your lawyer will want the specifics of how the accident happened and the injuries you sustained. Note down the details as soon as you are able to. You will be asked about any physical or emotional impacts that the injury may have had on your life as well, so it can be beneficial to make 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. Not only will you be able to receive the care you need as well, but your lawyer will have a history to present in negotiations with the insurer.
Negotiation
When a person suffers severe injuries in an accident, they may be overwhelmed and confused about the legalities involved. Most often, they are worried about their immediate and future financial needs. Loss of wages, medical expenses, and property damage may be on their list of priorities. Personal injury lawyers employ several negotiation tactics to help victims of accidents get fair compensation from insurance companies that are accountable.
One of the most important things an attorney can do during negotiations is to precisely and thoroughly assess their client's damages. To establish the extent of a client's loss lawyers must seek evidence from experts like medical and economic experts. Lawyers should include in their accounts all accident-related costs, including future expenses as well as other factors like reduced earning capacity and mental distress.
Once an attorney has established the true value of the claim they will send a letter of demand to the insurance company. The demand letter will typically detail the amount of settlement that the injured party is seeking, including the past and future medical expenses, lost wages, and other losses. Lawyers will also include the statement that they are prepared to go to trial should they not be satisfied with the initial offer.
In many states the amount of damages awarded to an individual who shares blame for an accident is reduced by their share of total responsibility. To avoid this problem, an experienced accident and injury lawyer will review the liable party's insurance policy to make sure that they are able to claim compensation up to the maximum amount permitted by the policy.
Trial
After a thorough evaluation of the accident and the injuries you sustained, your lawyer will determine how much compensation you'll need to pay for your losses. They will then present this demand to insurance companies, which could result in back and forth negotiations until an acceptable settlement amount is agreed upon.
If you and the insurance company cannot reach an agreement on an agreement your case will go to trial before a jury or judge. The courtroom is a complex environment with strict rules of procedure that your injury lawyer has spent years studying and practicing to master.
During the trial, both sides are able to challenge witnesses under oath regarding their knowledge of the incident. Your lawyer will consult with any experts who can help you establish your case and demonstrate to the jury the severity of your injuries. They will also consult your medical records to seek an opinion from doctors about the long-term consequences of your injuries as well as what your future may look like if they're permanent.
Your lawyer for defense can present evidence in court including documents, photographs, and physical objects. They will also call experts to discredit you by arguing the accident may not have occurred the way you have described it or that your injuries weren't as severe as you claim.
Both sides will be able to present their closing arguments after all evidence has been presented. They will draw attention to important elements of evidence and try to convince the jury to come to a conclusion in their favor. Depending on the severity of your case, it could take up to a couple of hours to several days for the jury to make a decision.