How Personal Injury Attorneys Can Help
Injuries can be costly, and you deserve to get all the injuries. Insurance companies are profit-driven and will fight against your claim or try to negotiate a settlement that is low.
Select an attorney who will represent you and who will stand up to the insurance company's tactics. Choose a lawyer who has previous experience in cases similar to yours.
Insurance Coverage
Many people have car insurance and the terms of this coverage usually include a duty defend against lawsuits brought by third parties claiming that the insured party is responsible for causing injury or damage. Unless the insured party is able to give the insurance company a notice within the time frame stipulated in the policy (typically between 5 and 10 days after the accident), it can be accused of not having fulfilled its obligation to defend. This is a complicated scenario where you might require legal assistance, particularly if the insurance company has chosen not to take your side or refuses to cover your damages.
An experienced attorney can provide evidence regarding the amount of losses caused by the accident. This includes documentation for medical expenses and lost earnings and loss of earning potential in the future, property damage, and non-economic damages like discomfort and pain.
Certain of the losses are covered by personal injury protection (PIP) insurance which is available through your car or other insurance policies. PIP compensates you for certain economic losses that you or any other driver of your vehicle with your permission could incur after an accident. The compensation is up to $50,000 total per person. It also covers rehabilitation services and care like house cleaning and rehabilitative therapies. It also covers transportation to and from doctor's appointments or other events that are 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. An attorney for accidents and injuries can make a huge difference in this scenario, as they will seek compensation from both your insurance company as well as the party responsible for the accident.
Statute of Limitations
The nature of the incident, different types of legal claims have different statutes of limitations. A statute of limitation is the time limit within which an individual can bring a lawsuit to obtain compensation for their injuries. If an accident victim is able to file a lawsuit after the statute has expired, it is unlikely that they will be successful.
The "clock" of the statute of limitations usually starts ticking when an injury or damage occurs. However, New York law also has a discovery requirement that can delay the clock, allowing victims to file lawsuits within a reasonable amount of time after they've discovered their injuries. This is particularly important in the case of medical malpractice where the victims may not have been aware of their injuries until after the act that caused them.
The statute of limitations could be extended or paused in certain circumstances, if it is unfair to let a lawsuit be filed within the time frame. For example when it comes to cases involving the COVID-19 pandemic, the statute of limitations was suspended until it is safe to start filing lawsuits.
If a person seeks compensation for injuries they've suffered as a result of another's negligence, they must consult with an experienced Manhattan personal injury attorney to ensure that they don't exceed the statute of limitation deadline. If you don't take action, you could lose your right to receive compensation for medical bills as well as property damages, suffering and pain. Contact an attorney from our firm for assistance today. We will review your claim and answer any questions you may have about the statute of limitations.
Preparation
The process of hiring an attorney can seem like a lot of work to add to your already hectic life following an accident or being injured in a wreck. However, it is crucial to know what to expect from the initial consultation and prepare for the questions that your lawyer will ask. Knowing the relevant information will allow you to focus on your health and the other aspects of your life, while the lawyer is working to obtain the maximum amount of compensation you can get.
Bring all relevant documentation and evidence to your initial meeting with an accident and injury attorney will only strengthen your case. Included are medical records, bills and photographs of the scene of the accident and the vehicles involved, eyewitness accounts, and correspondence with anyone who has contacted you about the incident. Also, save receipts for expenses like transportation costs, out of pocket health care expenses and home repairs. Providing this information will assist your attorney in calculating the future and actual economic damages you're entitled to under the terms of your claim.
Your lawyer will want the details of how your accident happened and the extent of injuries you suffered. You can prepare for this ahead of time by writing down all the details while they are fresh in your mind. You will be asked about the emotional or physical impacts that the injury may have affected your life and it is helpful to write a list of these.
In the end, it's recommended to see an expert medical professional to determine the cause and treatment for your injuries as soon as possible following the accident. This will not only ensure that you to receive prompt treatment, but it will keep a record of your condition for the attorney to use during negotiations with the insurance company.
Negotiation
If a person sustains severe injuries as a result of an accident, they may be overwhelmed and confused by the legal implications. Often, they are also worried about their immediate and long-term financial requirements. They could have medical expenses, lost wages and property damage to pay for. Personal injury lawyers can employ various negotiation strategies to help injured accident survivors get fair compensation from the insurance companies that are liable.
One of the most important things that a lawyer can do during negotiations is to be attentive and accurately assess their client's losses. This involves obtaining evidence from experts like medical professionals and economists, to prove the extent of their client's losses. Lawyers must also include all accident-related expenses in their financial statements, including future costs and other factors such as reduced earning capacity and emotional suffering.
After an attorney has determined the value of the claim, they will write an order letter to the insurance company. The demand letter will usually contain the amount of compensation that the injured party is seeking, including past and future medical costs along with lost wages, and other losses. Lawyers will also include a declaration that they're willing to file a lawsuit in case they're not happy with the initial offer from the insurance company.
In most states, the amount of damages awarded to an individual who is responsible for an accident will be reduced by their proportion of total fault. To avoid this problem an experienced accident and injury lawyer will review the liable 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 accident and the injuries you sustained, your attorney will determine how much compensation you'll need to cover your expenses. They will then present this request to insurance companies. This could lead to an ongoing negotiation until the 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. Your injury lawyer has spent many years studying and practicing the courtroom's strict rules.
During the trial, both parties will have the chance to ask witnesses questions about their knowledge of what happened. Your lawyer will consult any experts who can help strengthen your case and help the jury to understand the extent of your injuries and your financial damages. They will also look over your medical records to obtain an opinion from your doctor regarding the long-term consequences of your injuries and what your future might look like if they're permanent.
Santa Barbara accident lawyer can introduce evidence at trial, such as photographs, documents, and physical objects. They will also call experts to discredit your claims by arguing that the accident could not have occurred in the way you describe, or that your injuries aren't as serious as you claim.
Both sides will have the opportunity to make closing arguments once all evidence has been presented. They will highlight important pieces of evidence and attempt to convince the juror to make a decision in their favor. Depending on the severity of your case, it could take anywhere from a few hours to several days for the jury to reach a decision.