How Personal Injury Attorneys Can Help

Injuries can be costly and you are entitled to be compensated for all losses. Insurance companies are profit-driven and will fight against your claim or try to negotiate a settlement that is low.

Choose an attorney who will represent you and who will stand up to the tactics of insurance companies. Find an attorney who has dealt with cases similar to yours.

Insurance Coverage

Many people have insurance on their car and the terms of this coverage typically include a duty to defend against lawsuits from third parties claiming that the insured party is accountable for causing injury or damage. The insured party can be sued in the event that it fails to inform the insurance company within the timeframe that is stipulated in the policy which is usually around 5-10 days following the incident. This is a difficult situation 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 provide evidence regarding the amount of the losses incurred due the accident. This includes documentation of medical expenses as well as lost wages and future earnings capacity, property damage, and non-economic losses, such as pain and suffering.

Some of the losses are covered by personal injury protection (PIP) coverage which is available through your car or other insurance policies. PIP will compensate you for certain economic losses you or anyone driving your vehicle with your permission may incur after an accident. The compensation is up to $50,000 per person. It also covers the necessary rehabilitative care and services, such as 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 of your losses and does not cover non-economic damages that have been assigned a monetary value by experts in the industry. This is where having an accident and injury attorney 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

Different types of legal claims could have different statutes depending on the nature and context of the incident. The statute of limitations determines the maximum amount of time a victim has to file a lawsuit to pursue compensation for their injuries. If a person injured in an accident files a lawsuit after the statute of limitations has expired it is unlikely to succeed in their case.

The "clock" of the statute of limitations usually starts to tick when an injury or damage occurs. New York law has a discovery rule that could delay the clock and permit victims to start an action within a reasonable period after discovering their injuries. This exception is important in the case of medical malpractice where victims may not have discovered their injuries until after the incident that caused them.

The statute of limitations could also be tolled or paused in certain circumstances, if it is unfair to allow a lawsuit be filed within the time frame. For instance, in cases involving the COVID-19 pandemic the statute of limitations has been suspended until it is safe to start filing lawsuits.

When a person is seeking compensation for loss they've suffered due to another's negligent actions, they should consult with an experienced Manhattan personal injury attorney to ensure that they do not exceed the statute of limitation deadline. If you fail to act, you could lose your right to claim compensation for medical expenses as well as property damages, pain and suffering. For assistance, contact an attorney from our firm today. We will review your claim and answer any questions you have regarding the statute of limitations.

Preparation

After being injured in an accident, it may seem like you have to add a lot of extra work to your already busy schedule. It is nevertheless important to understand what to expect from the initial consultation, and prepare yourself for the questions your lawyer will ask. Having the correct information will allow you to concentrate on your health and the other aspects of your life while the attorney is working to obtain the maximum compensation for you.

Bring all the relevant documentation and evidence with you to your initial meeting with an accident injury lawyer. This will help to strengthen your case. Included are any medical records, bills, photos of the accident attorney washington state scene and the vehicles involved, eyewitness accounts and correspondence with anyone you has reached out to you regarding the incident. Also, save receipts for expenses like transportation costs, out of pocket health care expenses, and home repairs. This information will assist your attorney in calculating the future and actual economic damages you are entitled to under your claim.

Your lawyer will want the details of how your accident happened and the extent of injuries you sustained. You can practice for this ahead of time by writing down all of the details while they're fresh in your mind. You will also be asked to list any physical or psychological effects that the injury could have affected your life. It is helpful if you make a list.

It is crucial to see your doctor immediately after an accident to receive a diagnosis and treatment. Not only will you receive the care you need, but your attorney will have a track record to refer to when negotiating with the insurance company.

Negotiation

If someone suffers serious injuries in an accident, they might be overwhelmed and confused by the legal implications. Most often, they are worried about their immediate and long-term financial needs. They could have medical expenses or lost wages, as well as property damages to cover. Personal injury lawyers employ various negotiation strategies to help victims of accidents receive fair compensation from the insurance companies that are liable.

One of the most important things that an attorney can do in negotiations is to accurately and carefully assess their client's damages. This includes obtaining documentation from expert witnesses like medical professionals and economists, to establish the extent of the loss suffered by their client. Lawyers must also include all accident-related expenses in their accounts including future costs and other factors like reduced earning capacity and emotional pain.

If an attorney determines what the real value of an claim is then they'll prepare and send an order letter to the insurance company. The demand letter will typically contain the amount of compensation that the injured party is seeking, which includes the past and future medical expenses as well as lost wages and other losses. Lawyers will also include a statement stating that they are prepared to go to court if they're not satisfied with the initial offer made by the insurance company.

In the majority of states there is a limit to the amount of damages awarded to a person who is at fault for an accident will be reduced by their percentage of the total blame. An experienced accident and injury lawyer will scrutinize the insurance policy of the liable party to ensure that the amount sought is up to the maximum amount allowed under the policy.

Trial

After a thorough assessment of the incident and the injuries you sustained, your attorney will determine how much compensation you'll need to cover your losses. They will then present this demand to insurance companies. This may lead to an ongoing negotiation until a settlement is reached.

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

During the trial both parties will be able to question witnesses about their knowledge of what transpired. Your lawyer will consult with any experts that can help prove your case and show the jury the severity of your injuries. They will also speak with your medical professionals to obtain their opinions on the long-term impact of your injuries, and what your future might be should your injuries be permanent.

Your defense attorney can introduce evidence during the trial including documents, photographs, and physical objects. They will also call in expert witnesses to discredit you by arguing the accident may not have happened as you describe it or that your injuries weren't as serious as you claim.

Both parties will have the chance to make closing arguments once all the evidence has been presented. They will highlight the most important elements of evidence and try to convince the jury to come to a conclusion in their favor. Based on the gravity of your case, it could take anywhere from a few hours to several days for the jury to reach an informed decision.