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Why You Should Hire an Accident Injury Attorney
A New York accident injury attorney assists victims of negligence to receive compensation for their losses. This includes medical expenses and future loss of income and pain and suffering.
The first step for an attorney is to gather all pertinent information. This includes the details of the incident and medical records detailing injuries and treatment as well as a list of responsible parties, and insurance details.
Statute of Limitations
A statute of limitations is a law that sets the time limit for when after an accident you may bring a lawsuit. A lawyer can help determine what statute of limitations is appropriate for your case. The statute of limitations is usually based on the type of injury, however, it may differ depending on the state. New York personal injury claims have a limitation period of three years. However, there are exceptions. An attorney can help you navigate these.
The law was designed to protect defendants by ensuring that plaintiffs with valid claims were able to pursue them within a reasonable period of time, and that defendants did not have to defend against claims from the past. It can also be difficult to gather and review evidence over an extended period of time, particularly when witnesses pass away or forget the events.
In the majority of states the statute of limitations is three years for car accidents as well as personal injuries resulting from negligence. The statute of limitations starts at the date of the accident. There are exceptions to this rule for instance, if the victim is mentally impaired or a child. In these instances the "clock" of the statute of limitations can be tolled or stopped.
The statute of limitations is also different for cases involving wrongful deaths. The wrongful death claim should be filed no more than two years after the date of death. It is crucial to have a competent lawyer at your side as quickly as you can so that you don't miss the deadline. The team at Goidel & Siegel will help you understand the statute of limitations is and how you can get this deadline met.
Damages
If someone is injured by the negligence of another the person responsible, they may be entitled to compensation from their insurance company. However insurance companies focus on limiting payouts to victims of accidents, and they often deny claims completely. An experienced attorney knows how to deal with insurance companies and will fight to secure an appropriate settlement for your losses.
The most frequent kind of damage awarded to injury claimants is compensatory damages. These awards are designed to pay plaintiffs' actual losses, as as any future expenses they might incur as a result of the accident. Typically, compensation for medical bills is included in these kinds of awards. Also included are lost wages as well as property damages. Other damages that could be awarded include punitive damages and emotional distress.
Punitive damages are a form of punishment given to those who are found guilty of negligence. If a person is killed due to a defective product that was offered by a company who was aware of the dangers, the manufacturer could be ordered to pay punitive damages in addition to compensatory damages.
In most instances, compensatory damages are granted if you can prove your case with evidence like medical documents and testimony from witnesses. You can also use photos of the scene of the accident or other relevant documents. Your lawyer will organize and collect this evidence and then present it on behalf of the client to the insurer of the responsible party. They will then negotiate a fair settlement on behalf of you with the insurance company. This could result in an agreement that doesn't require an appearance in court. An experienced lawyer will be adept at negotiating with insurance adjusters and often get more favorable settlements than you could on your own.
Insurance
A policy of insurance is a legal contract that the insurer enters into with the insured. The insurer promises to give the insured a certain amount of money in the event of an unfortunate accident. It is crucial to choose an insurance policy that meets your budget and needs. The best way to compare different policies is to consult an insurance expert who will help you select the most suitable one for you.
Following an accident, the person injured is faced with medical bills and lost wages due to the absence of work and other financial losses. The best way to recover the compensation needed for these losses is to file an insurance claim. However, dealing with insurance representatives can be stressful and confusing. A knowledgeable lawyer can handle these negotiations on your behalf and make sure you receive fair compensation.
Plaintiffs may also be awarded compensation for pain and suffering. This is in addition to the cost of medical bills and lost wages. This is a subjective measurement of the physical and mental impact the accident has on the victim. Your legal team will gather evidence like medical records, witness testimony, photos of your injuries and other documentation that supports your claims for pain and suffering damages. The information you gather will be used to calculate the amount of compensation you're owed.
Depending on the severity of your injuries, you may be entitled to additional coverage such as property damage, wrongful death, and loss of consortium. Your attorney will guide you through the laws regarding insurance in your state to determine which damages are available. They can also assist you to file a suit against the responsible party if they fail to give you the complete amount of compensation you are entitled to.
Negotiations
Negotiations with insurance companies can be a long part of the legal process involved in making an insurance claim. An experienced attorney for car accidents will have a lot of practical experience and training in settlement negotiations. An attorney is aware of the strengths of a case as well as how it can impact a client's life, making them a much more successful negotiator than a untrained individual.
The first step to negotiate the settlement is to submit a demand letter to the insurance company. It sets out the amount of compensation the victim is entitled to, which includes medical expenses and lost income, as well as costs for future treatment, as well as subjective damages, such as pain and suffering. The insurance company will typically respond with a lower counter offer. This back-and forth can last for months or years before the settlement is reached.
During this time the insurance company will attempt to do anything it can to minimize or the amount of your claims. They may use tactics like asking for excessive documentation, conducting thorough investigations, or denying the severity of your injuries. Chesapeake accident lawsuits may also try to blame pre-existing medical conditions or find evidence, such as surveillance videos or social media posts, to reduce the amount of money they have to pay.
Your lawyer will be prepared for this and make a counteroffer greater than the initial offer. If the insurer is unwilling to accept a fair amount, your attorney will advise you to file a lawsuit within your state's statute of limitations. Your attorney will then manage all communications between you and the insurance company throughout the trial if you decide to pursue this. This will allow your focus to be on your recovery.
Trial
If your insurance company is unable to offer a fair settlement, a trial could be necessary to receive the money you deserve. Your attorney will present evidence to establish the full extent of your losses and liability. During the trial the jury or judge will hear each side of the story and determine who is accountable for your injuries and the amount of money you should receive.
During the trial, your lawyer will present documents, photos, videos and computer simulations of the accident scene, eyewitness testimonies as well as expert witnesses and physical evidence. The defense will be able to counter the plaintiffs' arguments by presenting their own witnesses and evidence, and your lawyer will have the ability to cross-examine defendant's witnesses.
Both parties will present closing arguments after all evidence is presented. Your attorney will link the evidence you've presented to the case you're creating, and explain why the defendant should pay you the amount you're requesting.
A good personal injury lawyer will have research on jury verdicts that show the amount of money juries tend to to award victims of accidents with injuries similar to your own. This research will help you decide if you'd like to accept an insurance company's offer to settle or go to court.
Many people avoid going to court because they do not want to face the stress of a lengthy legal battle. However, a seasoned accident lawyer will know that settling with insurance companies is often not beneficial to their clients. They will fight to get the most money possible in order that you can begin rebuilding your life.