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Motor Vehicle Accident Compensation in New York
You may be able to bring a lawsuit if were injured in an accident that New York considers serious. Your attorney can provide advice on whether your injuries fall within the criteria for this.
Insurance companies are experts in contesting your losses. Insurance companies may offer settlements that are not enough to compensate for your losses.
Damages
If you've been injured in an auto accident, you could be entitled to compensation. These damages are intended to cover your losses and expenses, including medical bills, lost wages and property damage. You can also receive compensation for pain and suffering. This kind of compensation can be subjective and hard to quantify. A skilled tort lawyer can assist you in obtaining maximum damages for your injuries.
For instance, if have an injury that causes an indefinite limitation of the use of your leg or arm the compensation you receive could include reimbursement for future costs that are due to the impairment. This could include physical therapy, surgeries, equipment or prosthetics. A permanent loss of a leg, or a disfigurement can trigger emotional trauma that lasts a lifetime and a decline in quality of life. This is referred to as mental anguish.
Non-economic damages are more intangible and insurers frequently try to diminish these types of damages. Morgan &Morgan's experienced and knowledgeable tort lawyers can ensure that you receive the full value of your general damages.
Medical bills
Medical bills can quickly add up when you're injured during an accident. The costs can seem overwhelming and difficult to manage, especially if you attempt to recover from your injuries.
Fortunately, there are a number of different ways in which car accident victims can receive help with medical expenses. In New York, every driver must have Personal Injury Protection (PIP) coverage that will pay the first medical expenses incurred by a victim following an accident. PIP will pay for the loss of income in the event that the person is disabled for upto 90 days.
Medicare and health insurance might also cover medical expenses in addition to PIP. The only restriction is that the patient must be able to prove that the costs are a result of the accident by providing doctor's bills and receipts.
Some hospitals and doctors may allow an accident victim to negotiate a payment arrangement in exchange for a lien on the victim's eventual personal injury settlement or verdict. These liens are referred to as medical liens. If you don't resolve these debts within a reasonable amount of time the debts could be transferred to collection. By tracking and storing their mileage receipts, the victims can also claim compensation for travel expenses to and from medical appointments.
motor vehicle accident attorneys davenport of wages
Being absent from work due to a motor vehicle accident can leave you in a difficult financial situation. Many Americans live pay-to-pay and losing just a few weeks, or even months of pay can be catastrophic. Fortunately, car accident victims are often able to recover lost wages in car accident lawsuits.
In the majority of cases, lost wages are calculated by calculating the time an injured individual could have been able to work if it weren't for their injury. This could include missing shifts, overtime hours and any work done while in hospital. To prove loss of income, the plaintiff must request documentation from the employer. These can be letters that prove the absence from work and their salary or hourly rate. Other documentation could include pay stubs as well as copies of the injured person's tax return from last year.
It is important that the demand form be submitted as soon as possible after a car accident. The injured party will be able to get the most benefit from their claim. Additionally, evidence of the accident is more convincing if it is given as soon as it is possible.
Suffering and pain
It can be difficult to determine the physical pain and emotional distress caused by a car accident. However, it is still important to seek compensation for these losses in your case.
These are known as non-economic damages. They can include the cost of suffering and pain and loss of enjoyment life as well as post-traumatic stress disorder (PTSD) and many more. It can take a while to fully comprehend the impact your injury has had on your life, so these costs aren't as easy to quantify as medical expenses or lost wages.
Your lawyer can use either of two methods to calculate the amount of pain and suffering. The most commonly used is the multiplier method, in which your total economic damages are tallied up--including your past and future medical expenses or loss of income from work due to your injury and property damage--and multiplied by a value that ranges between 1.5 to 5. The higher the number, the more serious your injuries are judged to be.
Another method to evaluate pain and suffering is on the basis of per diem. Under this method the lawyer can ask for a jury to award the amount you are due for each day that you be afflicted by your injury. This is especially beneficial for victims of accidents who work outside the home or who are struggling to take care of children as they recover from their injuries.