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Motor Vehicle Accident Compensation in New York
If you're injured in a motor vehicle crash that the state of New York deems serious, you may be able to sue for compensation. Your attorney can tell you if your injuries are within the threshold.
Insurance companies are adept in denying the extent of your losses. This can result in settlement offers that fall short of what you need.
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If you've been injured in a car accident, you could be entitled to compensation. These damages are meant to cover the cost of your loss, which includes medical bills as well as lost income and property damage. You can also get compensation for pain and suffering. This type of compensation is more subjective and may be difficult to quantify. However, a skilled tort attorney can assist you in obtaining the most amount of compensation for your injuries.
If, for example, you suffer an injury that causes permanent impairment to your arm or your leg it could be possible to receive compensation for future expenses associated with the impairment. These might include physical therapy, surgeries, equipment or prosthetics. In addition, a long-term loss of a limb, or a major disfigurement could lead to the occurrence of a lifetime of emotional trauma as well as a diminished enjoyment of life. This is referred to as mental anxiety.
Non-economic damages are more intangible and insurers frequently try to devalue these types of damages. Morgan & Morgan's knowledgeable tort lawyers can ensure that you receive the entire value of your general damages.
Medical bills
If you're injured in a motor vehicle accident medical bills can pile up quickly. You might feel overwhelmed by the expenses particularly if still recovering from your injuries.
There are many ways to assist victims of car accidents pay their medical expenses. In New York, all drivers are required to carry Personal Injury Protection (PIP) which covers the initial medical expenses of a victim after an accident. PIP will also cover the loss of income for up to 90 days if an accident victim is unable to work.
Medicare and health insurance can also pay for medical expenses in addition to PIP. The only condition is that the patient must prove the costs are directly related to the incident. This can be accomplished by submitting receipts and invoices from the doctor.
Some doctors and hospitals might allow a person injured to negotiate a payment arrangement in exchange for a lien on the victim's personal injury settlement or verdict. These liens are usually called medical liens or hospital liens. If you don't resolve these liens within an acceptable time frame, the debts may be sent to collections. By keeping track of their mileage receipts, victims can also claim compensation for travel expenses to and from medical appointments.
Lost wages
If you have to miss work because of a motor vehicle crash, it can be very difficult to come up with the money. Many Americans live on a tight budget, and losing a few weeks or months of pay can be catastrophic. Car accident victims are often successful in recovering lost wages through lawsuits for car accidents.
In most cases, lost wages are calculated by calculating the time an injured person could have been able to work if it weren't for their injury. This could include any missed shifts, overtime hours, as well as any work that is performed during a hospital stay. In order to prove lost income, a demand must be made for proof from the plaintiff's employer. This could be in the form of letters that verify the amount of hours they were off work and their hourly or salary. Other documentation could include pay stubs as well as copies of the injured party's last tax return.
It is essential to submit the demand document as soon as you can following a car crash. This will allow the person injured to get the most benefits from their claim. The evidence of the accident is more convincing if promptly provided.
Suffering and pain
It isn't easy to assess the physical pain and emotional trauma caused by a crash. However, it's important to seek out compensation for these damages in the event of an accident.
These are known as non-economic damages. They can be the result of your suffering as well as the loss of enjoyment from life, post-traumatic stress disorder (PTSD), and more. These costs can be difficult to quantify as it could take a while to realize the full impact of your injury.
Your lawyer can employ one of two methods to determine your pain and suffering damages. The most common is the multiplier method in which your total economic damages are tallied up--including the future and past medical bills and any loss of income because of your injury, and damage to property. These are then multiplied by a number that ranges between 1.5 to 5. The greater the number, the more severe your injuries are deemed to be.
Another method of assessing the degree of pain and suffering is through the basis of per diem. Your lawyer can ask the jury to award a dollar amount per day you continue to suffer. This is particularly helpful to those who suffer an injury outside the house or have children to care for while they recuperate.