Why You Should Hire an Accident Injury Attorney
A New York accident injury attorney assists victims of negligence in obtaining compensation for their losses. This includes medical expenses, future lost income and pain and discomfort.
The first step for an attorney is to gather pertinent details. This includes details about the accident and medical records describing injuries.
Statute of Limitations
A statute of limitations is a law that sets a limit on how long after an accident you can make a claim. It is essential to have a lawyer assist you determine the right time limit for your particular case. This limit can vary by state and is usually determined by the nature of injury. For instance, New York personal injury cases have a three year time limit, but there are exceptions that an attorney can help you with.
The law was created to protect defendants by making sure that plaintiffs who had valid claims pursued them within a reasonable time, and that defendants didn’t have to defend against old claims. In addition, settlements it can be difficult to collect and analyze evidence over time, particularly when witnesses die or forget what transpired.
In the majority of states the statute of limitations is three years for car accidents as well as personal injuries caused by negligent behavior. The statute of limitations starts at the time of the accident. There are, however, certain exceptions to the rule, for instance when the victim is mentally incapacitated or minor. In these situations the statute of limitations “clock” may be paused or tolled.
The time limit for filing a claim is different in wrongful death cases. Wrongful death claims must be filed within two years of the date of the death of the deceased. It is important to have a knowledgeable lawyer to assist you as soon as you can so that you do not be late. The team at Goidel & Siegel can help you learn about the time limit and the steps to be taken to ensure that you meet this important deadline.
Damages
In the event that an individual is injured as a result of negligence of someone else the person could be entitled to a payout from an insurance company. However insurance companies are focused on limiting their payouts to texas accident attorneys victims and often refuse claims altogether. An experienced attorney knows how to handle insurance companies and will fight to secure a fair settlement for your losses.
Compensation damages are the most popular type awarded to injury claimants. These awards are meant to compensate plaintiffs for their actual losses as well as any future expenses they may incur due to the accident. Typically the payment of medical bills is included in these types of awards. Property damage and lost wages are also included. Other damages that could be awarded include punitive and emotional distress damages.
Punitive damages are an aspect of punishment given to those who are found guilty of negligence. If a person dies by a defective product that was manufactured by a business that was aware of the dangers, the company could be ordered to pay punitive damages in addition to compensatory damages.
Compensation is usually awarded by proving your case through evidence like medical records, witness testimony photographs of the scene of the accident and other relevant documents. Your lawyer will collect and organize the evidence and present it to the liable party’s insurance company on your behalf. They will then negotiate an equitable settlement with the insurer, which could result in a settlement without needing to go to court. An experienced attorney will be adept at negotiating with insurance adjusters and often get higher settlements than you would on your own.
Insurance
An insurance policy is a contract between the insurer and the insured in which the insurer agrees to pay a specific amount of money to the insured in case of an unfortunate event, such as an accident. It is important to select an insurance plan that fits 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.
After an accident, the injured person has to pay for medical treatment, settlements lost wages resulting from absence from work, and other financial expenses. The best way to obtain compensation for these losses is by filing an insurance claim. However dealing with insurance agents can be stressful and confusing. A knowledgeable lawyer can handle these negotiations on your behalf, and ensure you get 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 measure of the emotional and physical impact the accident has had 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 determine the amount of compensation that you are due.
Depending on the severity of your injuries, you may be eligible for additional insurance such as property damage, wrongful death, and loss of consortium. Your attorney will help you navigate the laws governing insurance in your state to determine which damages are available to you in your specific situation. They can also assist you to make a claim against the responsible person if they don’t give you the total amount of compensation you are entitled to.
Negotiations
The legal process of submitting claims for damages may require lengthy negotiations with insurance companies. A seasoned lawyer for car accidents has a wealth of knowledge and experience in settlement negotiation. An attorney is aware of the strengths of a case as well as the impact it has on the life of a client which makes them a more effective negotiator than an untrained person.
The first step to negotiate an agreement is to send an offer letter to the insurance company that defines the amount of compensation a victim is entitled to. This includes medical expenses, lost income, costs for future treatment, as well as subjective damages, such as pain and suffering. The insurance company is likely to make a counteroffer with a lower amount. This back-and-forth can continue for months or even years before the settlement is made.
During this period the insurance company will attempt to do anything it can to minimize or dismiss your claims. They could employ tactics such as requesting excessive documentation, conducting extensive investigation, or even denying the severity of your injuries. They may also blame pre-existing conditions or attempt to locate evidence, such as surveillance videos or social media posts in order to reduce the amount they must pay.
Your lawyer will be ready to make a counteroffer that is higher than the initial offer. Your attorney will tell you to file a suit if the insurer refuses a fair settlement. Your attorney will manage all communications between you and the insurance company throughout the trial if you choose to pursue this. This allows you to concentrate on your recovery.
Trial
If your insurance company is unwilling to settle the claim in a fair manner, you may need to go to trial to receive the compensation you deserve. Your attorney will provide evidence to prove the extent of liability and the totality of your losses. During the trial the jury or judge will hear each side of the story and determine who is responsible for your injuries and how much money you are entitled to.
During the trial, your lawyer will present photographs documents, videos, documents and computer recreations of accident scenes eyewitness testimony, expert witnesses and physical evidence. The defense will have the opportunity to disprove the plaintiffs’ argument with their own evidence and witnesses, and your lawyer will be able to cross-examine witnesses of the defendant.
After all evidence has been presented, the parties will deliver closing arguments. Your attorney will link the evidence you’ve provided to the case you are creating, and explain why the defendant should pay you the amount you’re requesting.
A reputable personal injury lawyer will also have research on jury verdicts that reveals what juries are likely to award victims of accidents who’ve suffered injuries similar to yours. This research will assist you in deciding whether you’d prefer 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 hassles of a long legal battle. However, an experienced accident lawyer will know that settling with insurance companies is often not beneficial to their clients. They will fight to get you the most money possible in order that you can begin rebuilding your life.