Why You Should Hire an Accident Injury Attorney
A New York accident injury attorney helps victims of negligence get compensation for their losses. This includes medical expenses, future lost income and pain and discomfort.
The first step for an attorney is to gather all relevant information. This includes details of the incident and medical records describing injuries.
Statute of limitations
A statute of limitations is a law that imposes a limit on how long after an accident you can bring a lawsuit. A lawyer can help determine which statute of limitations is appropriate for your case. This can differ from state to state and is usually determined by the nature of injury. New York personal injury claims have a limitation period of three years, however there are some exceptions. An attorney can assist you in navigating these.
The law is intended to protect defendants by ensuring that plaintiffs with valid claims are able to pursue them within a reasonable period of time, and that defendants don't have to try to defend against a long-standing claims that are no longer relevant. Keep Reading can also be difficult to gather and analyze evidence over the course of a long time, especially if witnesses die or forget the events.
The majority of states have a 3-year period of limitation for personal injuries caused by negligence and other common kinds of negligence cases. The statute of limitations starts at the date of the accident. There are, however, some exceptions to this rule, for instance when a victim is a mentally impaired or minor. In these situations, the "clock" of the statute of limitations could be stopped or tolled.
The statute of limitation is different in the case of wrongful deaths. Wrongful death claims must be filed within two years of the date of death of the deceased. It is important to have a competent lawyer to assist you as soon as you can so that you don't be late. The team at Goidel & Siegel will help you know the statute of limitations is and how to meet this crucial deadline.
Damages
If someone is injured as a result of the negligence by another, they may be entitled to a reimbursement from their insurance company. However insurance companies focus on limiting their payouts to victims of accidents and they often deny claims completely. An experienced attorney knows how to deal with insurance companies and will fight for a fair settlement for your damages.
Compensation damages are the most common type of compensation awarded to claimants for injuries. These awards are meant to reimburse plaintiffs' actual losses as well in any future costs they might incur as a result of the accident. These awards include compensation for medical expenses. Property damage and lost wages can also be included. Other damages that can be awarded include emotional distress and punitive damages.
Punitive damages are a form of punishment given to those who are found to be negligent. For instance in the event that someone dies due to a defective product sold by a company who is aware about the risks of their products, they might be ordered to pay punitive damages in addition to compensatory damages.
In the majority of cases, compensatory damages are granted if you can prove your case with evidence such as medical documents and testimony from witnesses. You may also make use of images of the scene or other relevant documents. Your lawyer will arrange and collect this evidence and then present it on behalf of the client to the insurance company of the responsible party. They will then negotiate a fair settlement for you with the insurance company. This could result in an agreement that does not require the court appearance. An experienced attorney is a professional when it comes to negotiating with insurance adjusters. They can often get higher settlements for you than if you were to do it yourself.
Insurance
An insurance policy is a contract between the insured and the insurer in which the insurer agrees to pay a particular amount of money to the insured in the event of a tragic event such as an accident. It is essential to choose an insurance plan that fits your budget and requirements. Talk to an insurance professional to assist you in comparing policies.
Following an accident, the person injured is faced with the cost of medical treatment, lost wages from absence from work and other financial expenses. Insurance claims are the most effective way to recover compensation. However, dealing with insurance representatives can be difficult and confusing. A skilled lawyer can manage these negotiations on your behalf and make sure you get fair compensation.
In addition to covering medical expenses and lost income Plaintiffs also have the right to compensation for their pain and suffering. This is a subjective measure of the physical and mental impact that the accident had on the victim. Your legal team will collect evidence, including medical records, witness testimony, photographs showing your injuries, and other documents to support your claim for pain-and-suffering-related damages. This information will be used to determine the amount you are owed.
Based on the severity of your injuries, you could be eligible for additional coverage 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 what damages are available to you in your particular situation. They will also assist you in bringing an action against the party at fault in the event that the insurance company fails to provide the full amount of compensation you are entitled to.
Negotiations
The legal process of filing claims for damages may involve lengthy negotiations with insurance companies. An experienced lawyer for car accidents has a wealth of experience and training in settlement negotiation. An attorney understands the strengths of a specific case and how it will affect the client's life. This makes them a better negotiator.
The first step in negotiating the settlement is to submit a demand letter to the insurance company. The demand letter specifies the amount of the compensation a victim is entitled to. This includes medical expenses and lost income, as well as costs for future treatment, as well as subjective damages such as suffering and pain. The insurance company is likely to counteroffer an amount that is lower. This back-and-forth can continue for months or even years before the settlement is made.
During this period, the insurance company is likely to do anything it can to minimize or the amount of your claims. They might employ tactics such as soliciting excessive documentation or conducting thorough investigations or denying the severity of your injuries. They may also try to blame medical conditions that are already present or locate evidence, such as surveillance videos or social media posts, to cut down the amount they must pay.
Your lawyer will be ready for this and make an offer greater than the initial offer. Your attorney will tell you to file a lawsuit in the event that the insurer does not agree to an acceptable settlement. If you decide to do so the attorney will handle all communications with the insurance company during the trial. This will allow your attention to be on your recovery.
Trial
If your insurance company is unwilling to settle the claim fairly you may have to go to trial in order to receive the compensation you deserve. Your lawyer will present evidence to establish liability and the full amount of your losses. During the trial, a jury or judge will hear each side of the story and determine who is accountable for your injuries and how much amount of compensation you should receive.
During the trial, your lawyer will present photos, videos, documents and computer simulations of accidents, eyewitness testimony, expert witnesses, and physical evidence. The defense will have the opportunity to challenge the plaintiff's claim by presenting their own evidence and witnesses, and your lawyer will be able to cross-examine witnesses of the defendant.
Both parties will present closing arguments after all evidence has been presented. Your lawyer will connect the evidence you've presented to the case you are creating, and explain the reasons why the defendant should be paid the amount you're asking for.
A reputable personal injury lawyer will also have research on jury verdicts that shows what juries tend to award victims of accidents who have suffered injuries similar to your own. They'll use this information to help you decide if to accept the settlement offered by the insurance company offer or pursue a trial.
Many people are afraid to take their cases to trial because they don't want confront the stress of a lengthy court battle. But an experienced accident injury attorney will know that settling with insurance companies often doesn't benefit their clients. They will fight for you to get the highest settlement so that you can start rebuilding your life.