Why You Should Hire an Accident Injury Attorney
New York accident injury attorneys help victims of negligence receive compensation for their losses. These include medical costs as well as future income loss and pain and discomfort.
An attorney's first step is to gather pertinent details. This includes details of the incident and medical records that detail injuries.
Statute of Limitations
A statute of limitations is a law that limits the amount of time in which you can bring a lawsuit. A lawyer can help determine the statute of limitations that is appropriate for your case. This limit can vary by state and is usually determined by the nature of injury. For example, New York personal injury cases have a 3 year time limit, but there are exceptions to this that an attorney can help navigate.
The law was designed to protect defendants by making sure that plaintiffs who had legitimate claims could pursue them within a reasonable time frame and that defendants didn't have to defend against claims that were not valid. It can be difficult to collect and analyze evidence over a long period of time, particularly when witnesses die or forget the events.
In the majority of states the statute of limitations is three years for car accidents and personal injuries resulting from negligent behavior. The statute of limitations starts to run from the date of the accident. There are certain exceptions to the rule, including the case of a victim who is mentally impaired or minor. In these instances, the statute of limitations "clock" can be tolled or paused.
The statute of limitations is also different for cases involving wrongful deaths. The wrongful death claim should be filed no more than two years following the date of death. It is important to have an experienced lawyer on your team as soon as possible to ensure that you do not miss the deadline. The team at Goidel & Siegel will help you understand what the statute of limitations is and how you can get this deadline met.
Damages
If someone is injured due to negligence by another the person responsible, they may be entitled to compensation from their insurance company. However, insurance companies are focused on limiting payouts to victims of accidents and will often deny claims completely. A knowledgeable attorney knows how to deal with the insurance companies and will fight to secure a fair settlement.
Compensation damages are the most frequent kind of award given to victims of injuries. These awards are meant to pay plaintiffs' actual losses as well as any future expenses they may incur due to the accident. These awards cover compensation for medical expenses. Also included are lost wages and property damage. Other damages that could be awarded include emotional distress and punitive damages.
Punitive damages may be given to those who are found to be guilty of negligence. If someone is killed due to a defective product that was offered by a company who knew about the dangers, the manufacturer could be ordered to pay punitive damage in addition to compensatory damages.
In most instances, compensatory damages are awarded if you are able to demonstrate your case using evidence such as medical documents and testimony from witnesses. You can also use images of the scene or other relevant documents. Your attorney will gather and organize this evidence and then present it to the liable party's insurance company on behalf of you. They will then negotiate a fair settlement on behalf of you with the insurer. This may result in a settlement that does not require an appearance in court. A seasoned attorney is a pro 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 which the insurer has with the insured. The insurer promises to pay the insured a certain amount in the case of an unfortunate accident. It is crucial to select an insurance plan that is suitable for your requirements and budget. Consult an insurance expert to help you compare policies.
After an accident, the person injured is faced with medical bills as well as lost wages due the absence of work and other financial losses. The best way to obtain the cost of these losses is by filing an insurance claim. Negotiating with insurance representatives can be a stressful and confusing experience. An experienced lawyer can manage these negotiations for you and ensure you are compensated fairly.
Plaintiffs may also receive compensation for suffering and pain. This is in addition to the cost of medical bills and lost wages. This is a subjective assessment of the physical and emotional impact that the accident has on the victim. Your legal team will collect evidence, such as medical documents, witness testimony, photos of your injuries and other evidence that supports your claims for pain and suffering damages. This information will be used to determine the amount of compensation you are due.
You could be entitled to extra coverage based on the degree and severity of your injuries. This could include damages to property, wrongful deaths or loss of consortium. Your lawyer will guide you through the laws governing insurance in your state to determine which damages are available. They will also help you file lawsuits against the at-fault party if the insurance company is unable to pay the full amounts of compensation you are entitled to.
Negotiations
Negotiations with insurance companies could be a long and arduous part of the legal process for filing a claim. An experienced car accident attorney has a wealth of practical experience and training in settlement negotiations. An attorney will be aware of the strengths of a case as well as the impact it has on the life of a client, making them a much more powerful negotiator than an untrained individual.
To negotiate a settlement, the victim must first send an official demand letter to their insurance company. The letter should state the amount of the compensation they are entitled. This includes medical expenses as well as lost wages as well as future costs for treatment and subjective damages like suffering and pain. The insurance company is likely to counteroffer a lower amount. This exchange of information can go on for months or years until the settlement is reached.
During this period the insurance company might attempt to limit or reject any claims you may make. They might employ tactics like asking for excessive documentation, conducting extensive investigation, or even denying the extent of your injuries. They might also try to blame pre-existing medical conditions or find evidence, like surveillance videos and social media posts, to reduce the amount of money they have to pay.
Your lawyer will be prepared for this and make an offer that is greater than the initial offer. If Washington accident lawsuits refuses to settle for a fair amount the attorney will advise you to start a lawsuit within your state's statute of limitations. If you choose to file a lawsuit the attorney will handle all communication with the insurance company during the trial. This will allow you to concentrate on your recovery.
Trial
If your insurance company refuses to provide a fair settlement, going to trial may be necessary in order to receive the amount you are due. Your attorney will present evidence to prove the full extent of your loss and liability. During the trial, a judge or jury will listen to both sides of the story. They will determine who is accountable for the injuries and what you are entitled to compensation.
During the trial your lawyer will present photos, videos, documents and computer recreations of accident scenes eyewitness testimony, expert witnesses, and physical evidence. The defense will have a chance to challenge the plaintiff's claim with their own evidence and witnesses, and your attorney can cross-examine the defendant's witnesses.
After all the evidence has been presented, both sides will give closing arguments. Your lawyer will tie the evidence you've provided to the case you're creating, and will provide the reasons why the defendant should be paid the compensation you're asking for.
A good personal injury lawyer will have research on jury verdicts that reveal what juries usually award accident victims with injuries similar to your own. They'll use this information to help you decide if to accept the insurance company's settlement offer or pursue a trial.
Many people are reluctant to take their cases to trial because they don't want confront the hassle of a long trial. However, an experienced accident attorney will know that settling with insurance companies is often not beneficial to their clients. They will fight to get you the highest amount of money possible so that you can begin rebuilding your life.