Accidental injuries are all too common. When you or someone you love gets hurt, you deserve justice and fair compensation to cover your losses.
An experienced lawyer can guide you through the process. They’ll start by reviewing your case in a consultation. This includes gathering information, identifying liable parties, and assessing your injury. Click the Best Accident Injury Lawyer Duluth to learn more.
A car accident can significantly impact your life, resulting in expensive medical bills, lost wages, property damage, and other losses. Your attorney can help you recover compensation for these financial and non-financial damages. The first step is determining what your losses are and how much compensation you deserve. An experienced lawyer can calculate your total economic damages, which include all expenses related to your injury. This includes monetary losses such as medical bills and lost wages (up to a maximum of $50,000 per person under New York’s no-fault insurance policy), but also intangible costs such as pain and suffering and future loss of income.
Placing a value on the harm you have suffered is no easy task. A lawyer can assess the physical and psychological effects of your injuries, including emotional trauma and loss of quality of life. They can also take into account the impact on your family and friends, referred to as your loss of consortium.
The other main area in which a car accident lawyer can be of assistance is dealing with the insurance companies involved. This is particularly important because insurance companies are adept at finding ways to decrease the amount of compensation you receive, even when your losses and injuries clearly exceed their relatively low policy limits.
An experienced accident injury lawyer is often able to negotiate a higher settlement than you would have been able to secure on your own. This is because they can demonstrate to the insurance company that your claim is valid by reviewing and analyzing evidence from medical experts, accident reconstruction specialists, and other professionals. They can also use their experience to anticipate how the insurer will respond and how best to approach negotiations. An additional benefit is that many car accident lawyers work on a contingency fee basis, which aligns their interests with yours and incentivizes them to work efficiently and effectively to maximize the compensation you receive. This is especially true for cases that involve serious injury or death.
Statute of Limitations
In most cases, the statute of limitations determines when an injury victim can sue an at-fault party. This timeframe is designed to ensure that a case is brought to court before any evidence becomes dated or irrelevant. Failing to meet this deadline can result in a lawsuit being dismissed by the courts without even being heard, thereby eliminating any chance of recovering compensation.
It is crucial to consult with a knowledgeable insurance claims lawyer in Manhattan as soon as possible after an accident so that the statute of limitations can be discussed. In many cases, the statute of limitations is able to be “tolled” under certain circumstances. For example, the period may be delayed if the victim is under the age of 18.
The statute of limitations can vary greatly depending on the type of claim and who the defendant is. For instance, when suing a municipality, like the City of New York, there is a much shorter statute of limitations than with other entities. Furthermore, medical malpractice claims typically have a statute of limitations that begins when the patient realizes or reasonably should have known they were injured by a particular physician’s actions.
When bringing a claim against an employer or government entity, there are often additional deadlines that must be met in addition to the statute of limitations. These can include filing a notice of claim within 90 days after an incident or initiating a lawsuit within one year and 90 days from the date of an accident.
Meeting the statute of limitations is a major concern that our legal team addresses for every client. We take care to make sure that all of the relevant laws and regulations are complied with, so our clients can have the best chance at success. Contact us today for more information on how to get started. We offer free consultations and work on a contingency basis. This means that you only pay for our services if we win your case. This is a risk-free way to have a skilled Manhattan personal injury attorney working on your behalf.
Preparing a Case
After your injury, you’ll need to start documenting all of your damages. This means keeping all receipts and bills from your medical care, as well as keeping track of any time you had to miss work due to your injuries. Having the proper documentation will help your lawyer build your case for maximum compensation.
In addition to proving the extent of your losses, your lawyer will also need to determine what kind of monetary compensation you’re entitled to receive. Often, the most clear-cut losses are your medical expenses and lost income, but there are other kinds of losses you may be able to claim as well, such as pain and suffering. In some cases, your attorney will have to hire experts to properly calculate the amount of your loss.
When it comes to settling your case, most of these disputes are resolved through negotiations with the defendant’s insurance company. Your lawyer will prepare a demand letter that will outline the incident, your injuries, and your claim for compensation. During this process, your lawyer will negotiate on your behalf to ensure that any settlement you accept adequately covers all of your losses and damages.
If a negotiated settlement isn’t possible, your lawyer will take your case to trial. Your case will be heard before a jury of your peers, and the verdict from this trial will determine how much money you’ll ultimately receive for your losses. During the trial, your lawyer will present all of your evidence and arguments to help you get the fairest settlement possible.
Before your case is called to trial, you and your attorney will review the evidence that you’ll be presenting to the jury. Once you’re ready, your attorney will schedule a jury selection meeting. During this process, the attorneys for both sides will select six jurors and two alternates to hear your case. The jurors will be unbiased individuals from your community who have no pre-conceived ideas about your case or the factual issues that you’re disputing.
Once your jury has been selected, the trial will begin. During the first part of your trial, the court will only determine whether the defendant is responsible for your accident. The second part of your trial, if there’s a liability finding, will be when the jury decides how much you’re owed for your losses and damages.
Negotiating a Settlement
Once your attorney has fully investigated the circumstances of your accident (including fault), has gathered medical records and other documents, and knows or can reasonably forecast the full extent of your losses, they will send the insurance provider a demand letter asking for a fair settlement. The insurance company will then begin negotiations, often with low initial offers that require counteroffers. This back-and-forth can last for several rounds until a satisfactory agreement is reached.
A key part of the negotiation process is showing how your injuries and losses have impacted your life. Your lawyer will help you document these losses, including the cost of your medical care and lost wages, as well as emotional distress and diminished quality of life. They will also take into account any expenses you have had or may incur in the future and will work to ensure that your compensation includes them all.
During this process, your attorney will remain calm and focused to prevent getting manipulated by the insurance company. They will also consider litigation, if necessary, to force the insurance provider to offer a more generous settlement.
It is important to remember that the other party’s insurance company is trying to minimize its own liability and maximize its profits. The other party will decide whether or not to settle with you based on what it believes the jury is likely to do in your trial. Your attorney will work hard to convince the other party that a trial is risky for them, as well as you, and that settling out of court is in their best interests.
Once you and the insurance company agree on a fair settlement amount, your attorney will draft and sign a legal document detailing the terms of the agreement. They will also prepare a release of liability form and provide you with a check. It is important to review this document carefully and ask any questions you might have. Once signed, the release will terminate your ability to pursue other claims against the person who caused your accident. This step is vital to ensuring that you receive the full compensation you deserve.