Hiring a car accident lawyer is essential whether you’ve been in a minor fender bender or a major collision. Insurance companies will likely minimize or deny your valid claim.
Auto Accident Attorney Duluth has good judicial connections and comfort when going to trial. Ask them about their experience with your type of case and settlements they’ve obtained.
Fault is the key issue in car accident claims. Insurance companies are willing to settle a claim only when they can demonstrate that their insured driver was at fault for the crash. When a fault is disputed, it can make the entire case much more challenging and time-consuming. Thankfully, a reputable auto accident attorney can help to level the playing field.
The first step in determining fault is to carefully analyze what happened immediately before the crash. This will include reviewing the driving histories of both parties, checking for any traffic violations and examining the accident scene. Insurance companies will look for any signs of negligence, such as speeding or running a red light. They will also consider any evidence from witnesses, such as testimony regarding the drivers’ actions and statements at the scene of the crash.
One of the most important things you can do if you are involved in a car accident is to seek prompt and thorough medical attention. Doing so will reduce the risk of complications and infections, as well as strengthen your case by establishing the connection between your injuries and the accident. You should always seek treatment within the first few days after your crash, as this can prevent an insurance company from denying your injury claims by arguing that you waited too long to receive care.
After the crash, it is essential to take a number of clear photographs of the damage to your vehicle and to the other vehicles involved in the accident. You should also write down the names and contact information of any witnesses. Witness testimony can be very valuable, as it may support your perspective of what occurred during the accident. It is important to remember that any statements you make at the scene of the accident can be used against you later on, as insurance companies may use words and phrases you said in your state of shock and stress to try to find reasons to deny your claim.
Even if the insurance company finds that you are at fault for the crash, it does not mean you should give up on your rights to fair compensation. You can still file a claim with the other driver’s liability insurance or a personal injury protection (PIP) policy to get full financial resolution for your damages. In fact, filing a lawsuit might be your only option if the insurance company refuses to settle with you.
Medical Bills
If you’re injured in a car accident, you will likely incur medical bills related to your treatment. These bills can be extremely expensive, depending on the severity of your injuries and the type of care you need. In some cases, you may be able to use your health insurance coverage to pay your medical bills related to the car accident until the case is resolved. However, it’s important to consult with your personal injury attorney before you do so.
In most states, if you are injured in a car accident you must obtain personal injury protection (PIP) or no fault coverage from your auto insurance company to cover your medical bills. In no-fault states, your PIP coverage will cover up to $50,000 of your medical expenses regardless of who was at fault for the car accident.
When you’re involved in a car accident, it’s important to have copies of all your medical bills, prescription drug information and other documentation related to the accident. This is so your attorney can add this to the demand for compensation you file with the at-fault driver’s insurance company.
Another common concern is that medical providers, including hospitals and doctors’ offices, sometimes engage in a practice known as balance billing, which means they bill you directly for the portion of the healthcare bill that wasn’t paid by your insurance company. This is unethical and many states have passed laws against it.
Finally, you may need to pay back your health insurance company for the money they paid for medical bills related to the car accident once a settlement is reached with the at-fault party’s insurance company. This is called subrogation and it is something that a knowledgeable car accident lawyer can help you navigate.
Your personal injury lawyer can help you negotiate a fair and reasonable settlement that addresses all your damages, including past and future medical expenses related to the car accident. They will also make sure that any outstanding medical bills or liens are satisfied prior to or at the time you receive your settlement check.
Lost Wages
In addition to medical expenses, car accident victims can also incur significant lost wages. Fortunately, New York’s no-fault auto insurance system (PIP) provides immediate relief to cover these economic losses up to a certain amount without considering who was at fault. However, it’s important to fully understand the categories of recoverable damages, qualifying criteria, and calculating methods.
Generally speaking, lost wages consist of the total amount that an individual would have earned from work if not for their injuries, based on the number of days they were absent from work and the average salary or wage in their occupation. This calculation typically takes into account overtime, tips, bonus pay, commissions, and similar sources of income. Your lawyer will help you gather the necessary evidence to support a lost wages claim, including paystubs and employer statements.
If your lost wages exceed the limits of PIP, or if your injuries meet the state’s “serious injury” standard, you can file a lawsuit against the at-fault driver to seek additional compensation. A qualified Garden City car accident attorney will thoroughly evaluate your lost wages and other economic losses and fight to ensure you receive the full and fair compensation you deserve.
Along with lost wages, medical bills, and property damage, pain and suffering is one of the most common compensable damages in a car accident case. While it’s difficult to put a dollar figure on emotional trauma and mental stress, a skilled auto accident attorney can use their knowledge of New York law to negotiate a settlement that will fairly compensate you for this loss.
If you’ve been injured in a car accident, it can be overwhelming dealing with the many different parties involved. An experienced injury attorney can take over the negotiation process, helping you avoid unnecessary delays and ensuring you receive fair compensation for your injuries. They can also handle complex legal issues related to liability and damages, allowing you to focus on your recovery. Contact an injury attorney today to schedule a free consultation.
Damages
Car accidents can be very traumatic, and they can lead to injuries that have long-lasting effects. Depending on the severity of your injuries, you may be entitled to compensation from the at-fault driver’s auto liability insurance for medical expenses, lost income, property damage, and noneconomic damages such as pain and suffering. Trying to navigate the complicated process of filing insurance claims and negotiating with the at-fault insurance company while trying to heal from your injuries can be stressful. Having an NYC car accident attorney on your side can help to alleviate this burden by handling all the details of your case and ensuring that you receive a full and fair settlement.
A car accident can result in a wide range of injuries, from minor bruises to severe head trauma and spinal cord injury. In some cases, these injuries can even cause permanent disabilities and disfigurement. The first step in recovering compensation is proving that your injuries meet the state’s serious injury threshold. This can be done by obtaining documentation from a medical professional that establishes the existence of your injuries and their severity.
Your attorney can also assist you in pursuing compensation for any property damage you sustained in the crash, including the cost of repairing your vehicle or paying for its fair market value if it was a total loss. He or she can also help you claim compensation for any additional costs you might have incurred as a result of your injuries, such as transportation to and from doctor’s appointments and home modifications to accommodate your physical limitations.
The final aspect of a successful claim for compensation is establishing the extent of your losses and proving that you deserve the amount you are seeking. Unfortunately, insurance companies are not known for being charitable and will often challenge and minimize the severity of your injuries in an effort to reduce the amount they must pay you. Having an experienced New York City car accident lawyer on your side can help you fight back against these tactics.
When you need legal representation after a car accident, contact the NYC car accident attorneys at Gregory Spektor & Associates P.C. Our tenacious lawyers can help you recover both economic and non-economic damages. We work on a contingency fee basis, meaning that we only get paid when we win your case. We are available to discuss your case 24 hours a day, 365 days a year.