Motor lawsuits Vehicle Accident Compensation in New York

If you're injured in a motor vehicle accident that the state of New York deems serious, you could be eligible to file a lawsuit to seek compensation. Your attorney will advise you whether your injuries are within the criteria for this.

Insurance companies are experts in contesting your losses. This can lead to settlement offers that are not in the range of what you require.

Damages

If you've suffered injuries in a motor vehicle crash, you may be entitled to compensation. These damages are intended to cover your expenses and losses, including medical expenses as well as lost income and property damage. You may also receive compensation for pain and suffering. This type of compensation can be subjective and difficult to quantify. However, a skilled and experienced tort attorney can help you get the most compensation for your injuries.

If, for instance, you suffer an injury that results in permanent impairment of your leg or arm the compensation could include future costs that are associated with the impairment. These might include surgeries and physical therapy or equipment or prosthetics. In addition, a permanent loss of a limb, or a major disfigurement may result in an ongoing cycle of emotional trauma and diminished enjoyment of life. This is referred to as mental anxiety.

Non-economic damages are more intangible, and insurers often try to minimize these kinds of harms. However, a knowledgeable lawyer at Morgan & Morgan can make sure that you receive the full value of the general damages in your case.

Medical bills

When you are injured in a motor vehicle crash medical bills can mount up quickly. It is possible to feel overwhelmed by the expenses particularly if still recovering from your injuries.

There are many ways to assist victims of car accidents pay for their medical bills. In New York, all drivers are required to carry Personal Injury Protection (PIP) which covers the first medical expenses of the victim following an accident. PIP will also cover the loss of income for up to 90 days if an accident victim is unable to work.

In addition to PIP as well as a victim's health insurance and Medicare may also pay for their medical expenses. The only condition is that the patient has to prove that the charges are directly connected to the accident. This can be done by submitting receipts and invoices from the doctor.

Some hospitals and doctors will let an accident victim negotiate a settlement agreement in exchange for a lien against the victim's personal injury verdict or settlement. These liens are referred to as medical liens. If you fail to resolve these liens within an acceptable time frame, the debts may be sent to collections. By keeping track of their mileage receipts, the victims may also be able to claim reimbursement for travel expenses to and from medical appointments.

Loss of wages

A missed work day due to an accident at the wheel can leave you in a difficult financial position. Many Americans live pay-to-pay and losing just a few weeks or months of pay could be catastrophic. Fortunately, those who suffer from car accidents are able to often get back lost wages through car accident lawsuits.

In most cases, the lost wages are calculated by calculating how much time an injured person would have been able work if it weren't for their injury. This can include missed shifts, overtime hours, and any work performed while in hospital. In order to prove lost income, a request must be made for evidence from the plaintiff's employer. This can include letters that confirm the absence from work as well as their salary or hourly rate. Other documents could include pay stubs, copies of the injured person's tax return from last year.

It is vital to ensure that the claim package is filed as soon as it is possible following an accident. The injured party will be able to receive the maximum benefit out of their claim. Additionally, evidence of the accident can be more convincing when it is made available as quickly as possible.

Pain and suffering

It is difficult to quantify the physical and emotional trauma caused by a car crash. It is essential to seek compensation in your accident case for these losses.

These are called non-economic damages. They could include the costs of suffering and pain and the loss of enjoyment in life and post-traumatic stress disorder (PTSD) and many more. These costs are difficult to quantify because it may take some time to realize the full impact of your injury.

Your lawyer can employ one of two methods to calculate pain and suffering damages. The most commonly used method is the multiplier system, where your total economic damages are tallied--including the future and past medical expenses or loss of income because of your injury, and property damage--and multiplied by a number that ranges between 1.5 to 5. The higher the number is the more serious your injuries are thought to be.

Another way to measure the extent of suffering and pain is to use a per diem basis. If you are using this method your lawyer could ask the jury to award you the amount you are due for each day you suffer from your injury. This is especially helpful for accident victims that work outside of the home or have children to take care of while they recuperate.