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Motor Vehicle Accident Compensation in New York
You may be eligible to start a lawsuit if have suffered injuries as a result of an accident that New York considers serious. Your attorney will advise you on whether your injuries fall within this threshold.
Insurance companies are skilled in denying the extent of your losses. This can result in settlement offers that are not in the range of what you need.
Damages
If you've suffered injuries in a motor vehicle collision you could be entitled to compensation. These damages are intended to cover your costs and losses, including medical bills as well as lost income and property damage. You may also receive compensation for suffering and pain. This type of compensation could be subjective and difficult to quantify. However, a skilled and experienced tort lawyer can help you receive the most compensation for your injuries.
For example, if you have an injury that causes an indefinite limitation of the use of your leg or arm The compensation you receive could comprise compensation for future costs associated with the impairment. These could include physical therapy, surgeries, equipment or prosthetics. Additionally, a permanent loss of a limb or major disfigurement can lead to the occurrence of a lifetime of emotional trauma and diminished enjoyment of life. This is known as mental anxiety.
Non-economic damages are more intangible and insurance companies often attempt to devalue these types of harms. However, a skilled tort lawyer at Morgan & Morgan can make sure you get the full value of the general damages in your case.
Medical bills
Medical bills can quickly pile in the event of an injury during an accident. You may feel overwhelmed by the expenses particularly if you're still recovering from your injuries.
Fortunately, there are a number of different ways that car accident victims can get help with medical expenses. In New York, every driver is required to have Personal Injury Protection (PIP) insurance, which covers the victim's medical bills following an accident. PIP will pay for the loss of income if the person is disabled for upto 90 days.
Medicare and health insurance might also provide medical coverage in addition to PIP. The only restriction is that the patient must prove the costs are directly related to the accident. This can be done by submitting bills and receipts from the doctor.
Some doctors and hospitals will let an accident victim negotiate a payment agreement in exchange for a lien against the victim's personal injury verdict or settlement. These liens are also referred as hospital liens or medical liens. If you fail to settle these claims within a reasonable time of time the debts may be transferred to collection. By keeping track of and storing their mileage receipts, the victims can also claim compensation for the costs incurred when traveling to and from medical appointment.
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If you're unable to work because of an accident in your car it could be extremely difficult to pay the bills. The loss of a few weeks' pay or even a full month can be devastating for many Americans who live from paycheck to paycheck. Victims of car accidents are often able to recover lost wages through lawsuits arising from car accidents.
Typically, claims for lost wages are calculated by determining the amount of time a injured person could have been working regardless of their injuries. This could include missed shifts, overtime hours and any work performed in hospital. To prove loss of income, a demand must be made for proof from the plaintiff's employer. This can include letters that verify the amount of time missed from work and their salary or hourly rate. Other documentation can include pay stubs, copies of the injured party's last year's tax return.
It is vital that the demand document be filed as soon as it is possible after a car accident. This will allow the person who was injured to get the maximum benefits from their claim. The evidence of the accident is more convincing if promptly provided.
Pain and suffering
The physical and emotional distress that result from a car accident can be difficult to put a price on. But, it's important to seek compensation for these losses in your accident case.
These are referred to as non-economic damages. They can be the result of your pain and suffering and loss of enjoyment life Post-traumatic stress disorder (PTSD) and many other. These expenses can be difficult to quantify as it could take some time to realize the full impact of your injury.
Your lawyer will employ one of two methods to determine your pain and damages. The multiplier method is the most widely used. It involves adding all your economic losses including past and future medical expenses, lost income because of your injury, and property damage, then multiplying them by a number ranging between 1.5 to 5 to calculate your total economic damages. The higher the number, the more serious your injuries are considered.
Per diem is another way to gauge suffering and pain. Your lawyer can ask the jury to award a dollar amount per day that you endure. This is especially beneficial for accident victims that work outside the home or have children to care for as they recover.