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Motor Vehicle Accident Compensation in New York
If you are injured during a motor vehicle accident that the state of New York deems serious, you could be eligible to file a lawsuit for compensation. Your lawyer will be able to tell you if your injuries are within the threshold.
Insurance companies are skilled in arguing over the magnitude of your losses. This can result in settlement offers that fall short of what you're looking for.
Damages
If you've suffered injuries in a motor car accident, you may be entitled to compensation. These damages are intended to pay for your expenses and loss, which includes medical bills along with lost income, as well as property damage. Additionally, you can receive compensation for pain and suffering. This type of compensation could be subjective and hard to quantify. However, a skilled tort lawyer can help you receive the most compensation for your injuries.
For instance, if suffer an injury that results in permanent limitations in the use of your arm or leg the compensation you receive could include compensation for future costs that are a result of this impairment. These might include physical therapy, surgeries, equipment or prosthetics. A permanent loss of a limb or disfigurement could cause emotional trauma for a lifetime and a decline in quality of life. This is referred to as mental anguish.
Insurance companies often attempt to decrease the value of non-economic damages which are considered to be intangible. However, a well-trained tort lawyer from Morgan & Morgan can make sure you're awarded the full worth of general damages in your case.
Medical bills
When you are injured in a motor vehicle accident medical bills can mount up quickly. You might feel overwhelmed by the bills especially if you're still recovering from your injuries.
Fortunately, there are a number of different ways that car accident victims can get assistance in paying their medical expenses. In New York, every driver is required to carry Personal Injury Protection (PIP) coverage that will pay a victim's initial medical expenses following an accident. PIP will cover the loss of income if the person is disabled for upto 90 days.
In addition to PIP, a victim's health insurance and Medicare can also be used to pay their medical expenses. The only catch is that the patient has to be able proof that the cost is related to the accident by submitting doctor's bills and receipts.
Some doctors and hospitals might allow a victim of an accident to negotiate a settlement in exchange for a lien on the victim's personal injury settlement or verdict. These liens are also referred as medical liens. If you fail to resolve these liens within a reasonable period of time, the debts could be sent to collection. By storing and tracking their mileage receipts, the victims are also able to claim compensation for travel expenses to and from medical appointment.
Lost wages
If you are unable to work due to an accident with a motor vehicle it can be extremely difficult to pay the bills. Losing a few weeks of pay or even a whole month can be a huge loss for Americans who live from paycheck to paycheck. Fortunately, car accident victims typically recover lost wages in car accident lawsuits.
In most cases, the lost wages are determined by calculating the amount of time an injured individual would have been able work if it weren't for their injury. This could include missing shifts, overtime and any work done while in hospital. In order to prove lost income, a request should be made for documentation from the plaintiff's employer. These can be letters that document the time they spent away from work, as well as their hourly rate or salary. Pay stubs, or copies of the person who was injured's last tax return may be added as additional documentation.
It is essential to submit the demand form as soon as possible after a car accident. The injured party will be able to get the most benefit from their claim. In addition the evidence of the accident could be more convincing if it is presented as soon as it is possible.
Pain and suffering
It isn't easy to assess the physical pain and emotional stress that result from a car crash. But, it's essential to seek compensation for these losses in the case of your accident.
These are known as non-economic damages. They can include the cost of your suffering and loss of enjoyment life as well as post-traumatic stress disorder (PTSD) and much more. motor vehicle accident lawsuit bakersfield are difficult to quantify as it could take some time to realize the full impact of your injury.
Your lawyer can use either of two methods to calculate pain and suffering damages. The most common is the multiplier method, where your entire economic damages are added up--including the future and past medical expenses and any loss of income from work due to your injury and damage to property. Then, it is multiplied by a number that ranges from 1.5 to 5. The higher the number, more severe the injuries are judged to be.
The other way to assess the degree of pain and suffering is through an hourly basis. With this method the lawyer can ask a jury to award you the amount you are due for each day that you continue to be afflicted by your injury. This can be especially helpful for those who suffer injuries outside of the home or are struggling to care for children while they recover from their injuries.