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Motor Vehicle Accident Compensation in New York
You may be eligible to pursue a lawsuit if were injured in an accident that New York considers serious. Your lawyer will tell you if your injuries meet the threshold.
Insurance companies are skilled in denying the severity of your losses. Insurance companies can offer settlements that aren't enough to cover your losses.
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If you've been injured in a motor vehicle collision you may be entitled to compensation. These damages are intended to cover your losses as well as expenses like medical expenses, lost wages, and property damage. You may also be compensated for pain and suffering. This type of compensation could be subjective and difficult to quantify. A knowledgeable lawyer in tort law can assist you in obtaining the the maximum amount of compensation for your injuries.
For example, if you suffer an injury that results in permanent limitations in the use of your arm or leg, your compensation could include the cost of future expenses that are due to the impairment. This could include physical therapy, surgeries, or prosthetics. A permanent loss of a leg or disfigurement can trigger emotional trauma that lasts for a lifetime and a decreased quality of life. This is known as mental anxiety.
Insurance companies frequently attempt to lower the value of non-economic damages, which are intangible. However, a well-trained tort lawyer from Morgan & Morgan can make sure you're awarded the full value of general damages in your case.
Medical bills
If you're injured in a motor vehicle crash medical bills can pile up quickly. You might feel overwhelmed by the costs particularly if still recovering from your injuries.
There are a variety of different ways that car accident victims can get help paying their medical expenses. In New York, all drivers are required to carry Personal Injury Protection (PIP), which pays for the victim's first medical expenses following an accident. PIP will also cover loss of income for up to 90 days in the event that the victim of an accident is unable to work.
Medicare and health insurance may also cover medical expenses in addition to PIP. The only condition is that the patient must be able to prove that the cost is related to the accident by providing medical bills and receipts.
Certain hospitals and doctors might allow an accident victim to negotiate a payment agreement in exchange for a lien on the victim's eventual personal injury settlement or verdict. These liens are commonly called medical liens or hospital liens. If you do not resolve these debts within a reasonable amount of time, the debts could be sent to collection. Victims can also seek compensation for the expenses incurred by traveling to and from medical appointments by keeping track and keeping their mileage receipts.
Loss of wages
If you are unable to work due to an accident in your car it can be extremely difficult to pay the bills. The loss of a few weeks' pay, or even a month can be a huge loss for Americans who live paycheck to paycheck. Car accident victims are often able to recover lost wages by filing lawsuits arising from car accidents.
In the majority of cases, lost wages are determined by calculating the amount of time an injured worker would have been able work if not for their injury. This could be a result of missed shifts, overtime hours, and any work performed while in hospital. To prove that there was no income, a request has to be made for documents from the plaintiff's employer. These can be letters that verify the time spent away from work, and their hourly rate or salary. Pay stubs or copies of the injured person's tax return could be included in addition to other documents.
It is important to submit the demand document as soon as possible following a car accident. This will enable the person injured to get the most benefit from their claim. The evidence of the incident is more convincing if it is provided immediately.
Suffering and pain
The physical pain and emotional trauma that can result from a car accident is difficult to place a value on. But, it's important to seek compensation for these damages in your accident case.
These are also known as non-economic damages. They could include the costs of suffering and pain and the loss of enjoyment in life as well as post-traumatic stress disorder (PTSD) and many more. These expenses can be difficult to quantify since it can take some time to comprehend the full extent of your injury.
The lawyer you hire can use one of two methods to calculate the amount of pain and suffering. The most common is the multiplier method where your total economic damages are added up--including the future and past medical expenses and any loss of income due to your injury and damage to property--and then multiplied by a number ranging from 1.5 to 5. The higher the number the more serious your injuries are thought to be.
Another method to evaluate the degree of pain and suffering is through a per diem basis. In this case, your lawyer can ask jurors to award you the amount you are due for each day you suffer from your injury. This is especially beneficial for accident victims that work outside the house or have children to take care of while they recuperate.
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