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Car auto accident damages are meant to compensate victims for their losses. Some of the damages include medical bills, property damage and the pain and suffering.
In New York, you have up 3 years to initiate legal action after an accident, but waiting too long can harm your case. Evidence can be lost over time or destroyed. Witnesses may not remember important details.
Damages
In the case of a car accident victims may be compensated for their economic losses, auto accident such as medical bills or lost wages. They can also receive compensation for non-economic damages, such as suffering and pain. The amount you receive will depend on the severity of your injuries and the impact they'll have on your life.
A skilled auto accident attorney can assist you in determining the value of your injuries as well as property damage, and then negotiate with the insurance company to reach a fair settlement. Remember that insurance companies are in business to earn a profit. That means that they will attempt to settle your claim for as little as they can. Therefore, you require an attorney who understands how to fight for the highest amount of money you are entitled to.
In addition to the cost of repairing your vehicle, you can also claim compensation for personal items that were damaged by the accident. This includes your clothes, shoes and jewelry. You may also be eligible for compensation for costs related to housekeeping, gardening or childcare, if you are unable to do these tasks because of your injuries.
When determining the value of your claim, the deductible will also be considered. You must pay your deductible before the insurance company can begin to pay for the damages. You can then sue the motorist at fault to recover any remaining damages.
Medical bills
Medical expenses arising of a car crash could quickly add up. The cost of an ambulance ride, hospital stay, and inpatient care can run into tens or thousands of dollars or more. Moreover, the cost of physical therapy, prescription medications and other treatment options can continue to rise as the accident victim continues to recover.
The driver who is at fault is responsible for Auto accident paying a victim's losses including medical expenses in the event that they are found to be responsible in an action. The law does not require that the at-fault driver pay for the medical expenses of their victim on regular basis.
If you don't reside in a state that is no-fault your first step in getting reimbursement for medical expenses is to apply for PIP coverage (personal injury protection). The insurance coverage can cover all or the majority of your medical costs, dependent on the policy limits.
You should also file a claim with the car insurance of the driver at fault for any liability insurance they have in addition to the uninsured motorist insurance on your own car policy. These insurance policies may reimburse the medical expenses you incur but they typically come with deductibles and other conditions that you must adhere to. A skilled lawyer can assist you get your medical bills paid. This will avoid having to pay your own money on medical care and will allow you to focus on your recovery.
Loss of wages
Car accident injuries can prevent you from going to work. This can result in you being without income and unable to pay your bills. You might need to borrow money from family or friends. It could take a long time to settle your case. In that time, you must continue to pay your bills from your pocket, and then wait for the settlement.
A claim for lost wages may assist you in recovering the amount you could have earned not for the injuries sustained in your car accident. This can include hourly earnings and salary, but can also include other financial advantages like bonuses and raises. Your lawyer can determine the actual amount of lost earnings.
You can make a claim through an insurer with no fault or sue the party at fault for lost wages. The claim will typically involve medical expenses, proof that you were unable to work because of your injuries, and proof of your lost earning capacity. This is often referred to as the demand package.
You'll need to submit a letter from your employer confirming the specifics of your employment and the days you were absent due to your injury and the hours you typically work. Additionally, you will need to provide your pay stubs and tax documents. Your attorney can assist you in gathering these documents as well as prepare a compelling demand to present to the insurer or judge in your case.
Suffering and pain
While some costs associated with accidents can be estimated to the penny, such as medical bills, emergency services as well as surgery costs, medications, and lost wages--others cannot. These damages that aren't quantifiable are called pain and suffering and are an essential element in an injury claim.
Both the physical and emotional effects of an accident are associated with suffering and pain. The injuries suffered by a victim could have a lasting impact on their life which can lead to permanent disabilities or even death. For example, an injured victim who suffers from a crippling brain injury is unlikely to get back to normal functioning. These kinds of injuries can be worth an enormous settlement.
In most cases, the amount pain and suffering the victim endures is contingent on the degree of their injuries and how the injury has impacted their lives. An experienced lawyer will investigate the specifics of your case and decide the appropriate amount of settlement. They will use previous settlement amounts for similar accident injuries as a guide to give you an idea of what your case may be worth in terms of suffering and pain.
Unfortunately, insurance companies often try to deflect victims with claims of suffering and pain by saying that their emotional or physical injuries aren't severe enough. A skilled lawyer will defend against such tactics and negotiate on behalf of the insurer to ensure that you receive an appropriate settlement.
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