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Car accident damages are meant to compensate victims for their losses. Some of the damages include the cost of repairs to property, medical bills and pain and suffering.
In New York you have three years following an accident to make a claim. But, if you wait too long can hurt your case. Evidence could be lost over time or destroyed. Witnesses could forget important information.
Damages
In the event of a crash, victims can receive compensation for their economic losses, such as medical bills or lost wages. Additionally, they may be compensated for non-economic damages like pain and suffering. The amount of your claim is worth will depend on the severity of your injuries and their impact on your life.
A skilled lawyer for auto accidents can assist you in determining the worth of your injuries and the damage to your property, and negotiate a fair settlement with the insurance company. However, remember that insurance companies are in business to make money. They will do everything they can to pay your claim as inexpensively as they can. This is why you need an attorney who understands how to ensure that you receive the maximum amount of money that you deserve.
You may also be eligible to claim compensation if you own personal items that were damaged during the accident. These include your shoes, clothing and jewelry. You may also be eligible for compensation for expenses relating to garden maintenance, housekeeping or childcare, if are unable to do these tasks because of your injuries.
Your deductible can also be a part of the equation when determining much your claim is worth. You'll have to pay your deductible before the insurance company will begin to compensate you for your losses. You can then sue the motorist at fault for any remaining damages.
Medical bills
The medical expenses that result from a car crash can quickly accumulate. The average cost of an ambulance ride, hospital stay and inpatient therapy can be tens of thousand dollars or more. Additionally, the cost of physical therapy, prescription medications and other medical care could increase as the victim continues to recover.
The driver at fault is accountable for paying a victim's losses as well as medical expenses when they are found to be liable in an action. The law doesn't require that the at-fault driver pay for the medical expenses of their victim on an ongoing basis.
If you don't reside in a state that is no-fault your first step in receiving reimbursement for medical expenses is to apply for PIP coverage (personal injury protection). Based on the limits of your policy the coverage may cover most or all of your medical expenses.
You should also make claims against the liability coverage of the motorist at the fault, as well as your own uninsured driver policy. These policies may reimburse you for your medical costs, but they often come with deductibles or other terms. An experienced lawyer can help you navigate through the process of obtaining reimbursement for medical expenses. This will let you save money on medical bills and concentrate on your recovery.
Loss of wages
Car accidents can cause you to miss work. This can leave you with no income and struggling to pay your bills. You may have to borrow money from your friends or family members. It could take months to settle your case. In the meantime, you will be required to continue paying your bills out of your own pocket and wait for your settlement.
A claim for lost wages could help you recover the money you could have earned not to be injured in a car accident. This can include hourly earnings and salary, but could also include other financial benefits such as bonuses and raises. Your attorney can calculate the actual loss earnings.
You can submit a claim for lost wages through a non-fault insurance company or a lawsuit against the party at fault. The claim typically involves your medical bills, evidence that you were unable to work due to injuries, as well as documentation of your lost earning capacity. It is also called the demand package.
You'll need to submit a written statement from your employer that confirms the specifics of your employment and the days you were absent because of your injury and the hours you usually work. You'll need your paystubs, tax forms and other relevant documents. Your attorney can help you in assembling these documents and creating a compelling demand that you can give to the insurance company or judge in your case.
Pain and suffering
Certain expenses incurred in accidents can be calculated down to the penny, such as emergency services, medical costs, surgery, medications lost wages, etc. But others aren't. The unquantifiable damages are referred to as pain and suffering and are an important aspect of the claim for compensation of a victim.
Both the physical and emotional consequences of an accident can be as a result of suffering and pain. A victim's injuries could be long-lasting and impact their lives, leading to permanent impairment or even death. A person suffering from a debilitating head injury, like is likely to never be capable of working or functioning normally. These types of injuries are often worth a substantial settlement.
In the majority of instances, the amount of pain and suffering the victim endures is contingent on the degree of their injuries and how the injury has affected their lives. An experienced attorney will investigate the details of your case to determine an appropriate settlement. They will utilize previous settlement amounts for similar accident injuries to give you an idea of how much your case might be worth in terms of pain and suffering.
Insurance companies try to discredit the claims of victims of suffering and pain in the belief that their injuries are not sufficient. A knowledgeable lawyer can stand up to such tactics and negotiate on your behalf with the insurer to ensure you get an equitable settlement.
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