Motor Vehicle Accident Compensation in New York
If you suffer injuries in a motor vehicle accident that the state of New York deems serious, you may be able to file a lawsuit to seek compensation. Your attorney can tell you if your injuries are within the threshold.
Insurance companies are adept in denying the severity of your losses. This can lead to settlement offers that fall short of what you’re looking for.
Damages
If you’ve suffered injuries in a motor vehicle collision, you may be entitled to compensation. These damages are designed to pay for your losses and expenses like medical bills, lost wages and property damage. You may also be compensated for pain and suffering. This type of compensation is more subjective and may be difficult to quantify. A skilled lawyer for torts can assist you in obtaining maximum damages for your injuries.
If, for instance you sustain an injury that causes permanent impairment of your arm or your leg it could be possible to receive compensation for future costs that are associated with the impairment. This might include physical therapy, surgeries, or prosthetics. A permanent loss of a leg or a disfigurement could cause emotional trauma for the rest of your life and reduce the quality of life. This is referred to as mental anxiety.
Insurers frequently try to reduce the value of non-economic damages, which are considered to be intangible. However, a knowledgeable tort attorney at Morgan & Morgan can make sure that you’re awarded the entire worth of general damages in your case.
Medical bills
When you are injured in a car accident medical bills can pile up quickly. The costs can seem overwhelming and difficult to handle, especially as you try to recover from your injuries.
Luckily, there are several ways in which car accident victims can get help paying their medical expenses. In New York, all drivers are required to carry Personal Injury Protection (PIP) which covers the victim’s first medical expenses after an accident. PIP will cover the loss of income in the event that the victim is not able to work for up to 90 days.
In addition to PIP and a victim’s health insurance and Medicare may also pay for their medical expenses. The only catch is the patient has to prove that the cost is directly related to the accident. This can be accomplished by submitting receipts and bills from the doctor.
Some doctors and motor vehicle accident hospitals allow an accident victim negotiate a settlement agreement in exchange for a lien against the victim’s personal injury settlement or verdict. These liens are also referred as medical liens or hospital liens. If you fail to settle these liens within a reasonable amount of time, the debts may be sent to collections. Victims may also seek reimbursement for the expenses incurred by transporting to and from medical appointments by keeping track and saving their mileage receipts.
Lost wages
If you miss work because of an accident in your vehicle it could be extremely difficult to make ends meet. Many Americans are living pay-to-pay, and losing just a few weeks, or even months of pay can be catastrophic. Fortunately, victims of car accidents typically recover lost wages through car accident lawsuits.
Typically, lost wage claims are determined by calculating the amount of time a injured worker could have worked without injury. This can include missed shifts, overtime and any work done while in hospital. To prove lost income the plaintiff needs to request evidence from his employer. These can be letters that confirm their time away from work, as well as their hourly rate or salary. Other documents include pay stubs as well as copies of the injured party’s tax return from last year.
It is important to submit the demand package as quickly as possible after a car accident. The injured party will be able to get the maximum benefit from their claim. Additionally the evidence of the incident could be more convincing if it is made available as quickly as is possible.
Pain and suffering
It isn’t easy to assess the physical and emotional pain that result from a car crash. But, it’s essential to seek compensation for these damages in your accident case.
These are also known as non-economic damages. They can be the result of your suffering and loss of enjoyment life as well as post-traumatic stress disorder (PTSD) and many other. These costs can be difficult to quantify as it can take some time to realize the full impact of your injury.
Your lawyer can use either of two methods to determine the amount of pain and loss. The multiplier method is the most commonly 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 the sum by a range of from 1.5 to five to determine your total economic damages. The higher the number is, the more serious your injuries are deemed to be.
Another method to evaluate pain and suffering is on a per diem basis. In this case your lawyer could ask the jury to award you an amount per day that you suffer from your injury. This is particularly beneficial to those who suffer an injury outside the home or have children to care for while they recuperate.