Motor Vehicle Accident Compensation in New York

If you're injured in a motor vehicle accident that the state of New York deems serious, you could be eligible to file a lawsuit seeking compensation. Your attorney can tell whether your injuries fall within the threshold.

Insurance companies are skilled at disputing your losses. Insurance companies may offer settlements that are not enough to compensate for your losses.

Damages

If you've been injured in an automobile accident, you may be entitled to compensation. The purpose of these damages is to cover your losses as well as expenses, such as medical bills, lost wages, and property damage. You may also be compensated for suffering and pain. This kind of compensation is more subjective and may be difficult to quantify. A skilled tort lawyer can help you get maximum damages for your injuries.

For instance, if suffer an injury that results in permanent limitations to the use of your leg or arm the compensation you receive could include payment for the future costs associated with the impairment. This could include surgeries, physical therapy or equipment or prosthetics. In addition, a long-term loss of a limb or major disfigurement can lead to an entire lifetime of emotional pain and a decreased enjoyment of life. This is known as mental anguish.

Insurance companies frequently attempt to lower the value of non-economic damages which are intangible. However, a knowledgeable tort attorney at Morgan & Morgan can make sure that you're awarded the entire value of the general damages in your case.

Medical bills

If you're injured in a car accident medical bills can pile up quickly. You may be overwhelmed by the expenses, especially if you are still recovering from your injuries.

There are many different ways in which victims of car accidents can receive help paying their medical expenses. In New York, every driver is required to have Personal Injury Protection (PIP) coverage, which will cover a victim's initial medical expenses after an accident. PIP will cover the loss of income in the event that the victim is not able to work for upto 90 days.

In addition to PIP, a victim's health insurance and Medicare may also pay for their medical expenses. The only catch is that the patient must be able prove that the costs are a result of the accident by providing medical bills and receipts.

Certain hospitals and doctors might allow a person injured to negotiate a payment agreement in exchange for a lien on the victim's personal injury settlement or verdict. These liens are also referred to as medical liens. If you fail to settle these liens in an acceptable time frame the debts could be transferred to collections. By keeping track of their mileage receipts, victims are also able to claim compensation for expenses incurred in traveling to and from a medical appointment.

Lost wages

Being absent from work due to a motor vehicle accidents vehicle accident can put you in a difficult financial position. Many Americans live pay-to-pay and losing only a few months or weeks of wages could be catastrophic. Car accident victims are often able to recover lost wages through their car accident lawsuits.

Typically, claims for lost wages are calculated by determining the amount of time a injured person would have worked regardless of their injuries. This can include any missed shifts, overtime hours, in addition to any work done during the hospital stay. In order to prove lost income, a request must be made for documentation from the plaintiff's employer. These can be letters that prove the duration of their time away from work, and their hourly rate or salary. Pay stubs or copies the injured person's tax return may be added as other documentation.

It is important to file the demand package as soon as possible following a car crash. The injured party can get the most benefit from their claim. The evidence of the accident is more convincing if it's given as soon as it is available.

Suffering and pain

It can be difficult to value the physical pain and emotional pain that result from a car crash. It is essential to seek compensation in your accident case for the damages.

These are known as non-economic damages. These damages can include pain and suffering, loss of enjoyment life, PTSD, and more. These costs are difficult to quantify as it may take some time to understand the full impact of your injury.

Your lawyer can employ one of two methods to calculate your pain and suffering damages. The most common is the multiplier method in which your economic damages are added up--including your future and past medical expenses as well as any loss of income because of your injury and property damage--and multiplied by a value that ranges between 1.5 to 5. The higher the number, the more serious your injuries are thought to be.

Per diem is a second method to gauge the extent of suffering and pain. Your lawyer can ask the jury to determine a dollar amount per day you suffer. This is especially helpful for accident victims that work outside the house or have children to care for as they recover.