If you are injured in a car accident, you should talk to a personal injury attorney as soon as possible. The insurance adjuster is not a reliable source of legal advice. The adjuster’s job is to get rid of your car accident case for the least amount of money possible.
Therefore, you need sound legal advice from a trusted accident lawyer. Personal injury claims for motor vehicle accidents can be complicated. A car accident lawyer will review your case for free to provide an honest assessment of your claim.
Before deciding to handle a car accident claim without a lawyer, consider these factors:
Before talking with an insurance adjuster, meet with a car accident attorney for a free consultation. Meeting with a lawyer before you talk with the insurance company ensures that you know your legal rights and understand your options for seeking compensation for damages.
Some individuals might not need an attorney’s assistance to file a claim after a car accident. However, without legal advice, it can be difficult to determine whether your case falls into that category, or you might need to file a lawsuit to protect your rights.
However, the following five situations are strong indicators that you need to hire a car accident lawyer immediately:
New York’s pure comparative negligence law doesn’t bar you from seeking compensation if you are partially at fault for the accident. However, allegations of comparative fault can significantly reduce the amount of money you can receive for damages. Insurance companies allege contributory fault, even when the victims were not to blame for crashes.
For example, suppose a jury determines you are 30% at fault for causing the car accident. The jury awards you $500,000 for damages. However, the court will lower your compensation to $350,000 (total damages minus 30%) because you were partially to blame for the cause of the car accident.
Catastrophic injuries often lead to permanent impairments. They also increase the value of a personal injury claim.
Examples of catastrophic injuries include:
It is crucial to work with an accident attorney to ensure you include all damages in your claim if your car accident involved traumatic injuries. Catastrophic injuries may entitle you to future damages, including diminished earning capacity, future lost wages, and future medical bills.
An attorney will help facilitate hiring medical experts to evaluate the severity of your injuries. A medical specialist can explain how your injuries impact your daily life. Then, financial experts can calculate the value of your future monetary losses for your claim.
Governments are protected from being sued in most cases. Sovereign immunity states that you can only sue the government when it consents.
New York has waived sovereign immunity for many negligence claims, including car accidents. Therefore, you can sue the government when a government vehicle or employee is involved in a car accident.
However, there are strict rules for filing a claim against a government entity.
For example, you have just 90 days after the car accident to file a Notice of Claim. The deadline for filing a lawsuit is one year and 90 days after the car accident, which is shorter than the statute of limitations for other car accident claims. Therefore, you should contact a lawyer immediately if your car accident involves a government employee or vehicle.
Wrongful death claims are also governed by different laws than other personal injury cases.
For example, the deadline for filing a wrongful death lawsuit is shorter than the deadline for a car accident lawsuit. You have just two years from the date of death to file a wrongful death action. However, the deadline for filing car accident lawsuits is usually three years from the accident date.
Also, there are different rules for who can file a wrongful death claim and the damages they can receive. Wrongful death claims are complicated. Therefore, you need an attorney who has experience handling wrongful death lawsuits.
Some insurance companies refuse to acknowledge a claim or intentionally delay a claim. Other companies might engage in bad faith insurance tactics.
Examples of bad faith insurance tactics include:
ters routinely undervalue damages. The settlement offer does not compensate the victim for all damages. The company intentionally undervalues non-economic damages and denies valid claims for economic damages.
Examples of the types of damages you could receive for a Bronx car accident claim include:
The value of your claim depends on the severity of your injuries and your monetary losses. An accident lawyer knows how to value damages to compensate you fully for your losses.
If you sign a settlement agreement with the insurance company, you release all parties from any further liability for damages. Therefore, talk with a personal injury lawyer before you sign an agreement to ensure the settlement amount is fair, given the circumstances and facts of your case.
The best way to know whether you need to hire a Bronx car accident attorney is to meet with one and discuss your crash. Contact our law firm Oresky & Associates for a free consultation with an experienced personal injury lawyer at (718) 993-9999. We fight for the rights of car accident victims and their families to recover fair compensation for injuries and damages.
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