What's Holding Back This Motor Vehicle Law Industry?
Motor Vehicle Compensation
A motor vehicle is any device used to transport people or property through public highways, and is powered by mechanical means. Motor vehicles include cars and motorbikes, buses, trucks and even planes.
Two studies revealed that interacting and the process of claiming compensation for an automobile crash while dealing with insurance companies was linked to higher levels of anxiety. More research is needed to determine the reason for this.
Damages
The value of your claim for compensation from a motor vehicle accident is contingent on the specific costs and losses you suffered. An attorney for personal injury can help you determine what is fair compensation for your unique circumstances. Damages are usually classified as "special" or "general." The latter are expenses that can be calculated, such as medical bills or car repairs. General damages are more difficult to calculate, and include non-economic factors such as suffering and pain.
If your injuries are severe enough to be classified under New York law as a serious injury, you may be entitled to additional compensation over and above what an insurance company will offer you. If you suffer from a permanent disability which substantially affects your quality of life, you may be entitled compensation for loss of consortium or other damages not economically based.
You may also be eligible to receive reimbursement for the cost of taxis, public transportation and ridesharing services if you are unable to not drive after your crash. You can also claim expenses for maintaining your home or yard if you are unable to do so because of your injuries. You may be able recover the loss in resale of your damaged vehicle.
In certain cases the at-fault party might be required to pay punitive damages when there is evidence that the defendant deliberately caused the accident. These damages are designed to punish the guilty party for reckless or extreme negligence.
Medical bills
Medical expenses can be costly for those who suffer from motor accident in a vehicle. Certain insurance policies for cars include medical payment coverage, referred to as med-pay, that will help to pay these costs. In most instances this coverage is provided regardless of who is at fault for the accident.
It is crucial to remember that medical coverage is not meant to replace for health insurance. In fact, a victim must always file a claim with their own health insurance prior to making a claim to the at-fault driver's auto insurance company. It is also possible to obtain compensation for expenses such as transportation costs to and from medical appointments. However, a person who is a victim needs to be vigilant about keeping track of and storing receipts for mileage expenses in order to ensure they receive a fair compensation.
In addition, No-Fault insurance can help a victim recover lost wages in the event that they are unable to work due to their injuries. However, the maximum amount that is able to be claimed is $2,000 per month for no more than three years. The No-Fault insurer may also be required by law to pay the full amount of any Disability, Workers' Compensation, or Social Security benefits that are received by the victim.
Despite the financial aid that is available, it may take months, and sometimes years, for a fair settlement to be reached. In the meantime medical debt collection firms may be calling for payment, and unpaid debts can be a major threat to a victim's credit rating. To avoid this, the victims must establish a relationship as a client attorney with a law firm that handles auto accident cases.
Loss of wages
You could be in financial difficulty after a car accident. When you're not able to work, medical bills, credit card debt and loans can add up. The loss of income can cause stress for your family. An experienced attorney in car accidents can assist you in recovering lost wages as part of your compensation award.
In order to prove the loss of your wages, you will need documentation that verifies your salary or hourly wage and the number of days that you have missed due to injuries. You can use a letter from the employer and pay stubs, bank statements, tax return, etc. The process of proving your income is more difficult if you are self-employed or work on commission. Your expert car accident lawyer will help you gather all the evidence required to support your claim.
You are only able to recover lost wages as part of a car accident claim. You are not able to recover them from disability or worker's compensation insurance, as this is considered to be as a double recovery.
The no-fault insurance company will send you to an independent doctor that they have contracted to examine you. The doctor will decide whether your injuries, according to the doctor’s opinion, prevent you from working. This is called an independent medical examination (IME), and it is important to remember that the doctor who performs your IME is biased towards the insurance company.
Pain and suffering
Unlike medical bills and lost wages, it's difficult to determine the value of the suffering and pain that result from a accident. It can be even more painful than physical injuries, as the trauma of a crash can result in emotional problems like PTSD. A person suffering from PTSD may experience insomnia or anxiety, which may make it difficult to sleep well, or be unable to drive because of fear of another accident.
A lawyer can help you calculate the total value of your non-economic damages and engage with a jury in order to determine how much to award for your pain and suffering. The amount you receive will also be affected by the degree of your injuries and how they impact your daily life. motor vehicle accident attorneys fort wayne may be worthwhile to keep a journal or have friends or family give written statements.
Some states have a cap on the amount of compensation granted for pain and loss. New York does not have any cap, however, victims can only make a claim and seek damages for serious injuries. It is essential to speak with an Manhattan lawyer for car accidents to understand the true cost of your injuries and how to prove that you deserve an adequate amount of compensation for your economic and non-economic loss.