Do I Need a Personal Injury Attorney?
If you have suffered an injury, your main concern is catering for medical bills. Footing for the injury costs from your own pocket can cripple you financially. One of the questions you will ponder on is whether to seek the services of a personal injury attorney. Most people shy away from getting legal help because they perceive attorney services to be very expensive. However, you should note that nyc personal injury attorneys charge on a contingency basis. This means that you will pay them once you get compensated. While it is not compulsory for you to hire a personal injury attorney, there are several situations and circumstances when their expertise can prove helpful.
Temporary or permanent disability injuries
Personal injuries can be classified as soft or hard injuries. Soft injuries may include minor bruises, a strained neck or a sprained ankle. Hard injuries have long term consequences. The most common are broken bones, head concussions, brain injuries and lost limbs. When you have suffered a temporary or permanent disability, you will need long-term medical care. You may also need to make certain adjustments to cater for the injury. The liable party needs to pay for the immediate and long term foreseeable costs. On your own, you may not fully understand the financial implications of your injury. It is, therefore, possible for you to underestimate the damages. An injury attorney can help you value your claim so that you are not shortchanged by the insurance company.
When you receive a low settlement
Insurance companies have been known to undervalue claims and offer low settlements. When dealing with insurance adjusters, you need to remember that insurance companies are profit making entities. As such, they will always pursue measures to protect their profits. If you have been offered a low settlement, you need to consult with an injury attorney. They have dealt with insurance adjusters before, and they can negotiate fair compensation based on the merits of the injuries you have suffered.
Establishing fault and liability
For damages to be awarded in a personal injury claim, fault needs to be established. For instance, if you were involved in an accident, investigations must be carried out to determine who was at fault. Proving liability is not easy. There are instances where more than one party is liable for your injuries. The courts must determine the legal responsibility of the parties involved. Personal injury cases can drag for long. However, a nyc personal injury attorney can help quicken the process. Speedy investigations into the case ensure that you receive compensation in good time.
Damages awarded in personal injury claims include medical bills, lost wages and the loss of earning capacity. While these can be easily determined using pay slips, emotional damages need to be demonstrated. For the court to award damages based on the pain and suffering experienced, you need to make a good case. The attorney can get psychiatrists to testify to your mental disturbance. Testifying about the accident can also demonstrate to the court the emotional trauma that you experienced. Seeking the legal expertise of an attorney ensures that you get the full value of your claim. The attorney also has networks with different specialists that can be used to add credibility to your case.
Statute of limitations
All states have a time limit on when victims are expected to file a civil lawsuit. This law is referred to as a statute of limitations. The state sets different deadlines depending on the case being filed. In New York, victims or injured parties have three years from the date of the injury to file a personal injury claim or lawsuit. If you do not file within this period, then you forfeit the right to receive compensation. It is imperative to have lawyer guide you through the process and help you secure fair compensation.