You have been injured in a car accident, and you are in pain and have plenty of bills. You have missed time away from your job, and you have no idea how you will ever pay back all of the money you owe. The accident was not your fault, and you are wondering if you should get an attorney. There are a few circumstances in which a lawyer may help.
Insurance in New York
There are two types of insurance rules in the United States, fault and no-fault. In a fault state, the person who is responsible for an accident is also responsible for its associated bills. In a no-fault state, each driver’s insurance company will pay their bills no matter who is at fault.
It is more difficult to sue a negligent driver in a no-fault state, but it is not impossible. Several circumstances must exist for your case to be accepted by the courts.
When can I file a Personal injury lawsuit in New York?
The state of New York requires drivers to carry bodily injury liability coverage of $25,000 per person and $50,000 for each accident. They must have property damage liability coverage of $10,000 per accident. Although your insurance company is required to pay your bills, your bills may exceed the amount for which you are covered.
If your accident was caused by another party and your injuries were very severe, you may be able to sue the negligent driver. You should consult with an attorney; if you have been permanently disfigured, suffered a bone fracture, or have lost the function of an organ, you will be able to sue.
Wrongful Death
If you have lost a loved one due to another person’s negligence, you can sue for wrongful death. You will have two years from the time of the death to file a wrongful death lawsuit in the Empire State. To file such a suit, you must be a child, spouse, or parent of the decedent. You will need the assistance of a Bronx car accident attorney for a wrongful death suit.
Negotiating with Your Insurance Company
When you call your insurance company, they will ask you to provide documentation of your injuries. Once they receive that documentation, they will review your case. They will then accept or deny your claim. If they accept your claim, they will make you a settlement offer. Before you accept that offer, you should talk to a lawyer.
Just because your insurance company is supposed to cover you in an accident doesn’t mean they will agree to pay all of your bills. Insurance companies are private businesses that want to keep their money in-house.
The insurance company’s initial offer is likely to be too low. They may try to claim that your injuries are worth less than they are or that your pain is not as severe as you say. A lawyer will negotiate with the insurance company on your behalf.
A personal injury attorney will have years of experience talking to insurance companies. They have advanced knowledge of the law and know just how much your insurance should pay.
Getting injured in an accident is one of life’s hardest experiences. The right legal representation can ensure that you will get to move past the crash and get on with your life.
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