Tag: personal injury attorney

Car accidents can be costly for victims, from medical bills to repair costs to lost wages from missing work. Duluth Car Accident Attorney can help you receive compensation for your losses.

They can also handle all communication with insurance companies, preventing their clients from accidentally compromising their claims by admitting fault or accepting low settlement offers.

Depending on the extent of your injuries and the amount of compensation you need, there may be several sources of insurance coverage available. These may include a policyholder’s personal injury protection (PIP), underinsured motorist coverage, and third-party liability coverage. It’s important to consult a Car Accident Attorney about the specific terms and limits of each type of coverage so that you can make sure you’re getting the full compensation you need.

PIP is a no-fault policy that typically covers medical expenses up to the policy limits. It can cover things like hospital bills, doctor visits, prescriptions, and therapy sessions. This coverage is mandatory and is intended to help victims pay for some of their basic needs following a crash.

However, the policy limits are usually quite low and can be quickly exhausted by even minor accidents with serious injuries. For this reason, you should always keep track of your medical expenses and make sure you have enough documentation to justify the total amount of your claim.

In cases where the at-fault driver lacks the required insurance, you may be able to file a lawsuit against them. However, this can be complicated, as drivers who don’t have insurance rarely have any assets from which to collect. In these situations, you should also consider seeking additional compensation through your own uninsured motorist coverage or health insurance. Our attorneys can provide guidance on these options, as well as how to pursue other potential liable parties if the at-fault driver cannot be found.

When a car accident involves more than one at-fault party, it becomes more complex in terms of determining which victim holds the claim, who is responsible for their damages, and how much compensation they deserve. A Car Accident Attorney can help to simplify these issues by setting out who is entitled to what and by negotiating a fair settlement with the insurer.

When it comes to recovering lost wages, you’ll need to provide documentation of the days you were unable to work due to your injuries. You’ll also need to keep track of any other related losses, such as transportation costs to and from medical appointments or the cost of hiring help for tasks you can no longer perform because of your injuries.

Time Limits

As with any legal case, there are specific time limitations on filing claims. These are called statutes of limitations and vary from state to state. In New York, there is a three-year limit for both personal injury and property damage claims following car accidents. This rule ensures that lawsuits are filed within a reasonable timeframe, promoting fairness for all parties involved. This timeframe starts from the date of the accident.

It is essential to file your claim as soon as possible to give your attorney a full opportunity to gather evidence and develop a strong case on your behalf. This can include running various searches such as DMV history research on drivers, Department of Transportation research, Freedom of Information Law (FOIL) requests, insurance records, MV-104 report searches, dashcam video from driver cell phones, security cameras, road maps and more. Having this evidence in hand can greatly improve your chances of getting maximum compensation for your damages.

The reason for strict time limits is that memories fade and physical evidence deteriorates over time, making it more difficult to build a strong case. Furthermore, there are many complex legal issues associated with car accident cases that must be addressed. These matters include establishing the identity of the at-fault party, determining negligence, and calculating damages. Therefore, it is important to retain an experienced car accident attorney as early on in the process as possible.

If you fail to meet the three-year deadline, you will lose your right to seek compensation through the courts for your medical bills, pain and suffering, lost wages, property damage and other damages. 

The exception to this is if your case involves an accident involving a city, state or government vehicle. In these cases, you typically have only 90 days to file a notice of claim, which must contain specific content. Failure to do so can result in the dismissal of your case altogether. Our attorneys can help you file the necessary paperwork to meet this short deadline and avoid forfeiting your legal rights.

Damages

Car accidents can lead to a wide range of losses, including property damage, medical expenses and lost income. The injured victim may also be eligible for compensation for non-economic damages, including pain and suffering. An experienced New York car accident lawyer can help victims understand what types of recoveries they are entitled to and how to pursue them.

When building a claim, a car accident attorney will look at the total costs associated with the crash. This includes past, present and future medical treatment, lost income, as well as the impact the accident has had on your life in terms of emotional distress or loss of enjoyment of life. The attorney will consider all the ways the crash has impacted your life and ensure you are fully compensated for these losses.

In addition to the financial costs, a car accident attorney will also seek reimbursement for any property damage. This can include the cost of repairing or replacing your vehicle, as well as any other personal items you had in the car at the time of the crash, such as your computer and cell phone. The value of these items will be based on their fair market value at the time of the crash.

A car accident lawyer will also assess your injuries and your potential for a full recovery. They will review any police reports and medical records, as well as collect any eyewitness testimony and photos from the scene of the accident. This information will be used to demonstrate how the at-fault driver violated their duty of care and caused your injuries and losses.

In New York, you can file an insurance claim for both economic and non-economic damages to cover your medical bills, lost income and other financial losses. However, the no-fault system limits your ability to sue for damages unless your injuries meet a certain threshold, such as serious disfigurement or loss of a major bodily function. A tenacious car accident attorney can ensure you receive the compensation you deserve for both your physical and psychological injuries. 

Liability

A car accident attorney can help you receive full compensation from the insurance company for all damages resulting from the crash. This includes both your physical and financial losses. Damages that are measurable include medical bills, property damage and lost income. Additionally, you may be entitled to compensation for your pain and suffering. A skilled NYC Car Accident Lawyer can work with experts to project your long-term losses and calculate an appropriate award.

Another area of law that a lawyer can help you pursue is the right to recover punitive damages, which are meant to punish the at-fault party and deter similar conduct in the future. These awards are only available in rare cases involving extreme negligence or blatant misconduct.

The length of time it takes to resolve a case can vary depending on the complexity and the involvement of multiple parties. An experienced Manhattan Car Accident Lawyer can guide you through the process, ensuring that all important deadlines are met.

Negotiation with the insurance representatives and determining liability

Your attorney can assist you in working with all of the involved insurance companies to ensure that your medical and property damage claims are handled as quickly and fairly as possible. They can also assist you in pursuing uninsured/under-insured motorist coverage, which can provide an additional source of compensation in the event that the negligent driver does not have insurance or only carries minimal coverage.

If the at-fault party has been identified, your attorney can also file a civil lawsuit against them. This allows you to pursue damages for your property damage, medical expenses, loss of income and other damages arising from the accident.

The outcome of your criminal case can have a direct impact on the result of your civil lawsuit. Your attorney can help you navigate this process, ensuring that any necessary evidence is submitted in the most effective manner and arguing your case before the judge if necessary. Having a seasoned lawyer on your side can alleviate stress from a situation that can already be challenging.

A truck accident lawyer can help you recover the financial compensation that is owed to you for your medical bills, lost income, and other expenses. They can also assist you in pursuing non-economic damages like pain and suffering.

They can gather evidence, including examining dashcam footage, reviewing medical reports, and questioning eyewitnesses. They can also identify the liable party or parties and build a strong case file for you. Contact Truck Accident Lawyer Baltimore for specialized services.

All parties that use Syracuse roadways owe a duty to take reasonable care to protect the lives and property of others. Truck drivers, in particular, have additional duties as they operate massive vehicles that present a greater risk to other motorists than passenger cars. These include adhering to federal trucking regulations, following traffic laws, and performing regular inspections of their trucks. When truck drivers breach this duty, they may be liable for a collision.

To prove liability, a lawyer must first establish the defendant’s duty of care. This involves examining the driver’s driving record, maintenance logs for the truck, and other documentation that may shed light on their standard of care. They may also hire accident reconstruction specialists to provide a more technical perspective of how the crash happened. Next, the attorney must show that the defendant failed to meet this duty by proving they acted negligently. This can be done by showing that the defendant’s actions were not reasonable under the circumstances or that they did not follow established industry standards.

Unlike car accidents, truck crashes often involve multiple liable parties. These can include the truck driver, their employer, the trucking company, and the manufacturer of a specific part that failed in the crash. Liability can also extend to a truck stop property owner if they failed to notify visitors of a hazard.

Once the at-fault party’s negligence is proven, a victim must demonstrate that their injuries and losses were directly caused by the breach of duty. This requires establishing that the victim suffered both economic and non-economic damages. Economic damages can include medical expenses, lost income, and household bills. Non-economic damages can include emotional distress, loss of consortium, and pain and suffering.

A skilled Syracuse truck accident lawyer can help victims prove their claim by compiling evidence of the defendant’s wrongdoings and the causal link between those actions and the victim’s injuries. They can also work to secure a fair settlement without having to go to court. However, if the at-fault party refuses to cooperate or their insurer rejects the claim, an attorney can file a lawsuit on behalf of the victim and take them to trial to get the compensation they deserve.

Breach of duty

A truck accident case is similar to any other personal injury lawsuit. However, because of the size and weight of commercial trucks, the responsibilities and requirements to maintain safety are more complex. Our truck accident lawyers work with experts to determine which parties violated their duties in the course of the accident.

To prove negligence, our attorneys must establish four elements. First, they must show that the defendant owed you a duty of care. This essentially means that they were required to act reasonably to protect you from foreseeable harm (e.g., obey traffic laws and safety regulations).

Trucking companies must adhere to strict regulations to ensure their vehicles are safe for other motorists on the road. However, these corporations often prioritize profit over safety and allow their drivers to take shortcuts or engage in reckless driving to make deliveries more quickly. Unfortunately, these unsafe acts are what cause many catastrophic injuries that devastate victims and their families.

The second element our lawyers must demonstrate is that the defendant breached their duty of care. This involves demonstrating that the defendant’s conduct or inaction directly caused your injuries. For example, our attorneys must prove that the truck driver drove while under the influence of drugs or alcohol or that the trucking company failed to keep its vehicle in good repair.

We must also show that the breach of duty resulted in your damages. This requires demonstrating that the injury you suffered would not have occurred without the defendant’s actions or inaction. For instance, if the truck driver spent more than 16 hours behind the wheel in violation of FMCSA’s hours of service limitations and fell asleep at the wheel, their behavior is directly responsible for your injuries.

In addition, we must prove that you suffered economic and non-economic damages. Economic damages include medical bills and loss of income. Non-economic damages include pain and suffering, disfigurement, emotional distress, loss of enjoyment of life, and more. Our lawyers retain a team of professionals to help quantify these losses, including economists, accountants, and life-care planners.

Causation

Truck accidents are more complicated than a standard car crash, and proving negligence is much more difficult. To be awarded damages, an attorney needs to demonstrate that the defendant owed a duty of care and that they breached that duty, and that this breach directly led to your injuries and losses.

Your attorney will investigate the accident thoroughly to identify all responsible parties and build a strong case for you. This includes examining documents, consulting specialists (such as accident reconstruction engineers), and interviewing eyewitnesses. They will also gather data from the truck’s electronic onboard recorder (black box), photographs of the accident scene, and vehicle maintenance logs.

If the truck driver was an employee of a company, that entity will usually carry responsibility for the accident as long as the driver was acting within the scope of their employment. However, there are situations that can shift fault to the driver such as if they were speeding or driving recklessly and broke the law.

In some cases, it’s possible that the trucking company acted negligently in hiring or training the driver, or in failing to maintain their vehicles according to federal safety standards. Cargo loaders who improperly loaded or secured cargo could also be held liable. In other cases, it’s possible that the manufacturer of the truck or its parts may be held liable for mechanical failures that cause an accident.

Once your lawyer has determined which party or parties are liable, they will work to prove that their negligence caused your injuries and losses. This involves demonstrating that the oversight they established was the direct cause of your injuries and expenses, including economic damages such as medical bills and lost wages, and non-economic damages such as physical pain, emotional distress, and diminished quality of life.

Once your attorney has proven these elements, they will then seek compensation for your damages. This can include a financial settlement to cover your expenses, as well as compensation for the losses you’ve suffered due to your injuries. These include any income you have lost from being unable to work, which can include full- and part-time salary, business earnings, freelance and consulting jobs, and even investment and rental income.

Damages

When a person is involved in a collision with a truck, the consequences can be devastating. They can include catastrophic injuries, and in many cases death. These victims are often left with significant financial damages, and a Truck Accident Lawyer can help them recover the compensation they deserve.

In most personal injury and wrongful death cases, a plaintiff must prove their claims by “preponderance of evidence.” That means that their claim must be more likely true than not. This is a difficult burden to meet without the assistance of an experienced and knowledgeable Truck Accident Lawyer.

A truck accident lawyer can gather and review a wide variety of documents that support your case. This includes the data from the truck’s electronic onboard recording device (black box), photographs of the crash scene and vehicle damage, eyewitness testimony, police reports, driver cell phone records, trucking service hiring and training requirements, truck maintenance logs, and more.

These pieces of information can be used to establish negligence, causation and the extent of your damages. They can also serve as strong evidence in negotiations with insurance companies to obtain reasonable compensation for your losses.

Economic damages include expenses that can be documented, such as medical bills, rehabilitation costs, lost wages and loss of future earnings potential. Non-economic damages are more subjective, such as pain and suffering, emotional distress and a reduced quality of life.

Proving a negligence claim is a complicated process, and trucking companies have teams of lawyers to protect their interests in these types of accidents. A truck accident lawyer can fight the insurance representatives to ensure that you receive full and fair compensation for your loss.

If you have been injured in a crash with a large commercial truck, contact RAM Law as soon as possible to speak with a qualified and experienced Truck Accident Attorney. We can provide you with a free consultation, and we will work hard to get you the money that you deserve. Don’t wait to get started on your claim, because the strength of your case will wane over time.