What claims can an accident lawyer make on your behalf?
If you have been injured in an accident, you may be wondering what type of damages you may be entitled to as a result, other than pain and suffering. An accident attorney, who specializes in personal injury and medical malpractice cases, can fully explain the litigation process, as well as the claims that can be made on his or her behalf. Here are some examples:
1. Damage to your car
When your vehicle is damaged due to the negligence of another driver, you may be able to recover loss of use of the vehicle, as well as car rental expenses, needed while your car is being repaired. Also, you may be able to raise money to pay for towing fees and storage charges. There are two options: you proceed under your own collision policy, if one exists, or file a claim against the other car’s insurance company. Of course, the process is quicker if you go to your insurance company, but you’ll end up paying a deductible, on average $500 to $1000, and your car rates will likely go up. An auto accident attorney is experienced in suing the negligent party’s insurance policy to ensure that your vehicle is repaired, at no additional cost to you, or that the total loss is paid.
2. Payments for medical and hospital treatment
In New York, unless you were struck by another vehicle as a pedestrian or bicyclist, your own insurance company pays your medical and hospital bills, household expenses, prescription drugs, and other health-related bills. You have a limited time to file a claim with an insurance company and it is important to take all paperwork from the insurance company to your accident lawyer who will ensure that your claims are filled out correctly and submitted on time. In most cases, your policy provides up to $50,000.00 in medical benefits, so if you underwent surgery as a result of the accident or prolonged medical treatment with various diagnostic tests, it is vital to file a no-fault claim for benefits before of the deadline.
3.Loss of income
Your no-fault provider will also pay 80% of your gross wages, with 20% withheld for taxes, less any applicable disability benefits you may be entitled to from your job. If the incident occurred while you were working, your employer will be responsible for your lost wages under the Workers’ Compensation policy purchased by the company. Car accident lawyers can file all the necessary paperwork on your behalf to ensure that you are not suffering financially during this difficult time as a result of not being able to work.
4. Loss of services, support and consortium
Your family members may be entitled to damages if they have suffered financially or emotionally as a result of your accident. For example, if the spouse was unable to work, having to care for the injured person, or could no longer depend on him or her for household chores, that person may be entitled to collect money for their loss.
An accident attorney will be able to file a summons and lawsuit against the negligent party, naming both the victim and spouse in the lawsuit as plaintiffs.