What Claims Can an Accident Lawyer Make on Your Behalf?

If you have been hurt in an accident, you may be wondering about the type of damages you may be entitled to as the result, other than for pain and suffering. An accident lawyer, specializing in personal injury and medical malpractice cases, can thoroughly explain the litigation process to you, as well as what claims can be made on your behalf. Here are some examples:

1. Damages to your automobile

When your vehicle is damaged due to the negligence of the other driver, you may be able to recover for loss of use of vehicle, as well as rental car expense, necessitated while your car is in repair. In addition you may be able to collect money to repay for towing fees and storage charges. There are two options: you either proceed under your own collision policy, if one exists, or make a claim against the other car’s insurance company. Of course the process is quicker if you go to your insurance company, but you will end up paying a deductible, on average $500-$1000, and your auto rates are likely to go up. A car accident lawyer is experienced in suing the negligent party’s insurance policy to make sure your vehicle is either fixed, at no additional cost to you, or total loss is paid.

2. Payments for medical and hospital treatment

In New York, unless you were struck by another vehicle as pedestrian or bicyclist your own insurance company pays for your medical and hospital bills, household expenses, prescription medication and other health related bills. You have a limited time to file a claim with an insurance company and it’s important to bring all the paperwork from the insurance company to your accident lawyer, who will make sure your claims are properly filled out and sent out timely. In most instances your policy provides for up to $50,000.00 in medical benefits, so if you had surgery as the result of the accident or prolonged medical treatment with several diagnostic tests, it is vital to make a claim for no-fault benefits before the deadline.

3. Loss of income

Your no-fault provider will also pay 80% of your gross wages, with 20% withheld for taxes, taking out 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. Auto accident lawyers can file all the necessary paperwork on your behalf to make sure you are not hurting financially during this difficult time as the result of not being able to work.

4. Loss of services, support and consortium

Members of your family can be entitled to damages if they have suffered financially or emotionally as the result of your accident. For example, if the spouse was unable to work, having to take care of the injured person, or if she could no longer rely on him for household help, said person may be entitled to collect money for their loss.

An accident lawyer will be able to file a summons and complaint against the negligent party, naming both the victim and the spouse in the lawsuit as plaintiffs.

Duffy & Duffy one of the preeminent Medical Malpractice Law Firms provides legal counsel to victims of medical malpractice and negligence with unparalleled results. An accident lawyer with our firm is experienced in handling a variety of such cases, where accident can be caused in either traumatic or non-traumatic fashion.

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