An individual who has been injured in an automobile accident may be able to seek monetary compensation for injuries and damages. Cases are fact specific, typically with complex issues of proof and fault in dispute. An experienced personal injury attorney can help you sort out your legal options.
Receiving Compensation for Auto Accident Injuries
If you were in an auto accident in NY that caused you injury, then you should speak with a personal injury lawyer at Dansker & Aspromonte Associates to learn how you can get compensation to cover wages lost, pain and suffering, medical expenses and other hardships you may have to face.
It’s possible for parties who were injured in an auto accident to seek and obtain compensation for the damages and injuries it caused. In order to win such a case, facts and evidence have to be provided that showcase who was at-fault in the auto accident. To help get everything sorted out, an experienced personal injury attorney should be sought.
Getting Compensated for Your Losses
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The individual who was injured in an auto accident can seek to recover damages from the party or parties that were responsible for the collision. Damages is a term used for monetary compensation that a plaintiff can receive for their losses and injuries sustained. Injuries include those that are physical, such as head trauma, broken bones and spinal injuries, as well as mental, like in the case of pain and suffering due to the injuries.
Damages can also be pursued in a case where the victim has a present or future medical expenses due to the injuries caused by the accident. This may be the case for victims who have to undergo physical therapy or need to make certain accommodations, such as building a ramp onto their home. Past and future loss of wages is another reason for damages to be sought in a case involving injury. Any damage that was caused to personal property may also be recovered.
There are some damages that can be sought that can’t be easily translated into monetary value, such as mental pain and suffering, loss of enjoyment of life, disfigurement and permanent impairment.
If the victim already had an existing injury, this doesn’t bar him or her from being able to obtain monetary recovery. For instance, the accident may have made the existing injury worse. Then any new injuries can be treated separately from the pre-existing injury.
After being in an accident that has caused you injury, it’s recommended that you keep a daily journal of how it is affecting you physically and mentally. This can be used as evidence in your case that show the effects the injuries have had on you.
Claiming Loss of Consortium
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The toll that some accidents have on a marriage can be detrimental. If a spouse is loss due to the after effects of an auto accident, it’s possible for the victim to claim loss of consortium. The marriage may have already been on the rocks and this pushed it over the edge or it may have caused the rocky start and finish. Either way, most states recognize loss of consortium to be a plausible case for recovery. Companions offer great benefits to individuals, such as comfort, assistance, affection and sexual relations. Courts recognize temporary and permanent loss of consortium.
Compensation from Auto Insurers
In majority of the auto accident cases, the injured victims receive compensation from the insurance company. This is either settled in or outside of court. However, if the driver at-fault is underinsured or uninsured, then other ways to recover damages have to be sought.
For instance, the victim may have coverage for underinsured motorist or uninsured motorist, which will offer some compensation. Benefits may also be sought from the insurance policies of a spouse or employer of the victim. The policy will determine how much compensation will be given and how soon.
How Much Compensation is Recovered
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There are different factors that determine how much the victim will receive from an auto accident claim. Some of the factors include laws of the state, injuries sustained by the victim, evidence of the facts presented, the actions of the victim, how bad the injuries are, how long and what types of medical treatment are needed, insurance coverage of both parties and how the accident has affected the victim’s income. With the assistance of an experienced lawyer, you can have your case planned and the damages assessed.
Call a Personal Injury Lawyer
Auto accidents can prove to be devastating to the victim and his or her family members. To help recoup compensation for your pain and suffering, contact the trusted lawyers at Dansker & Aspromonte Associated in NYC today.