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Anthony Mortensen posted an update 8 months, 2 weeks ago
Why You Should Hire an Experienced Personal Injury Defense Lawyer
Most personal injury attorneys will accept a case on a contingency fee basis. The attorney’s fee is calculated by a percentage of the final settlement or court judgement for personal injury.
Personal injury lawyers have experience defending businesses and individuals against claims of wrongful death or personal injury. They deal with insurers and create required court documents to defend clients against wrongful lawsuits.
Defendant’s Insurance Company
In most cases that involve personal injury the insurer of the defendant will provide them with an attorney to represent them in the case. The attorney is commonly referred to as the defense lawyer. It is in the best interests of both the insured and their insurance company to hire a knowledgeable personal injury defense attorney representing them in a case.
One common strategy used by defense attorneys is to challenge the validity of the plaintiff’s claim. They can, for instance, dig into the medical background of the plaintiff and try to prove their injuries weren’t caused by the accident. This is done to limit the amount that is awarded by a judge.
Another option is to delay the outcome of the case as long as it is possible. This makes the plaintiff more desperate and more likely to accept a settlement that is lower. In either scenario, an experienced New York personal injuries defense attorney will know how to combat these tactics and fight for their client.
Our team of New York personal injury defense lawyers represent clients who have personal injury claims , including medical malpractice and wrongful deaths lawsuits. We also handle a wide range of litigation involving insurance defense including property loss claims, catastrophic losses resulting from fire and collapse the primacy of coverage dispute and rescission cases made on the basis of misrepresentations and bad faith, employment issues and dram shop.
Pre-Existing Injuries
If you suffer from a pre-existing injury or condition and then suffer a new accident that aggravates or worsens it, this could be grounds for a claim for compensation. However, many insurance companies will quickly deny claims or decrease the amount an individual is awarded. They can do this because they have the ability to utilize the legal concept known as the eggshell plaintiff in their favor. This theory assumes that a person who has a head injury is more vulnerable to injury and their injuries will be more severe.
It is important to be honest with your attorney about any medical conditions you may have had in the past. Failure to disclose any medical conditions could harm your credibility and lead to future problems. Insurance companies may deny your claim, delay the payment or even sanction you in court for omissions.
By being upfront with your injury lawyer about any pre-existing health issues, they can interpret your medical documents and draw connections between your injuries as well as the ongoing medical concerns. This will help them determine that your injury was caused by an aggressor, and therefore allow you to receive compensation for your suffering and pain, as well as medical bills, and lost wages. Your lawyer will be able to help you with this difficult task.
Statute of limitations
A statute of limitations defines the time frame after an incident for victims to start a lawsuit or any other legal proceeding. If a victim goes over this limit then their case will be dismissed by the court. This will prevent them from receiving the money they are entitled to for their injuries and losses.
Statutes of limitations vary from state to state and also depend on the kind of lawsuit or charges in question. For example an assault case typically has a shorter period of limitations than a murder case. The clock starts ticking when the alleged incident occurs, but in some cases it can be “tolled” to ensure that the victim could be able to file a case.
For example, if someone suffers from illness after drinking contaminated waters for months before they realize it, the statutes of limitations could be shortened until they discover about the contaminant. Another example is when a defendant is off the grid in order to avoid justice so that the statute of limitations could be delayed until they return to the state.
A personal injury lawyer can provide specific examples of when exceptions to the statute of limitations are applicable to a particular situation. While the rules are fairly simple, they are also complex and require careful interpretation. For this reason, an experienced attorney should be sought out.
Damages
There are two primary reasons why people file personal injury lawsuits: they seek monetary compensation for their losses or would like to put an end to conduct that has harmed them or could harm others in the future. An experienced lawyer can offer an opinion on how your case will hold with regard to the laws in place for your particular situation.
A skilled lawyer can help you obtain the full amount of damages you are entitled to receive. The amount of money that an individual plaintiff receives is determined by a variety of factors that include actual expenses and the amount of compensation for suffering and pain. The insurance company will use a formula to determine your economic damages. For instance, multiplying all accident-related receipts and bills by a certain number for the type injuries you’ve suffered.
A skilled lawyer can contest these estimates and prove that they are incorrect. This can be accomplished by using evidence that is difficult to get like security camera footage and cell phone records, or by working with experts in reconstruction of accidents.
A lawyer with experience can also draft a persuasive note to persuade the insurer to settle. This is a vital action to convince the insurer to settle your claim in a fair manner and not underpay for pain and suffering damages.