AUTO ACCIDENT ATTORNEY IN NY - motorcycle & brain injury lawyers

 When injury from auto accident get attorney or lawyer to help you. Then your chance of getting any accident benefits is higher.

Personal Injury Cases: Frequently Asked Questions

In my practice I frequently get the same basic questions from potential new clients.

Question: Do I have a case?

Answer: This is a difficult question to answer without knowing all of the facts and circumstances involved. The success of a case will depend on the specific facts involved and the laws of the jurisdiction or region where the incident occurred. Generally, if you can show that the party responsible for your injuries violated some duty of care (e.g., causing a collision or making a dangerous product), then you probably have a claim against that party for the amount of damages you have sustained. If you think you have a claim in the state of Washington and want some feedback, you can send me an email directly by filling in the Case Feedback form. Due to the large volume of messages, it may take a few days to respond.

Question: How much is my case worth?

Answer: There is no magic formula or process by which an attorney can predict with certainty the amount of money a person is entitled to receive, especially where damages are awarded for subjective elements called ‘pain and suffering’ and ‘loss of enjoyment of life.’ However, our office will usually have a pretty good idea of a reasonable settlement range after your medical condition has stabilized. We rely on such factors as the extent and permanency of your injuries, the effect your injuries have had on your life, the amount and duration of your medical treatment, prior jury verdicts and/or arbitration awards received for similar injuries and my experience. Ultimately, the value of any given case is determined by the jury’s verdict after a trial on the merits.

Question: How much do you charge?

Answer: Our fee is contingent on the outcome of your case. That is, if a recovery is obtained for you, our fee is a percentage (usually one-third) of the amount collected. No attorney fees will be paid if there is no recovery. However, the law requires that a client is ultimately responsible for the costs incurred. In most cases, our office will advance all costs necessary to pursue your claim so you will not have to pay any money up front. Costs are then paid out of the recovery at the conclusion of your case.

Question: What if I wasn’t injured but I sustained damage to my car or other personal property?

Answer: As a personal injury law office, we only accept cases where the individual has sustained injury. This is because our fee is a percentage of the recovery obtained on behalf of the injured claimant. Most property damage claims cannot be pursued economically by an attorney where he or she is forced to charge you an hourly rate, which is often at least $150 per hour. Most insurance companies are reasonable when it comes to settling property damage claims which means you probably can settle your claim by yourself.

Question: I’m confused about the different types of coverage listed on my automobile insurance policy — what exactly is BI, UM and PIP coverage?

Answer: BI stands for ‘bodily injury .’ This type of coverage will pay claims for injury you negligently cause to another as a result of the use of your vehicle. Washington state law requires that every driver carry insurance for bodily injury with policy limits of at least $25,000. UM stands for ‘uninsured motorist’ or ‘underinsured motorist .’ If you are injured by a negligent driver who does not have liability insurance (or inadequate liability insurance), you may make a claim with your own insurance carrier if you have UM coverage. When you make a UM claim, your insurance carrier "stands in the shoes" of the negligent driver and is permitted to assert all defenses that this driver may have had against you (e.g., comparative fault, excessive medical treatment, etc.).

PIP stands for ‘personal injury protection .’ PIP pays for your reasonable and necessary medical expenses, regardless of who is at fault for the collision. Although the law does not require that you carry UM and PIP coverage, insurance companies must offer these types of coverages to you. If you choose to reject UM and PIP coverage, your insurance company must record your rejection in writing. An insurance company’s failure to obtain your written rejection of UM or PIP coverage prevents the carrier from denying the claim, even if you didn’t specifically pay for this type of coverage.

Question: What happens if I was injured in a collision caused by an uninsured driver?

Answer: You may have a claim for UM benefits under your own policy. If you make a UM claim, your own carrier has the right to use all defenses that the other driver may have had against you. A UM claim essentially creates an adversarial relationship between you and your own insurance carrier. Thus, it may be wise to retain experienced counsel when asserting a UM claim. As can be expected, your own carrier will NOT be looking out for your interests (even though you are its own insured!). Instead, your carrier will be looking for ways to pay out as little money as possible. In the event you do not have UM coverage, you may have no other practical means of obtaining compensation for your injuries. This is why you should always carry UM coverage, preferably with limits of at least $100,000.

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Technorati Tags: bodily injury, Cases, Frequently Asked Questions, injuries violated, Injury, insurance companies, jurisdiction, laws, Personal, property damage claims

Accident Injuries bodily injury, Cases, Frequently Asked Questions, injuries violated, Injury, insurance companies, jurisdiction, laws, Personal, property damage claims

Exceptional Circumstances In Automobile Accident Cases

Not everyone may be aware that litigation processes for automobile accidents are not that simple. Although some cases are already cut and dried, and no extraordinary or exceptional issue ever comes up, most cases still involve complicated matters.

These are but some of the automobile accident cases wherein exceptional circumstances tend to make the whole litigation somewhat set hurdles for the victims involved.

Auto accidents involving leased cars - there is a ruling that when a leased vehicle is involved in an accident and there are credible evidences to show that its operator is at fault and is going to be responsible for the victim/victims of the accident, the owner of the leased vehicle also becomes a responsible party.

The issue involved is that the owner becomes responsible for the negligent actions of his/her vehicle’s operator, especially when he/she has permitted the vehicle’s use by the operator.

This issue becomes an extremely significant issue whenever the liable party’s vehicle is leased.

Nowadays, many motor vehicles, like cars and trucks, are being driven on the roads, of Los Angeles County, for example, based on a lease system. An experienced and efficient lawyer on auto accidents litigation would not just be contented with knowing the name indicated in the registration papers of the vehicle. He/she will also delve deeper and find out if an exact owner exists.

Doing this is important, especially in cases of big corporations leasing vehicles. Usually the vehicle’s registration is just simply named after its driver. However, the real owner of the car, truck or otherwise is a large corporation with infinite and substantial insurance coverage.

Auto accidents involving business vehicles - in a hubbub place like the Los Angeles County, there seems to be no space for a slowing down or sleep for the people. It seems that all day round, everyone is busy with work, and thus, everyone is along the roads with their cars and other vehicular means of transportation.

Most of these vehicles, even if there is no indication of it, are being driven for business purposes. In automobile accidents, this kind of matter is an important thing to research about.

Most vehicle for business purposes do not care for announcing that they are on business as such, if you have been involved in vehicle accidents, an expert auto accident attorney would know how to dig for hidden facts or facts that are not obvious or readily available.
Knowing if the vehicle at fault is being driven for business purposes at the time of the accident is important information. The employer/company of the vehicle’s driver can be declared as "vicariously liable" for his/her or their employee’s negligence in driving their auto while on duty.

This fact must be fully explored especially for severely injured victims whose damages incurred have exceeded the insurance declared on the company vehicle.

Auto accidents involving vehicle defects - any vehicle accidents wherein the main cause is the actual vehicle’s defective parts and design must be thoroughly investigated. The vehicle’s manufacturer or parts manufacturer can be held liable for these circumstances.

Meanwhile, there is also liability for the road/highway’s improper and poor design, maintenance and construction.

Other circumstances wherein other significant liability issues may arise:

-Poor lighting
-missing or misplaced signage
-improper striping of passing lanes on the roads
-Utility poles or trees that is too close to the roadway.
-other roadway blocks and obstructions
-other highway or road defects

Other exceptional and extraordinary matters arising in automobile and other vehicle accidents involve the seatbelt laws and DUI/DWI laws of the state where the accident occurred.

These are significant issues that only auto accident lawyers with considerable experience can analyze and explore further. If you are a victim, make sure that the lawyer you have retained is digging deep into your case and is working for deserving compensation for you, according to the circumstances.

By: Lala C. Ballatan

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