Here’s an article from the Spodek Law Group, an NYC immigration law firm. You may wonder, “Do I need a lawyer after a distracted driving accident?” The answer to that query depends on the circumstances of the distracted driving accident. Many people give up their rights because they judge from the outset that a lawyer will cost them a lot, a trial will be very long, and that the result is uncertain.
If during the accident, you were not driving a motor vehicle (pedestrian, passenger, cyclist, etc.), you will usually be compensated for the bodily injury you have suffered. On the other hand, the situation may be different if you are the cause of the accident and if your actions have also been the exclusive cause of the mishap. In the event of a disagreement on the medical conclusions, the law provides for the conditions of appeal in case of dispute generally by resort to the arbitration of a third doctor.
There is also the question of the recognition of the liability of the negligent party involved in the accident. The responsibility of the negligent party in question may be civil but also criminal if the acts he has committed constitute an offense under the penal code. Also, remember that if you were driving your vehicle, you should usually direct your recourse to compensation against the insurer of the other vehicle that was involved in the accident.
It might be different in some cases, especially in the case of a lawsuit against a city if the distracted driving was caused by hazardous road conditions. As a general rule, the party responsible for the road, whether it is an individual, a company, a city or a government, is required to maintain the street and take the necessary measures to prevent accidents. To provide an example, in winter, it is reasonable to expect the city to clear snowy roads and pour de-icing salt.
The step of proving negligence is often long and delicate, and the use of a lawyer can be essential to you if you hope to establish the responsibility of the negligent party. Also, a medical file will be useful to the medical expert for evaluation of the bodily injury for the assessment of the permanent physical damage or the review of the temporary bodily harm following the accident. It is also highly recommended that you seek the assistance of a medical consultant who is independent of insurers when the mishap is likely to have caused significant bodily and economic consequences.
On the other hand, even when the fault is established, there are certain situations where the victim must also assume some of the responsibility. Also, remember that you should only write to the court using registered mail, and you should always get an acknowledgment of the receipt of any letters. The methods of compensation for bodily injury will also depend primarily on the circumstances of the accident and the involvement or otherwise of a responsible party.
It is, therefore, if your injury is of particular importance, recommended that you approach a lawyer specialized in personal injury law who will be able to understand how to handle your case. Also, if you have had to make necessary adjustments in the house due to your limitations resulting from the accident (ramps, bars, elevators, etc.), it is essential to keep the bills to request compensation for the costs of home adaptation. Often the insurance company representing the defendant requires the entire medical record in an attempt to demonstrate a pre-existing personal condition and lessen the client’s liability for a personal injury.
Therefore, carefully review any statements before signing them and if necessary, do not hesitate to modify them if they do not seem to conform to what you want. Also, remember that the first offer of compensation that is given by the negligent party is frequently much lower than the actual amount that you may attain following a negotiation handled by an experienced legal professional.
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