Understand in detail an Accident Compensation process in the USA
It is normal for accident victims in the USA to have doubts about what to do after the accident. In these situations it is natural for the victim and his family to become emotionally fragile. It is at this point that a professional accident lawyer specializing in accident compensation, known as the “Personal Injury Attorney”, can bring important tranquility to the family. Here are the answers to the most frequently asked questions in cases involving accidents and deaths, as well as the indemnity process.
How does an accident claim case start in the USA?
A US accident compensation case begins when a victim or family members petition a court in the US. Such petition must be done by a lawyer licensed in the state in which the accident occurred. The court in which the petition was filed will then prepare the case papers that must be handed over to the person responsible or responsible for the accident. Your petition must include all the reasons for your case as well as everything you are asking for in terms of damages and other claims.
What should I do after an accident?
The first thing is to call 911 and ask for help. Take photographs of the injuries, license plates of vehicles involved, copy of driver’s licenses of the people involved, and other elements showing how the accident happened. Contact a lawyer and follow his guidelines to the letter. Proceed with medical treatment. Write in detail in a notebook the events while they are still fresh in your head. Make a list of witnesses and their contact information
Will my case go to trial?
Most personal injury cases in Buffalo, NY do not reach the trial stage. Most cases are resolved by agreement before the trial date. A case is more likely to go to trial when there are facts or the application of a disputed law and it is not clear which part will prevail. The more careful you are with your case, the more likely it is that you and the opposing party will know how solid your case is and what the appropriate settlement value would be. If your case is one of the few that actually make it to trial, your lawyer will prepare it and explain how the steps involved will take.
How much will I receive compensation in my case?
There is no single rule to calculate what an indemnity would be, but it is possible to have an approximate idea of the amount. The value of your case includes economic losses such as medical treatment, loss of wages, medical therapy, etc. Take the sum of the economic losses above and multiply by 1.5 for moderate injuries. This multiplication factor serves to compensate for the “pain and suffering” caused by the accident.
In the US, states have the autonomy to decide whether there is a cap on how much compensation you can receive. Some states have no roof while others have a high roof. A good lawyer will be able to guide you how to best position your case to prevent such ceilings from excessively limiting your damages.