Recouping Your Losses

You are legally entitled to recoup your losses in a number of areas after you have been involved in a collision. Every collision is unique, and our law office will explore every particular area with you. Here is a general description of those areas.

Loss Income

Following an injury and medical treatment, your body will need time to rest. If your occupation makes physical demands on you, you should advise your doctor. The doctor will provide you with a written disability note authorizing you to miss time from work. This authorization is usually limited to one week and will be reissued depending on your circumstances. To protect your job, keep your employer informed of your medical condition by submitting disability notes on a timely basis.

If your employer is pressuring you to return to work against your doctor's orders, Attorney Frank A. Kirsh L.L.C.will immediately discuss this situation with him or her. Your loss income claim includes time missed from your job while recovering at home or traveling to and from your doctors, and any future impairment in your capacity to earn a living. Your attorney should obtain verification of these losses through your doctors and employer.

If you have Personal Injury Protection coverage though your own automobile insurance carrier, your loss income will be reimbursed at a reduced percentage. You are entitled to these funds even though you are still being paid at work if you have to use sick leave or vacation time.

Damages

Your legal entitlement to damages includes:

• All property damage-including repairs to your vehicle
• Use of a rental car
• Recovery of loss wages
• Recovery for future loss income
• Transportation costs to doctors
• Past and future medical expenses
• Any physical or mental disabilities
• Loss of consortium or sexual impotency
• Emotional distress
• Pain and suffering

It is completely impossible for anyone other than yourself to fully understand the pain and suffering that result from an automobile accident. The United States has always recognized the right to receive compensation for pain and suffering when caused by the negligent. Our laws incorporate the obvious concept that human pain is real. It is not something that should be dismissed. It is something we should acknowledge. Insurance companies want the public to dismiss this principle. Fortunately, our laws continue to preserve protection to the people .

The Details of Your Insurance Coverage

The law requires all operators of motor vehicles to maintain an insurance policy. In obtaining a policy for your vehicle, you should consider (1) the value of your car (2) the net worth of your personal assets if you are responsible for an accident, and (3) how much you can afford. It is generally advised that you purchase the maximum level of protection because the small additional premium cost. Here are some highlights of your policy:

• Bodily Injury and Property Damage Liability pays damages for which you are legally liable arising from injuries or death, or from damage to the property of others.
• Comprehensive covers loss or damage to your car resulting from perils such as fire, theft, vandalism, glass breakage, explosion, etc.
• Collision pays for damage to your car caused by impact with another automobile or object.
• Uninsured Motorist and Under Insured Motorist: If a driver of the other motor vehicle involved is legally liable, but either has no insurance, is under-insured, or is unknown, this coverage will pay you and occupants of your car for bodily injury.
• Medical Payments/Personal Injury Protection pays for reasonable medical expenses and loss income to certain defined limits resulting from an automobile accident. This coverage protects everyone in your car no matter who is liable for the accident. Additionally, you may be still covered if a resident in your household maintains this type of coverage. Filing a claim under this provision of your insurance policy should not increase your premiums.
• Automobile Liability Insurance coverage of the person/company responsible for your damages.
• Health Insurance obtained by you or your employer may pay for your medical expenses. Since every health plan is different, you should consult with your attorney to determine the qualifications of obtaining benefits.

To qualify for coverage, you must meet a variety of different requirements. Most importantly, each state has a time limit to file legal actions. If you miss these deadline, your rights will be waived forever. The long contracts of insurance carrier contain many provisions which often enable them to avoid paying your damages. Following an accident, I insist that my clients contact me immediately so that we can review all issues related to insurance and claims.