New York Personal Injury Law 101

A personal injury claim allows you to demand compensation for harms suffered as the result of someone else’s negligent or careless actions, such as in a car accident. This article briefly explains the basics of personal injury law in New York, including:

• Common tactics used by insurance companies to limit the amount they have to pay you.
• When to take a settlement offered by an insurance company (and when not to).
• When to reach out and hire a personal injury attorney after an accident or injury in New York.

How Do I Begin The Personal Injury Claim Process After An Accident With Serious Injuries In New York?

While it is theoretically possible to handle a personal injury claim entirely by yourself, there are several good reasons not to.

For one, unless you are a lawyer with experience working with such claims, chances are you will make mistakes and miss vital elements of the compensation you are due. Additionally, if you are not well represented, insurance companies will seize every chance to take advantage of you and undermine your claim or limit how much they pay you.

Fortunately, working with a personal injury lawyer will save you both time and effort at a time when you should be able to focus on recovering from your serious injuries.

What Are Some Of The Most Common Tactics Insurance Companies Use To Deny Or Limit Personal Injury Claims?

Insurance companies, despite their many friendly advertisements, are not your friends. The company that is liable to pay for the harm caused to you will do everything in its power to deny, delay, or diminish your claim. For example, they will often downplay your injuries, (especially when your property damage claim is not that high), trapping you with questions as basic as “How are you feeling?”

But if you answer, “I’m good, thanks,” either by reflex or politeness, they will use it to try and close your claim. In fact, this is exactly why it’s often best to avoid talking to insurance companies at all and instead schedule an appointment with a personal injury lawyer who can take over the communication and help you avoid giving up any crucial advantages.

Remember: insurance companies are manipulative, and as much as they are supposed to work in your best interest, they do not. As such, you should always be very wary of any settlement offer they are quick to make.

If The Insurance Company Offers A Settlement Right Away, Should I Take The Offer?

It can be tempting when you are injured after an accident, maybe even unable to work, to take an initial compensation offer from the insurance company. Unfortunately, this is always a trap. They want to give you a small sum right away so that you sign away your ability to get fully compensated later, saving them an enormous amount of money at your cost.

Typically, they will offer one or two thousand dollars just to make your claim go away before you even have a chance to see a doctor or a chiropractor. Once you sign that release, though, your case is closed, and it is almost impossible to reopen it – no matter how much medical care you need later on.

If you have been injured, never accept anything from an insurance company until you speak with a medical professional and an attorney. Only an experienced team of medical providers and legal advocates will be able to tell you if a settlement offer is reasonable and will cover all the medical expenses you need to recover from your injury.

What Happens If I Can Get A Reasonable Settlement Offer From The Insurance Company?

Once a reasonable settlement offer has been reached, often after considerable negotiation and preparation, your doctor and attorney may advise you to take it. While it might theoretically be possible to get even more damages awarded by going to trial, the expense of doing so will come out of what you win, so you may end up with less of an award in the end.

Getting the insurance company to agree to such a settlement will not happen overnight, though, and will certainly take more than just a couple of visits to a chiropractor. New York has some fairly strict threshold laws about how serious an injury or harm you have incurred, that your attorney will have to demonstrate in order to be eligible to recover. Therefore, the earlier you hire an attorney in the personal injury claim process, the better.

At What Point Should I Hire A Personal Injury Attorney? Should I Wait Until The Insurance Company Denies A Claim Or Offers A Mega Settlement?

If you have been injured, you should go to an emergency room first and make sure you get the medical attention you need. Once you are in a safe environment, (no later than a maximum of 24 hours of an accident), you should contact a personal injury attorney to take over the handling of a case.

The best thing about doing so is that it will cost you nothing at all. Personal injury attorneys do not get paid until you do – so your attorney only gets paid when a settlement has been reached.

Don’t add harrowing insurance company conflicts and endless paperwork to your already considerable burdens. Hire an attorney right away to take over, and you’ll have the best possible chance of a full and fair settlement.

How Much Of The Personal Injury Settlement Amount Do Lawyers Take As A Fee?

Your personal injury attorney will only charge a third of what you end up receiving from the insurance company. Considering how little you are likely to get without their help, this is always a good deal.

Injured In New York And Have Other Questions About the Personal Injury Process?

If you have been hurt or injured in a car crash or other accident, chances are you have a lot of questions. That is normal. You might be wondering how much your medical care will cost out of your pocket and whether your claim for personal injury will end up covering all your costs – but you don’t have to go through this alone. You can get the answers you need, and help Filing A Personal Injury Claim In New York, by calling (716) 919-4100 today to book a free consultation. Together, we will see that you get the compensation you need and deserve.