According to the Centers for Disease Control And Prevention(CDC), nearly thirty million Americans seek treatment at emergency rooms for unintentional injuries yearly. The cause of a significant number of these injuries is the negligent actions of other people. The aftermath of a personal injury can be painful and overwhelming. Under New York personal injury law, individuals in Queens who suffer injuries due to another party’s negligence can seek compensation through a claim or a personal injury lawsuit.
Seeking the guidance of a New York personal injury lawyer gives you a better understanding of the accurate value of your claim, allowing you to make informed decisions and avoid accepting lowly settlements. There are multiple types of personal injury cases. These include motor vehicle accidents, slip-and-falls, medical malpractice, dog bites, and others
The Personal Injury Claims Process In New York: How A Personal Injury Lawyer Can Maximize Settlements
Personal injury victims need to enlist the services of a lawyer to guide and assist them in rigorously investigating the accident and collecting, organizing, and preserving relevant evidence to support their case.
Initial Case Consultation And Assessment
Personal injury lawyers conduct a thorough and confidential free initial assessment for potential clients. During an initial consultation, a potential lawyer will ask questions concerning the accident and try to get to know you and your case better. After discussing and reviewing the details of your case, the lawyer will determine if you have a valid and viable personal injury claim to pursue compensation.
During this consultation, you can determine if the lawyer has the experience, qualifications, resources, and time to do justice to your case. The lawyer will collect crucial information such as photographs of your injuries and damages, medical documents, incident reports or police reports, and names and addresses of witnesses to commence the groundwork for the personal injury claim
Notify The Insurance Company
In New York, it is critical to notify your insurance company of the accident. The insurance company will assign your case to a claims adjuster for investigation. The adjuster’s job is to resolve the claim by negotiating a settlement.
Conduct Investigations And Compile Evidence
After notifying the insurers, your attorney will conduct an in-depth investigation to determine liability and whether the facts and circumstances of the accident support a claim for damages. It is critical to note that the duration of this investigation can vary significantly. A reputable lawyer will conduct a thorough investigation and keep you informed throughout the process.
The lawyer will formulate a personalized strategy as every personal injury case is unique. To develop and build a robust case, your lawyers will consult with experts from different fields. These experts include medical experts, life-care planners, accident reconstruction experts, economists, detectives, mechanics and engineers, and toxicology experts.
Calculate Damages And Value Your Claim
After reviewing and analyzing compiled evidence, the lawyer will determine the extent of your physical, emotional, and psychological injuries due to the accident to value your claim accurately.
Your potential damages may include:
Economic damages for medical bills, lost wages, lost earning capacity, property damage, out-of-pocket expenditure, home alterations, vehicle modifications, and estimated future medical expenses.
Non-economic damages for pain and suffering, mental anguish, disfigurement and disability, loss of companionship, emotional distress, and
loss of enjoyment of life.
In some personal injury cases, punitive damages may be available. To qualify for punitive damages, your attorney will have to demonstrate that the at-fault party’s conduct or behavior was malicious, willful, and reckless.
New York State does not cap either compensatory or punitive damages.
A well-drafted Demand Letter Can Be A Game Changer
Your lawyer will then send a demand letter to the insurance company containing a summarized list of all the facts and information to notify them of your claims.
A professionally and precisely drafted demand letter contains:
- An extensive explanation to demonstrate the liability of the at-fault party
- A detailed description of the medical treatment undergone by the victim and the costs incurred
- A detailed description of lost wages and income
- A detailed description of the various damages and losses sustained
- A demand for adequate compensation to resolve the claim
After reviewing the demands made in the letter, the claims adjuster may deny the claim or make a lower settlement offer.
Negotiations
Insurance companies may offer quick settlements early on in the claims process if the fault is obvious and liability is not disputed. While such offers may tempt you, these initial offers are often too low and may not compensate you for your injuries and damages entirely. An experienced attorney can help you to make informed decisions and avoid accepting lowly settlement offers.
An accomplished personal injury lawyer knows all about the unscrupulous tactics that insurance companies use to take advantage of personal injury victims. Your attorney will stand up for you and compel the insurer to take your claim seriously.
If you agree to settle, you relinquish all potential future legal remedies arising out of the accident by signing a liability release agreement. After signing the release agreement, you cannot demand more money or pursue a future claim even if you uncover additional injuries or damages. After deliberations with your lawyer, you may choose to accept such an offer, continue negotiations, or file a lawsuit through your lawyer.
Litigation
Most New York personal injury cases are settled and never reach trial. Litigation can be expensive, prolonged, and unpredictable. However, by filing a lawsuit, you send a strong message to the insurance company that you’re willing to fight for what you deserve. As a result, the insurers may continue negotiating to settle out of court. A trial brings an insurance company into the limelight and allows the community and the media to scrutinize its business practices.
Contact A New York Personal Injury Lawyer
If you or a loved one have suffered a personal injury due to someone else’s negligence in Queens or any other borough in New York, an experienced personal injury lawyer can devise a legal strategy to prove your case and recover damages by settling or obtaining a favorable verdict in court. Contact a personal injury lawyer with a proven track record of success near you to schedule a free initial case assessment.
Source: Spektor & Associates, New York
