An accident is not intentional. However, negligence can be a significant factor in an accident. That is true of a car accident on the highway or a slip and fall accident in a grocery store. When that negligence results in an injury or loss of property, the victim of that accident is well within their rights to seek compensation for their losses. That remedy would be a personal injury lawsuit in New York.
The vast majority of accidents will involve filing a claim with an insurance company. Although you might begin that process after an accident, it can soon become overwhelming. That is when the services of an experienced personal injury attorney will be a big boost.
Your attorney becomes your representative in all matters related to the accident. The most important thing an attorney can do is to help facilitate a fast resolution that includes a fair settlement. That settlement must provide compensation for any current and future medical bills that are part of the accident recovery.
The settlement also needs to provide for lost wages. Other intangible losses can be part of an accident's aftermath. Those losses also require compensation. Your personal injury attorney will bring all those matters into focus. It will help to understand just what a personal injury lawsuit is all about.
Start With the Claim
The recovery process from a car accident starts with the insurance claim. New York is a no-fault state. That means each driver needs personal injury protection or PIP insurance. If you suffer injuries from an accident, that PIP will cover your medical bills. That is true even if the accident wasn't your fault.
However, only some insurance policies cover all those medical bills. When there is a gap and out-of-pocket expenses pile up, a personal injury lawsuit settlement can help cover those expenses.
Even though you can start the initial claim process, your personal injury attorney will step in to complete the process. But, more importantly, they can help with options if there is a claim denial.
Maximum Medical Improvement Consideration
There needs to be a maximum medical improvement consideration for any accident claim. Maximum medical improvement, or MMI, occurs when you completely recover from your injuries. That would be a few days or weeks. That point is when you can resume your normal daily activities.
However, there are some injuries where the MMI requires ongoing medical treatment. In extreme cases, the MMI might not ever occur. That type of condition can result in continuous physical or occupational therapy.
Calculating the Settlement Demands
The maximum medical improvement status will factor in any personal injury settlement. Your personal injury attorney can help calculate a fair number covering all future medical expenses. That is something you need help figuring out.
There are also other economic issues to consider, such as lost wages. Additionally, intangible damages, such as emotional distress, must factor into the settlement calculations.
Securing a Settlement
After adding up all those numbers, you will have a baseline of acceptable compensation for your personal injury lawsuit. That will become your settlement demand. Then, your personal injury attorney presents that demand. That is when the negotiations begin.
A reasonable settlement demand is often quickly agreed to by both sides. However, there could be a rejection of that demand. The default position of an insurance company is to deny any claim. Being a loyal customer will not sway that company.
Additionally, an insurance company can stall, hoping the claim will "go away." Your personal injury attorney will not let that happen. That attorney understands how important it is to find a fast resolution for a personal injury claim. It is how you can move on and find closure from the accident.
When the other side rejects a settlement demand, the next step is to file a personal injury lawsuit in New York. The statute of limitations for personal injury lawsuits is three years in New York.
Often when a lawsuit is filed, the insurance company makes a settlement. They prefer that to a trial that involves presenting evidence of the accident to a judge or jury.
Retaining the Right Attorney
Personal injury lawsuits can become a challenge. When you retain the right personal injury attorney, that attorney will take up those challenges. They have the experience and expertise to navigate through the court system. They also understand how insurance companies operate. That puts those attorneys in the best position to find a fast and equitable resolution for your personal injury lawsuit.
Brandon J. Broderick, NY Personal Injury Lawyer
If you’ve been injured due to someone else’s negligence, working with an experienced NY personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.
Contact Brandon J. Broderick, Attorney at Law, for a free consultation. With our proven track record of success with personal injury settlements and our commitment to client care, we can turn your setback into a comeback. Locations across New York State and New York City, including Brooklyn, Manhattan and Queens.