Articles Tagged with FAQs

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Serious accidents can have serious repercussions.

Under ordinary circumstances, securing compensation often feels like an uphill battle. You could have the strongest case in the world, and that often is not enough to stop the insurance company from trying to shortchange you. But when the other driver does not even have coverage, trying to break even, let alone reclaim your former financial independence, could feel downright impossible.

However, you may have more options than you expect. Here is what you need to know about:

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New York law is clear.

If you or a loved one has been seriously injured in a car accident that was not your fault, you have a legal right to take action against the person or party who caused your crash. However, where your no-fault policy will often pay benefits without asking too many questions, the courts are another matter. Judges and juries care about liability, because liability determines who, if anyone, should have to pay your damages. This could be you, another driver, or somebody else altogether.

A lying defendant can make an already-difficult process more frustrating.

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A traumatic brain injury is caused by a sudden, violent blow or jolt to the head.

Most traumatic brain injuries have an obvious source: often a car crash, slip-and-fall, or other serious accident. Traumatic brain injuries, or TBIs, are serious injuries, but they vary considerably in symptoms and presentation. Some TBIs are borderline unnoticeable, while others can cause a temporary loss of consciousness. In a worst-case scenario, an untreated brain injury could lead to a coma or even death.

The 2 Types of TBIs

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A broken bone is a serious injury.

If you have broken a bone in an accident that was not your fault, you could be entitled to take action against the person who caused your injury. Filing a personal injury lawsuit provides an opportunity to recover compensation beyond your insurance policy’s limits, but calculating the value of a settlement is anything but easy.

Since broken bones can range in severity from being almost-unnoticeable to painful and debilitating, they do not have a single, agreed-upon value. Instead, your potential damages are largely dependent on how your injury has affected your life.

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A herniated disk is a painful and potentially life-altering injury.

If you have been diagnosed with a herniated disk after an accident that was not your fault, you could be entitled to take decisive legal action against the person or party who caused your injury. A personal injury lawsuit cannot undo an accident, but a successful settlement or court-ordered award could provide the compensation you need to start building back.

Herniated disk settlements often run into the tens of thousands of dollars, sometimes even higher, but there is no standard set amount for an award. Instead, your damages are calculated in accordance with the severity of your injuries, the extent of your financial losses, and the all-around impact on your quality of life.

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You cannot always avoid adjusters after a car accident, but that does not mean you should ever let your guard down while talking to the defendant’s insurance company.

Here is what you need to know about:

The Insurance Company’s Motivations

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If you have been injured in an accident that was not your fault, the prospect of spending months in court for an uncertain outcome could seem like a bad investment. Personal injury cases can take months to resolve, sometimes even years.

However, filing a lawsuit does not always mean committing to trial.

In fact, most lawsuits are never tried before a judge and jury. Instead, they are often resolved through negotiation. Settlements are not reached overnight, but compromise is sometimes preferable to the risk of a full-blown trial.

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Filing a personal injury lawsuit is often a big decision.

If you are in a position to consider taking legal action, there is probably a good reason for it. However, not every accident is worth the time, effort, and energy. If you were involved in a fender-bender that was not your fault and need help with car repairs, you should not have to take on the expense yourself, but, it is often more prudent to work with your insurance than to spend months litigating a property damage case with an uncertain outcome.

This calculus changes considerably when and where serious injuries are involved.

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Evidence can make or break a personal injury lawsuit.

If you sue, the burden of proof is on you. This means that, when you take your case to court, it is your responsibility to convince the judge and jury that another person’s negligence was the direct cause of your accident. Without the right evidence, your claim could collapse.

Sometimes judges let accident victims re-file, but making too many mistakes can come at a steep cost. In a worst-case scenario, a failed lawsuit could be dismissed with prejudice, preventing you from trying to take any further legal action.

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You should not feel bound to pay the price for another person’s mistake.

In New York, accident victims have a legal right to file a claim for compensation against the person who caused their injuries. You can still sue even if you were partly to blame for the accident, and you do not have to have a rock-solid case to talk to a lawyer and schedule a consultation.

However, filing a personal injury lawsuit is often much easier than fighting one, let alone winning and walking away with enough money to begin building back.

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