Dealing With Insurance Companies
Get a professional Long Island injury lawyer on your side.
When you are in an auto accident in New York, and you suffer physical and/or property damage, you ordinarily would look to the insurance company to compensate you. It could be your own insurance company or that of the other party. New York is a no-fault state, which means basically that for "non-serious" injuries, your insurance company will pay medical bills and any lost wages up to a certain amount while not allowing you to take the matter to court. It does not matter who is actually at fault for the accident. No-fault also includes accidents with pedestrians and bicycle riders.
In a case in which you or someone you love has suffered serious injuries, you could have problems, as the insurance company will take certain actions to minimize the status of your injury, and keep it within the non-serious status. If you have been injured in an accident, you need to contact a Long Island car accident attorney who handles motor vehicle accidents to find out what kind of compensation you really should be able to recover. The more serious the injury, the more important it is to be represented by an Long Island auto accident lawyer who has the experience and skill to fight aggressively to see that you receive the full benefits you deserve.
Cases of Serious Injury in Long Island
A problem can arise with the term "serious injury." If your injury qualifies for this status, then you will have the ability to sue for greater compensation for pain and suffering. This is not related to who is actually at fault. Your insurance company may hire an independent medical professional to look over your medical records. This doctor will not examine you personally, in most cases. Quite often, this doctor will report that you did not suffer a serious injury, or that no treatment is necessary at all, thus denying any no-fault benefits.
Or insurance may pay some of the medical bills, but upon the recommendation of the independent doctor may claim that no further treatment is necessary, or that you can in fact go back to work, may cancel any further benefits. These are distressing issues to deal with, and most people are unsure what to do next, or just accept the low settlement, which may not even cover medical expenses, much less lost wages.
Under no-fault insurance, the maximum amount that can be paid is $50,000 per injured person in the insured's vehicle, or a pedestrian hit by that vehicle. This payment is for actual medical bills, a portion of lost wages, and any other necessary, basic expenses. There is no compensation for "pain and suffering." If you suffered injuries that qualify under the "serious injury" category, then your case can be brought to court. These cases can be quite complex and require a very knowledgeable lawyer to persuasively present a well-documented case, and fight for your rights against the insurance company.
How can a personal injury attorney help me?
Without legal representation, you are fighting an uphill battle with an insurance company if you hope to be properly compensated for injuries and lost wages incurred in an accident. There are specific deadlines for filing claims. An investigation by an experienced personal injury lawyer could involve any or all of the following: hiring investigators to investigate the accident scene, retaining medical and property damage experts, accident reconstruction experts, and full case analysis and trial preparation, if a case is not settled prior to trial.
At The Odierno Law Firm, P.C. once we know the facts of the incident and the full extent of injuries and damages, we can advise you as to whether your case truly falls under the no-fault status or whether you should be seeking compensation for more serious injuries.
We take over all the necessary paperwork and negotiations with the insurance company involved. Contact us to find out how we can help you.
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