Auto accidents are an absolute nightmare that can leave people injured and navigating through a mountain of paperwork in order to recoup the losses they have suffered. Just discovering what type of claim you should file can be a gigantic headache, one that our Long Island auto accident firm at The Harrison Law Group, P.C. want to handle for you.
We are knowledgeable and skilled at both No Fault and Personal Injury claims and are able to assist all of our clients during the very tumultuous times after an accident. Whether you've been seriously injured or if a family member has been killed in an auto accident, our team is here to help you get the justice you deserve.
One key thing we want all of our clients to pay attention to after an auto accident is the impact of soft tissue injuries. While not as easily diagnosable as injuries such as broken bones or fractures, soft tissue injuries can have a devastating and chronic impact on your life. Seeking the opinion of a medical expert if you're experiencing a soft tissue injury is key when filing a Personal Injury claim, so at the first sign of discomfort it is important that you make an appointment with a physician.
In addition to the perils of soft tissue injuries, we want all of our clients to understand the role auto insurance companies play in personal injury claims. Because they are on the hook for most of the payment in a personal injury claim, these companies will do anything and everything to avoid payment and prolong litigation. Their goal is to get your so fed up with the process, that you'll accept less than full value for your claim. Our experienced team, knows how to handle this gross abuse of power by the insurance companies, and we will do everything in our power to make sure that you are fully compensated for your loss.
Auto accidents remain a leading cause of death and injury in the United States. Each year, thousands of people are killed, and tens of thousands of people are seriously injured, due to the negligence of others. Auto accidents can often result in what are called “soft tissue” injuries, which can include damage to muscles, tendons, and ligaments. Back and neck injuries are particularly common in accidents.
While soft tissue injuries may not be as apparent as injuries such as broken bones that can be easily seen on x-rays, soft tissue injuries can be particularly painful and debilitating. Those having soft tissue injuries often face chronic pain and have a limited range of motion that can affect not only their ability to engage in sports and strenuous activities, but also simple task such as walking or light lifting. In a personal injury case involving a soft tissue injury, it’s important to seek medical experts to prove a soft tissue injury, and to demonstrate how the life of an injured person has been affected from the injury.
As New York Auto accident law firm, our job is to seek full compensation for our clients from all those responsible for their injuries. A settlement for full compensation is usually only achieved after a case is painstakingly developed against those responsible, and when they realize that their defenses are likely going to fail at trial. Then, they have a choice – they can pay our clients full compensation for the injuries and damages suffered, or they can pay their lawyers more money to go to trial and risk losing even more money.
New York is a “no-fault” state for injuries sustained as the result of automobile accidents. This means that if you or your passengers are injured in a crash in New York, the insurance company for the vehicle you or your passengers occupied must pay for your medical expenses, lost earnings, and certain other costs that are incurred because of the crash, up to certain limits, regardless of who is at fault for causing the crash.
In order to recover in New York under a “no-fault” claim, a No-Fault Application must be filed with the insurance company for the car of the driver who hit you within thirty (30) days following the accident. We prepare and file No-Fault Applications on behalf of our injured clients, but it is important that we be contacted as soon as possible so that we can timely file this notice.
It’s important to understand that no-fault liability constitutes a completely separate cause of action which is distinct from the personal injury claim that you may have against the other driver. In cases where significant injuries or damages are sustained, we will usually also bring a separate claim against the driver (and all others who we believe are responsible for a crash), particularly as pain and suffering are not recoverable under no-fault claims. Additionally, because a personal injury claim is separate from a no-fault claim, it is important to understand that the 30 day time period for filing a No-Fault Application does not apply to initiating a personal injury claim (which may be brought at any time prior to the expiration of the applicable statute of limitations).
Call (631) 465-9797 to ask our Long Island personal injury law how to proceed with your case.
In New York, apart from bringing a claim under no-fault provisions, a separate claim may only be brought if “serious injuries” are a suffered (as defined in New York statutes and case law).
Generally, “serious injuries” under Insurance Law Section 5102 (d) include an injury resulting in:
Having a “serious injury” (as defined above) is important, as such qualification is necessary in order to recover for pain and suffering (which are not recoverable under New York no– no-fault law). These conditions typically must be proven by an expert, such as a doctor. If such conditions cannot be established, an injured person may not be eligible to recover for pain and suffering damages.
Insurance companies are often involved in serious injuries and fatal auto and car accidents. Their obligations are to their client – the defendant. Insurance companies often have significant control in personal injury cases, as they will often be responsible for most or all of the payment to be made on behalf of their insured.
When serious injury or death has resulted, defendants and insurance companies will usually do anything they can to avoid payment or prolong litigation. They know that the longer they put off a settlement, the more likely it is that the injured plaintiff (or the family of the deceased in a wrongful death case) will be willing to settle for less than full value.
Making a case in which serious injury or wrongful death has occurred takes meticulous work and painstaking investigation. Insurance companies almost never agree to pay a fair settlement at the outset of a case. Even in situations where it is absolutely clear that the defendant is 100% at fault, they will often strongly contest the amount of damages owed, especially damages for pain and suffering.
You will only have a limited amount of time in which to bring a personal injury lawsuit or your right to recovery will be lost. This time period is called the “statute of limitations.” Additionally, if a governmental agency is to be sued, often a Notice of Claim is required. For the State of New York or New York municipalities, such notice usually must be filed within 90 days from the accident (unless the court is willing to go allow a later filing).
If medical expenses were paid by an insurance company, Medicare, or Medicaid, they may have a statutory lien (or right to recover) for some or all of the medical expenses that they have paid.
We help to prove the cases of our clients by:
If you’ve been seriously injured, or if a family member has been killed, in an auto accident, we will want to meet with you to learn about the facts and circumstances of your case. Our Long Island personal injury law firm offers a free, no-obligation consultation so that you can learn how we may be able to help you. We represent clients on a contingency fee basis, meaning that we are only paid for our fees from a settlement or jury award.
Our firm is composed of a diverse team of legal advocates who are dedicated to providing excellent representation, creative problem-solving, and innovative solutions. We make ourselves available to you on week nights and weekends, to ensure that you can pursue justice without sacrificing your responsibilities.
If you've been in an auto accident Call 1-800-Injury-Law and speak to the Harrison Law Group, Long Island's trusted personal injury law firm.