Personal injury claims can result in thousands or even millions of dollars for the victim and their family. Getting your injuries compensated means covering medical bills, paying for lost future earnings, and even compensating your pain and suffering.
Never settle a case before speaking with a lawyer. Insurance companies often try to take advantage of unrepresented victims, offering low-dollar settlements to end the case quickly. When you work with us, we will fight for full damages, even if it means having to go to trial.
Call Basch, Keegan & Spada’s personal injury lawyers at (845) 303-2748 for a free review of your case today.
What Do You Need for a Personal Injury Case?
Each of these pieces is required to have a valid personal injury case:
An Injury
You can sue for property damage on its own, but our personal injury lawyers focus on physical injuries. You can also sue for mental and emotional injuries, though they are difficult to prove without physical injuries, too.
For example, a falling box at a store could hit and injure you, or it could miss you and scare you enough to cause a heart attack. Both of those situations would be valid personal injury cases. If it missed you and just scared you, it would be difficult to file an injury claim for that.
An At-Fault Party You Can Sue
You can only sue people and companies that caused the accident. For example, property owners, other drivers, and product manufacturers could be responsible for various accidents.
You cannot sue anyone if you were the one to cause the accident. Your right to sue is also limited against some parties; e.g., you cannot sue your employer for a work injury in most cases, and you cannot sue at all in car accidents unless you have “serious injuries.”
Elements of Negligence
To prove that a defendant is at fault, you have to show these four elements:
- The defendant owed you a legal duty.
- They breached that duty.
- That breach caused the accident.
- You suffered injuries and damages.
You can also sue for intentional injuries by proving different elements (i.e., that they intended to touch you in a harmful way, and actually did so).
Evidence
To prove any of this, you need evidence. This can consist of the following, and more:
- Your testimony
- Other eyewitness testimony
- Expert testimony and reports
- Pictures
- Video (e.g., security camera footage)
- Medical records and doctors’ reports
- Bills and other financial records proving damage amounts.
Should You Talk to Insurance Yourself?
You should never try to deal with insurance on your own for a few reasons:
Work With a Lawyer
Instead of talking to them directly, let us deal with insurance for you. Working with a lawyer can insulate you from saying things that might be misinterpreted or said in anger.
Do Not Sign Anything
Paperwork might have fine print or language meant to trick you into signing it. Then, that halts your case or stops your ability to sue entirely. Never sign anything the insurance companies give you without your lawyer reviewing it first.
Do Not Accept Money
Any time you accept money from the defense, it could act as a settlement and end the case for that amount. It is sometimes impossible to undo settlements, so always review things with your lawyer before you take any money.
You can take money from your own insurance – e.g., from your no-fault insurance in a car accident claim – and that does not end the case. But you have to make sure the money you are taking will not function as a settlement, so check with your lawyer.
Do Not Make Recorded Statements
The insurance company wants everything you say on record so they can pick it apart later and use any admissions or statements against you. For example, saying that your injuries “weren’t that bad” could be used to say you are exaggerating or lying now, or an apology might be used to say you knew it was your fault.
If you have to go on record, do it with our lawyers at your side.
How Does a Personal Injury Case Work?
The process of a personal injury case can be confusing to those who have never had to file one before. Things usually go like this:
Gather Evidence
You have to get together some basic evidence and info to start your case, such as
- Who was involved in the accident?
- What happened?
- Where did it happen?
- When did it happen?
This means, at the very least, getting the defendant’s name and contact info, their insurance info (if they have insurance), and other basics about the accident scene. Getting witness contact info at this time is also essential.
Call a Lawyer
From there, do not move forward without a lawyer. Our personal injury lawyers can handle the rest of the case for you, especially when it comes to dealing with insurance.
Gather More Evidence
From there, there may be more evidence we can collect:
- Your medical records
- Financial records
- Business records in the defendant’s possession
- Security camera video.
Some of this may need to be subpoenaed through the courts if it is in the defendant’s possession.
Build a Case
We will see how the pieces fit together and build an argument to use against the defense.
File Insurance Claims
Most cases are resolved through insurance claims, if insurance is available. Most businesses have insurance to cover their operations, and many homeowners also have homeowners insurance. Car insurance is also required for all drivers in New York.
Beyond that, some cases do not involve insurance – and sometimes insurance refuses to settle for a fair value.
File a Lawsuit
In those cases, we can turn to the courts. Filing a lawsuit while negotiating with insurance can leave trial as a backup if negotiations go poorly, without adding further delay. This also adds pressure: the defense needs to settle or else they know we will take them to court.
Go to Trial
If we cannot settle the case, we can fight the defendant in court. This puts the legal decisions in the judge’s hands and the decisions about facts and damages in the jury’s hands.
FAQs for Injury Victims in Guilderland
What Damages Can You Claim in a Personal Injury Case?
Injury claims often involve medical bills, lost wages, and pain and suffering, plus any property damage you suffered.
How Do You Know What Your Case is Worth?
Work with a lawyer to understand the value of your case. There may be damages you did not think of or did not know you could claim. Never trust the insurance company’s valuation of the case to be accurate; it is often far too low.
How Long Do You Have to File?
You must file an injury case within 3 years of the accident in most cases, but it is best to call a lawyer much earlier.
Call Our Personal Injury Lawyers Today
Call (845) 303-2748 for a free case evaluation with the personal injury lawyers at BKS Injury Law.