When you get hurt, there are medical bills, lost wages, and pain and suffering damages to recover. Getting these paid at their full amounts can be difficult, even when the defendant has insurance.
You should always work with a lawyer to learn what your case is worth instead of relying on the insurance companies. Then, we can negotiate for damages when they refuse to pay in full. And, if they refuse to pay up, we can take the case to court in a formal personal injury lawsuit.
Call Basch, Keegan & Spada’s personal injury attorneys at (845) 303-2748 for your free case review.
The Process of a Personal Injury Case
A case generally proceeds through these stages and steps.
Get Medical Care
Immediately after the accident, get your injuries treated. If this means calling 911 and going to the hospital, do that.
You should generally go to a hospital rather than an urgent care clinic or your usual doctor, as they are not necessarily equipped to treat you. Billing through car insurance or liability insurance is also difficult with many of these clinics, but hospitals can handle it.
Report Accidents (as Needed)
You always need to report car accidents that involve injury. Injuries at your work should also be reported.
Otherwise, you might not have anyone to report an injury to. If you were hurt at a business or store, tell a staff member so they can create records of the injury.
Call a Lawyer
Always work with a lawyer from that point forward. After you have begun dealing with the immediate aftermath, our personal injury lawyers can take over.
File Insurance Claims
Insurance claims are often available. Some may pay full damages, but it is rare that insurance companies will volunteer to do this, and they often need to be convinced.
Negotiate
This is where our lawyers can shine. We can go back and forth with the insurance companies and try to get them to pay full damages without having to go to court.
Never trust their offers or sign anything before consulting with us about it. If you do, it could end your case, even if their settlement offer was far too low.
File Lawsuits
If they will not pay full damages, we may need to file a lawsuit. We may do this before negotiations break down so that we have a fallback option. Otherwise, this could be done as a last resort.
Go to Trial
You can settle after a lawsuit is filed, but if they refuse, then we will see them in court. If we take the case all the way to trial, the jury decides fault and damages, not the insurance company.
Damages You Can Sue for in Middletown, NY
Most injury cases involve these three areas of damages, though additional compensation might also be available.
Medical Bills
Treating your injuries and putting you on a path to recovery does not come cheap. As such, medical bills are one of the most expensive parts of your case.
In car accidents, your own insurance covers some of these, but you typically cannot get full damages without a claim against the at-fault party. In other cases, a claim might be your only chance at getting your bills covered.
Lost Wages
The same is true with lost wages: your insurance may cover some in a car crash, but typically not all. Lawsuits and insurance claims can help victims recover compensation for the wages they missed during recovery and wages they will miss going forward because of disabilities.
Pain and Suffering
Pain and suffering damages compensate you for damages that have no paper trail or receipts. Instead, they pay for your emotional, mental, and physical harm.
We can calculate these damages using multiple calculation methods and see what is best for your injuries, their severity, and their effects on your life.
Other Damages
Sometimes other damages are important, too. For example, car crashes involve vehicle damage, which is not something you can afford to skip. Other effects of an injury – such as lost earnings or home accommodations for a disability – might also be claimed.
Punitive Damages
In some cases, the defendant’s actions are dangerous enough that additional damages can be ordered. These do not pay you back for anything, but instead punish the defendant for their wrongdoing.
How Long Do You Have to Sue?
In most injury cases, New York law gives you 3 years to sue. There are some exceptions, especially in cases against the government and government entities, so work with a lawyer as soon as you can to file on time.
Are There Restrictions on Lawsuits?
You might face restrictions or extra hurdles to sue in three situations:
- Car accident claims can only be filed through your own car insurance unless you have “serious injuries.” Only then can you file a claim against the defendant or sue them in court.
- Work injuries often need to be filed through Workers’ Compensation, since you cannot sue your employer. However, you may still sue a third-party defendant. Lawsuits can go against an employer if they were at fault for the accident and committed certain kinds of safety violations under NY law.
- Lawsuits against the government often have additional notice requirements.
Can You Talk to Insurance on Your Own?
Do not talk to insurance without your lawyer. They will want to make recorded statements and use anything you say against you. Instead, have your lawyers speak with insurance, present them with evidence and information, and handle negotiations for you.
Can You Settle Your Case?
Yes, but do not do so until you check with a lawyer. Most personal injury cases settle without having to go to trial, but your lawyer should approve the settlement first.
Insurance companies representing defendants often give low-dollar offers that will not compensate you fully. If you sign or accept, the case is over for that amount, and you cannot sue later.
Have your lawyer reject and renegotiate low offers or take the case to trial if you cannot settle for a fair amount.
Call Our Personal Injury Attorneys in Middletown, NY Today
Call (845) 303-2748 for a free case evaluation with Basch, Keegan & Spada’s personal injury lawyers.