auto accident injury claim

It can be confusing to know what to do following a car accident. You are probably at your most vulnerable following a bodily injury in an accident. In many cases, the injured victims simply don’t want to claim anything except recovering from their injuries. However, pursuing a personal injury claim is vital to your ability for attaining fullest physical and financial recovery. It may also be necessary to help your family through emotional and financial complications resulting from the auto accident. Unfortunately, insurance companies don’t readily offer compensation after auto accidents. This post explains the advantages of hiring a competent auto accident attorney in New York City to pursue your rightful damages from the at-fault party.

How can a New York City Car Accident Attorney Help?

These are a few ways auto accident attorneys in New York City can make it easier for you to obtain injury settlement: 1. Communicate with the insurance company Your lawyer will understand the circumstances surrounding the incident and quickly open a line of communication with the other driver’s or any other responsible party’s insurance adjuster. The adjuster is usually responsible for devaluing or denying a claim. A dependable personal injury lawyer will ensure that they enter fruitful communication and build a solid relationship with the adjuster. 2. Obtain necessary evidence proving liability An important step in getting the compensation you deserve is to obtain necessary evidence proving liability. A reliable attorney can help you obtain the evidence you require for proving liability following a car accident. You probably may have already taken photographs of the accident site along with damage to your vehicle and other injuries. But, your attorney will send experts to the accident scene to take pictures. The lawyer will also ensure to get all police and accident reports in the case. They will speak with the eyewitnesses and investigating police officers. A judicious lawyer will do everything possible for obtaining necessary evidence of liability. They will go through all details carefully to file a claim against all responsible parties. 3. Obtain evidence of damage Having a personal injury attorney on your side can prove to be highly useful, particularly if you have suffered significant injuries. It is vital that you obtain necessary documentation regarding the injuries. It is not always easy to get copies of bills and records from healthcare providers. This is even though the records technically belong to you. Sending medical records to lawyers and patients is not the first priority of a healthcare provider. Small doctors’ offices usually don’t have the resources to cater to such requests. They may want you to request for the records in a prescribed format, failing which, they may ignore the request completely. A lawyer’s secretary or paralegal will do the groundwork for you. In some cases, the doctor fails to clearly specify the causation, prognosis, and disability in their notes. You are required to prove the following in any type of personal injury claim through medical evidence:

  • The exact cause of your physical limitation, injury, and disability
  • That the injury was caused by negligence on part of the defendant

Often, doctors fail to mention the extent of disability/injury or causation in the medical records. Your lawyer will ask for a special letter from the doctor if this happens. The special letter will include the doctor’s opinion whether the accident was the cause of the disability and injury or not. 4. Negotiate with lien holders The insurer that awards disability, health or workers’ compensation benefits has a lien on your settlement from the at-fault party’s insurance company. The lien holder has the first right to get paid out of any judgment or settlement you receive. Capable lawyers negotiate with the lien holder to reduce the amount of lien. This is an important task since every dollar that your lawyer manages to save is an additional dollar in your pocket. 5. Negotiate with defendants or insurers Negotiation is a special skill with some people calling it an art even. Personal injury attorneys are usually better at settling auto accident claims as compared to laypersons. An experienced attorney would know what a case is worth and how to conduct negotiations for achieving the best outcome.

New York Personal Injury Attorneys Can Strengthen Your Claim with Evidence

Insurance companies have a wealth of resources at their disposal. They get to work immediately after you have filed the claim. Insurance adjusters thoroughly examine the facts of a car crash along with a team of accident investigators and medical professionals. They are trying to find loopholes that will allow them to reduce the amount of compensation by a significant amount. Outstanding car accident attorneys are an essential tool in defending victim rights. Your settlement will hinge on the ability of the personal injury attorney you hire to collect evidence that supports your side of the events. Any failing, weakness, or misunderstanding of the legal code can dramatically alter your opportunity for recovering compensation. This is why it’s crucial to retain the services of a qualified personal injury attorney in New York City. They should be able to match the arguments listed by the insurance company point for point. They should have the necessary resources and knowledge to build a strong claim that helps you attain the compensation you rightfully deserve.

Insurance Companies Want to Reduce the Settlement

A number of victims that have been injured by another motorist in an auto accident adopt the attitude that the insurance adjuster handling the claim will do everything required. They think the insurance company will take care of the matter. The fact is that the insurance company will deal with the claim, but their goals are vastly different from yours. Insurance companies turn massive profits every year by denying and devaluing accident claims. They use several techniques at their disposal, such as:

  • Denying or minimizing claims whenever possible
  • Tempting claimants with drastically low settlement offers early on to complete a quick settlement. This is before the victims are fully aware of the full extent of damages.
  • Prolonging the process so that claimants accept less out of desperation

The bottom line is that eventually the insurance company involved will cover your damages. However, the amount of money you actually receive depends greatly on the manner in which you proceed. You can make sure that your rights are protected by allowing a capable auto accident attorney to negotiate with the insurer on your behalf. This will also increase the likelihood of you receiving adequate compensation that covers the complete extent of your damages.

Freedom to Take the Case to Trial if Necessary

You have two options when an insurance company refuses to make an adequate settlement offer – accept the low-ball offer or proceed to court. Legal process in terms of personal injury claims is complicated. There are several administrative rules and regulations which can be highly confusing. In addition, when a case goes to court, the burden to prove your claims falls on you. You would require the help of experts for backing up your claims in regards to emotional, financial and physical damages. Well-established personal injury law firms have adequate knowledge, resources, and ability for obtaining expert testimonies to corroborate your side of the story. An attorney will also represent your best interests effectively in court. The manner in which your claim is resolved will not just impact your present ability to recover from injuries. It will also affect your and your family’s financial future. This makes it vital that you don’t leave anything to chance.

Establishing Fault in New York Can be Difficult

You are likely to be overwhelmed after suffering injuries in a car accident. After all, another car driver caused those injuries. Unfortunately, even with strong evidence by way of eyewitness testimony you may be unable to prevent the insurance company from implicating you in sharing fault. Insurance representatives may call you expressing their remorse and trying to take advantage of your vulnerable state. They may catch you off-guard and ask you questions about the accident. The motivation behind these calls is usually to get the injured party to say something that can be used against them. You may say something that is completely misconstrued to mean something else by the adjuster. You can prevent these things from happening by attaining professional legal counsel by a skilled car accident attorney. You will be in a better position to establish the fault of the other motorist and seek adequate compensation.

When Can I Handle an Auto Accident Claim on My Own?

There are certain instances when you don’t need the services of an attorney. You can deal with the insurance company on your own if you were not physically injured, but only suffered property damage. Most importantly, you should be prepared and willing to enter the negotiation process with the insurance company. You should also be prepared to accept a less than reasonable offer on your own in most cases, if injury is involved.

Contact a Seasoned New York Car Accident Attorney Today

The experienced car accident lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP are dedicated to representing your rights and winning maximum compensation. Our committed legal team has the knowledge, skill, and determination to guide your car accident claim towards the best possible resolution. Schedule a free initial consultation with a capable personal injury attorney today. Get in touch with us today by calling at 212-344-1000 or using our online form.


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Queens, NY 11435

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The Bronx, NY 10451

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Brooklyn, NY 11238

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