Category: Personal Injury

What is the average settlement for a personal injury?

Accidents can happen at any time, and they can result in a wide range of injuries based on the nature and severity of the crash. While some injury claims in New York are resolved through insurance policies, others, particularly those involving serious bodily injuries or wrongful death, result in personal injury lawsuits. A large number …

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What is New York Injury Threshold?

You may be entitled to compensation if you or someone you love suffered a bodily injury because of another person’s recklessness, malice, or negligence. Based on this, your personal injury claim will be considered valid only if you have actually sustained an injury that is considered “serious” enough to meet the minimum injury threshold set out by law. New York Insurance Law §5102(d) describes the types of injuries following a motor vehicle accident that qualify for New York’s serious injury threshold. 

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What is The Personal Injury Lawsuit Process in New York?

Every personal injury lawsuit filed in New York courts is unique, but the lawsuit process generally involves similar steps from commencement to resolution. It’s vital to know the various aspects related to filing a personal injury lawsuit in New York. You can be better prepared for your initial consultation with a personal injury attorney once you know the basics of the claim process you will have to follow.

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How New York Personal Injury Laws Affect Your Claim?

When you get injured due to another’s fault, you may have a claim for personal injury. In New York, this usually involves seeking compensation under the doctrine of negligence. A wide variety of cases fall under personal injury, including motor vehicle accidents, construction accidents, and premises liability claims. The statutes governing these cases are outlined in New York’s legal code.

These statutes affect personal injury claims by imposing deadlines for filing claims, requiring you to prove your injuries meet or exceed the serious injury threshold to file a claim, limiting who can file a wrongful death claim and the damages they can receive, and whether or not you from filing a lawsuit against government agencies.

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What is Comparative Negligence in New York Personal Injury Cases?

If you have been injured in a New York City auto accident and you believe that another party was at fault, you may file a claim against that party to recover damages. However, the defendant may argue that your behavior contributed to the accident. If this happens, the court will consider your level of responsibility in causing the accident.

New York follows a system of comparative negligence to determine the amount of damages you can recover in a case like this. Under this system, if you are found to be partially responsible for causing the accident, your share of liability will be deducted from your final damage award. Comparative negligence applies to most personal injury cases in New York City, including car accidents, slip and fall accidents and wrongful death cases.

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Things Your Insurance Company in New York Doesn’t Want You to Know

Following your car accident and personal injury, you cannot expect the insurance companies to protect your rights and financial interests. You should be careful when you are filing a claim following an accident and injury in New York City. 

Insurance companies, at the end of the day, are businesses with a profit line to consider. Here are a few things that insurance companies sometimes indulge in that may work against your interests as an injured victim. Clearly the insurer will never want you to know about these facts as discussed below.  

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How Insurers Deny Your Personal Injury Claim in NYC

Many people simply give up when their personal injury claim is denied by the insurance adjuster. However, you should remember that just because your claim is denied, doesn’t mean that you have a weak case for compensation. The primary reason why insurance companies deny accident claims is to increase their profit margins. 

It’s critical to note that the insurance company may be acting in bad faith and may not have your best interests at heart. Make sure you speak with a reliable New York City personal injury attorney before accepting a low settlement offer. At the same time, it is best to avoid making any recorded statements to your insurer without a trusted lawyer’s advice. 

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Whiplash Injury Claim in New York: A Short Guide

Whiplash is a common form of injury in car accidents that leads to severe pain. But unless the problem is identified specifically as whiplash and treated as such, it is likely to cause long-term damage to the injured person’s health. 

Proving that you have suffered a whiplash injury is not very easy and this makes many New York City car accident victims feel apprehensive about their chances of receiving compensation. However, with the help of a dedicated whiplash attorney in New York, accident victims can recover damages to help them cope with the lingering effects of their injury.

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What Are The Stages in a New York Personal Injury Case?

For most persons injured in a New York accident, the legal process of claiming compensation can seem quite overwhelming. The wording of the laws and the entire structure of the system to seek justice is such that navigating it without an expert personal injury lawyer on your side can be a huge challenge.

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