As someone who has represented car accident victims for 20 years, I have seen cases where people will unknowingly do things that can be fatal for a personal injury claim. These are the 5 biggest mistakes that either ruin or significantly reduce the deserved compensation when injured in a car accident.
After getting into a car accident, it is not unlikely that the other party’s insurance company will contact you after the accident for information. It’s important to be careful about what information you give them. You have three years to file a lawsuit against the company and you are not obligated to speak with them during that time at all. Insurance companies are only going to be looking out for themselves.
Anything you say to them they will try to use against you if possible. They want to justify handing out as little money as possible. This is especially true if you speak to them early on and your injury ends up being worse than it initially seemed. Therefore, the general rule of thumb is to not speak to the insurance company if there is any kind of injury involved. Additionally, if you have hired an attorney, let them speak on your behalf.
When an accident initially occurs, your body is going to naturally kick into “survival mode” because of the shock of the accident. Your body might initially use adrenaline to subdue any kind of pain or injury. You might initially think that you are ok and any pain you feel really isn’t bad. The problem is the injuries could be much worse than you realize but may take some time for you to notice. Therefore, if you feel any pain after a car accident, you should seek medical attention immediately.
Even though you have three years to sue the insurance company if you have a serious injury following a car accident, your case may be adversely affected if you waited to seek medical attention. The insurance company can make the claim that your injuries are not resulting from the car accident. They will try to say that something else after the accident caused your injury.
In the state of New York, you can get your medical bills and lost wages paid for if a car accident, whether or not it is your fault. What you may not know is that if you do not complete a no fault application within 30 days of the accident, the insurance companies do not need to pay for those bills.
The application, known as Form NF-2, can be downloaded from the New York State Department of Financial Services’ website. The first portion of the form asks for basic information, such as your name, address and phone number. You will also describe the events of the accident. Use the police report for reference when describing the accident.
You should provide a complete list of your injuries. You should even document minor injuries, like scrapes or bruises. Then you should record the health care providers that are treating you along with the claim number so that the insurance companies can pay the correct healthcare providers. Additionally, you should record your proof of employment and proof of disability. The time you missed from work will be incorporated as lost wages.
This is extremely important. Insurance companies will be keeping track of all of your social media trying to gather as much information as possible to use against you. Even if you are private or think you have the correct accounts blocked from your social media, there really is nothing stopping them from being able to see anything you post…even if you delete it. It is actually possible for the judge to allow all of your post history (including deleted posts) to be provided if the insurance company requests it.
The most obvious things you need to avoid is talking about the case at all or talking about the financial struggles the accident has caused you. Don’t post pictures of the scene or pictures of your injury. Don’t even talk about how you are feeling regarding your injury; it can be used against you. You even need to be very careful about posting your day to day activities as it will cause the insurance companies to question how the injury has affected you. A simple night out of dinner with your family could potentially encourage insurance companies to undermine your injury. If you post something like this, there could be little the lawyer can do to help you.
The closer you speak to an attorney after a car accident, the better. And there are many reasons why. You can remember the events clearly. You can record pictures of your injuries and the scene of the accident. They will also make sure you will receive good medical treatment and ensure that you have the necessary documents. Right when an accident occurs, the insurance companies are already likely building there own investigation to protect themselves. You need an attorney to warn you of the things an insurance company will use against you.
As you can see, a lot can go wrong if you want to file a personal injury claim. A lot of these things you might not even think about as hurting your case. The initial steps are very important and an experienced lawyer will help you build your case. If you have been injured on Long Island, New York, let us help you secure your compensation.
Hiring a personal injury attorney may be the most important decision you will make regarding your motor vehicle accident case. People choose an attorney for many reasons: the attorney is close to their home; they have used the attorney before for a real estate purchase; divorce or some other legal matter; they are friends with the attorney or they have a friend in common.
If you have suffered a serious personal injury, the attorney you hire may make the difference between hundreds of thousands of dollars, if not millions of dollars. Most attorneys want to handle personal injury cases because the right case can be very lucrative. But, without the proper background and experience, the attorney may find they are quickly in over their head. They may either try and bluff their way through or bring in an attorney qualified to handle the matter to assist. The problem here is that if your case gets off to the wrong start, it may be difficult or even impossible to right the ship. Much of the groundwork for a personal injury case is laid in the first few months. So, you should find the best attorney for your particular case right from the get-go.
The good news is that in today’s information age it is easier than ever to do your research and find the right attorney for you. I would first recommend that you assess your own personal needs to see what is important to you. Some people want to find the most aggressive attorney for their case. Others are looking for an attorney with a great bedside manner. While others just want someone they trust.
You should be looking for all these things in a personal injury attorney. I believe that you should seek an attorney that will get you the most compensation, in as little amount of time as possible and with as little stress as possible. But, no matter what your goals are, there is a sure-fire method to find the attorney right for you. It just requires some work. But, believe me, in the end, the effort you put into your search will pay off.
First, ask family members, friends, and acquaintances if they have a recommendation for an attorney that focuses on personal injury. Compile a list. Once you have a list do your own research. The best place to start is with Google.
Search for car accident attorneys in your jurisdiction. This is important. You do not want to hire an attorney from outside the area where you live. So, if your case is in Suffolk County, find an attorney in Suffolk County. If your case is in Westchester County, look for an attorney in Westchester County. Although it’s not impossible for an attorney from outside your area to handle a personal injury case effectively, a local attorney will usually have developed a reputation and relationship with judges, court personnel and local defense attorneys in the area. This may prove beneficial when push comes to shove in settlement negotiations, court proceedings and/or trials.
I will never forget a recent trial I did with an outside attorney in front of a particularly difficult judge. He had excessive court rules including the way his name was written on all submissions. If you failed to put his full middle name on a submission, he rejected the papers. If you failed to address him without standing, he would dress you down in front of the jury. Knowing this, I was able to not only avoid any confrontation with the judge but was treated with great respect. Each slight misstep that my adversary made led to some very hostile exchanges from the judge. The hostility that developed between the two men was picked up by the jury. Although the jury may not have known exactly why it seemed as though the judge was unhappy with my adversary, it worked to my favor. I believe many of the jurors thought the judge was favorable to my case. That wasn’t necessarily true but worked to my advantage in receiving a sizable verdict.
Once you’ve compiled a list of potential attorneys visit their websites and see how they describe their approach to personal injury and their on-site reviews and case results page. While most attorneys cherry-pick on-site reviews, you can often get a feel for what types of attributes they have. For example, are the reviews discussing how friendly the attorney was? Do they discuss his verdicts? Or, do they focus on how quick the case was resolved?
Also, attorneys must comply with strict guidelines regarding posting case results. I doubt any attorney would put up a false result. So, see if the attorney has obtained the types of results that are impressive. Does the attorney have any jury verdicts or is every result a settlement? That may be a clue to the attorney’s aggressiveness.
Also, read the attorney’s profile and see where they were educated. Does the attorney have any awards? Is the attorney active in community service and pro bono work?
Once you’ve read the website thoroughly, go off site to read reviews from prior clients. A good attorney should have many offsite reviews. Those reviews are likely to be the most accurate because they’re not cherry-picked by the attorney. Google reviews are very thorough in screening reviewers and is a good place to start. There are also many sites that review attorney performance that can be enlightening, such as Avvo, Justia, and Lawyers.com. But be careful on these sites because attorneys can pay for sponsored spots that may make their profile look more appealing than a more qualified attorney that does not pay for a sponsored profile.
Once you’ve narrowed your list of attorneys, it’s a good idea to meet a few of the ones you like the most. Nothing is better than actually meeting the attorney face to face. The first thing I would caution is to make sure you are actually meeting the attorney you read about. A lot of firms will shuffle potential clients off on Junior Partners and Associates.
When meeting the attorney, ask them to explain your case and ask for their
take on it, their strategy and feelings about success and their plan for handling it. Remember, attorneys usually work on a contingency basis. So not every attorney will be willing to take every case.
I personally will only get involved in cases where the prospective client has suffered significant injuries. My practice focuses on maintaining a manageable caseload and this way I can provide personal attention to each case. There was a time in my career where I was handling over two hundred cases at a time. I found this to be stressful and felt I was losing the ability to get to personally know each client. I’ve since opted to limit my practice to less than 100 cases at any one time. Now I know each client personally and enjoy representing them!
Finding an attorney is like any other significant purchase you make. In the end, you must rely on your gut a little. But, if you’ve done your due diligence you will likely find the right attorney for your case.
Patchogue is often known for it’s nightlife. Once the sun goes down, you will begin to notice restaurants moving tables and turning on colorful lights. The problem is these restaurants do not have the license or permission to turn their restaurant into a nightclub. Patchogue Village Attorney Brian Egan defines a nightclub or cabaret as “The permanent or temporary removal of chairs from such an establishment to permit any live entertainment, disc jockeys, dancing, [during] hours of operation beyond normal times of dining”.
As a result in June 2018, the Patchogue Village Trustee Board have voted to ban nightclubs on Main St in Patchogue Village. The hope is to make the downtown area much safer. There is only one legally approved restaurant in Patchogue called the Stereo Garden to operate as a nightclub. The rest of them are mostly restaurants clearing their tables and chairs to illegally become like nightclubs. Paul Pontieri, the mayor of Patchogue says, “Nightlife in the village has grown to a point where some limited controls need to be put in place to help manage it. This piece of legislation does that.” The high amount of nightlife in Patchogue definitely poses potential safety hazards. It creates 3 big potential problems.
Every property owner is responsible for the safety of anyone that enters their establishment. So if someone gets injured due to an unsafe condition, it is the owner who is responsible for the injury. The problem with many of the restaurants operating as nightclubs is that they are now operating as an establishment they do not have the licenses and approval for. This could easily cause overcrowding.
Overcrowding can cause a number of issues. For one, buildings are required to have a yearly inspection by the fire department to note potential fire hazards so that the owner can make the building safe. When Patchogue restaurants convert their building into a nightclub, they are no longer under the same conditions that the fire department has inspected. Likely, the amount of people that crowd a nightclub exceeds the maximum occupancy. If the worst case scenario happens and there is a fire, it could be extremely difficult to get an overcrowded building of people outside where it is safe.
The other safety hazard with overcrowding is pushing, shoving or even trampling. This is more likely with nightclubs having an increased chance of intoxicated people present. If this occurs and results in an injury however, it is the owner of the premises who is responsible. They have created an unsafe conditions by overcrowding their establishment beyond what is considered safe.
Legal Dictionary defines Assault & Battery: “Assault is an act that creates an apprehension in another of an imminent, harmful, or offensive contact. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery is a harmful or offensive touching of another” (https://legal-dictionary.thefreedictionary.com/Assault+and+Battery). Some have commented on the fact that the nightlife in Patchogue has resulted in fights. One Patchogue resident commented, “The nightclub ban is probably going to stop, you know, a lot of fights. People get drunk, and they take the fights outside. So the nightclub ban is actually a smart ban.”.
Alcohol intoxication is known to increase chances of fighting. Over-drinking decreases inhibitions and could increase aggression. This means that even small misunderstandings could turn into a fist fight. And for criminal offices, voluntary intoxication (getting drunk) is not a defense for an assault or battery case. If you receive an injury because an intoxicated person physically assaulted you, you are entitled for compensation.
When people are out late, they are probably drinking. Restaurants in Patchogue are operating as nightclubs because of the amount of money they make from selling alcohol. The high amounts of nightlife in Patchogue increase the risk of people who are over-drinking. Ultimately, this could lead to more intoxicated driving on the road. Intoxicated drivers are incredibly dangerous to share the road with.
We recently discussed in an earlier blog post how to tell if a drunk driver is on the road and how you should respond. Pay special attention if you are driving near Patchogue village at night time. Hopefully, this ban reduces the number of intoxicated drivers in eastern Long Island.
Palermo Law has represented many injured individuals including those affected by premises negligence, assault, and drunk driving. The Mayor and Board of Trustees in Patchogue are implementing steps to make Patchogue Village a safer environment at night. However, if you have suffered an injury in Eastern Long Island, we have an office right in Patchogue and can set up a free case evaluation so you can receive your necessary compensation.
Not all motor vehicle accidents will require hiring a personal injury attorney to handle the case. Generally, a personal injury attorney can help with automobile accident claims. However, in certain instances spending the money on an attorney will not be necessary. First, there are two different fee arrangements you can make with an attorney to handle your claim.
First, you can hire an attorney on an hourly rate. Second, an attorney may be willing to work on a contingency fee. When an attorney works on an hourly rate they will usually require a retainer. Once paid, the attorney will bill you based upon an hourly rate and subtract the bills from the prepaid retainer. Once the retainer is exhausted, the attorney will require you to replenish the retainer.
When an attorney works on a contingency basis, the attorney will not charge a fee upfront. Upon resolution of your claim, your attorney will be compensated by receiving a percentage of your recovery. Thirty-three and 1/3 percent is the standard contingency fee. However, there are a few instances where that amount may be different.
Where you have not suffered a serious injury, an attorney will not likely accept the case on a contingency fee. In those situations, you will either have to pay the attorney an hourly fee or handle the case by yourself. If you find that dealing with the insurance companies is too difficult or time-consuming you might hire an attorney to complete the necessary claims paperwork to ensure you receive the benefits you are entitled to. Also, if you feel that the insurance company is not treating you fairly or just so disorganized that you are getting nowhere with your claim, you may want to get an attorney involved.
If you have suffered an injury, you may want to hire an attorney and depending on the seriousness of the injury, the attorney may work on a contingency basis. If your injuries are serious, such as fractures, brain injuries, disfiguring injuries or other types of serious injuries, it is always advisable to consult with and hire a personal injury lawyer.
A lawyer working on a contingency basis will almost always result in you recovering more money than if you go it alone. Attorneys have the experience and resources to evaluate and pursue a personal injury claim for you. You may not even understand the full extent of your injuries and the financial implications of such injuries and may be underestimating what would be fair compensation.
Ultimately, hiring a personal injury attorney is a personal decision you will face should you be involved in an accident. I would just remind you that an insurance company has one goal in dealing with your claim: to save money. Therefore, they will use every means at their disposal to limit the benefits they pay you. An attorney knows all the issues that will come up during your claim and is familiar with the tricks that insurance companies use to save money on your claim. Further, most attorneys offer free consultations to discuss your claim. So, you have nothing to lose by consulting with an attorney except about an hour of your time.
If you’ve been involved in a motor vehicle accident and filed a claim with an insurance carrier, you have probably already spoken with an insurance adjuster. For those of you unfamiliar, an insurance adjuster is a representative of an insurance carrier assigned to your claim. The adjuster gathers information about your claim to determine if the carrier is responsible for payments pursuant to your policy and if so, the adjuster calculates the payment and then issues said payment. This process is known as “adjusting a claim.” There are several types of adjusters you will likely have to deal with during the pendency of your motor vehicle accident claim.
A property damage adjuster adjusts your property damage claim. Property damage refers to your vehicle and any property that was damaged in the vehicle at the time of the accident. The property adjuster can be employed by either your insurance carrier or the offending vehicle’s insurance carrier depending on which carrier you are making a claim against. Once a property damage claim is started the carrier will assign a claim number along with a property damage adjuster. You should always have your claim number handy when communicating with your adjuster for them to easily access your claim.
Once the property damage adjuster is assigned you must coordinate an inspection of your vehicle and all damaged property. You should not discard the vehicle or any damaged property prior to having the insurance carrier inspect the property. Also, gather any receipts for items that were damaged or receipts for any prior vehicle upgrades that may have increased the value of your vehicle, such as new tires. The inspection is usually done by a qualified expert for the insurance carrier. Once an inspection has been completed the expert will make a list of all damaged items and calculate the price of repairs. This report will be forwarded to your adjuster. You are entitled to the property damage report and I recommend that you obtain a copy. Discuss the report with your auto body shop prior to accepting payment as they may have a different opinion on the damage to the car. If so, you will need to ask for a re-inspection to address those items.
If the damage is too excessive, the adjuster will deem the vehicle a total loss and offer to pay for the current fair market value of the car. This is often called the “book” value as it is usually determined from publications such as Kelley’s Blue Book. The insurance carrier is only responsible to pay for the current fair market value of the car. If you have a car loan and that loan exceeds the value of the car, you will be responsible for the difference. Often, people purchase gap insurance. If you have that type of insurance coverage in your insurance policy, it will cover the difference between the book value of your vehicle and the loan amount.
If there is a disagreement about what the insurance carrier values your vehicle as opposed to you, you do not have to accept the offer. The way this dispute is resolved depends upon which carrier you made a claim with. If the claim was put through your own collision coverage, you can request arbitration. If the claim was put through the offending vehicle’s insurance policy, you can pursue recovery through the court system.
A no-fault adjuster is assigned to handle your no-fault claim issues such as medical bills, lost wages and other out of pocket expenses. To recover no-fault medical payments, your healthcare provider must bill the no-fault carrier. You should make sure your health care providers are made aware that your treatment is because of a motor vehicle accident and are provided with the no-fault claim information. Failing to do so may cause your healthcare provider to miss important deadlines to submit medical bills to your carrier, which could cause them to seek payment from you. Also, don’t just assume your carrier will make payments just because you provided your doctors with the proper claim information. If you receive medical bills, contact your adjuster and submit those bills for payment.
No-fault does not preapprove medical treatment. If you seek treatment and that doctor accepts no-fault coverage and your adjuster denies payment stating that the treatment was not medically necessary, your healthcare provider is not allowed to pursue payment from you directly except in very limited situations. It is incumbent on the doctor to resolve that issue with the carrier and not you. Therefore, should you receive collection letters from your doctor’s office for medical bills from your car accident, refer them directly to your carrier to seek payment. Should your doctor refuse and continue pursuing you for payment, hire an attorney to protect your interests.
If your treatment lasts for several months, your no-fault adjuster may request you attend an independent medical exam (IME) to determine if treatment is still necessary. There are generally three outcomes of an IME.
If treatment is terminated you can use your private health insurance to pay for future treatments.
Your no-fault adjuster will also issue no-fault lost wages up to 80% of your salary up to $2,000 a month provided that you can supply a lost wage verification form from your employer, and a medical note stating you cannot work from a qualified healthcare provider. Once these documents are received by your adjuster, the carrier has 30 days to issue payment. Again, this is something that you must continually follow up on with your doctor, employer, and adjuster to make sure the paperwork is being completed and processed. Don’t assume because you’ve done your part that everyone else will do the same. I’ve seen many employers and doctor’s offices fail to return the forms and many carriers loose paperwork. Further, your adjuster will require updated medical notes every thirty days.
Finally, try to develop a good relationship with your adjuster. The better your relationship, the more likely your payments will be processed quickly.
Your bodily injury adjuster may be the most important adjuster you will deal with. This adjuster is employed by the offending vehicle’s insurance carrier to adjust your bodily injury claim. Not all motor vehicle accidents will have a bodily injury claim. But if you do, this will be the person that evaluates the claim and decides how much money to offer to settle the case. I advise people that if you have suffered bodily injuries, it is usually best to hire a personal injury attorney to handle the claim. There are rare instances where you may be better off handling this claim on your own.
The bodily injury adjuster will gather the police accident report, witness statements, medical records, lost wages and out of pocket expenses. Once the adjuster has compiled all that information they will evaluate the case. I always advise asking the adjuster to not evaluate a case until all treatment is complete. Once a case has been evaluated an adjuster will decide whether the carrier wants to settle. If so, the adjuster will make an offer to settle. If not, the adjuster will decline to make a settlement offer.
If the adjuster makes a settlement offer, you have a few options. First, you can accept the offer. Second, you can negotiate for more money. Finally, you can skip negotiations and pursue your claim in court by starting a lawsuit. Obviously, I would suggest to never accept an adjuster’s first settlement offer. It’s been my experience in the vast majority of cases I have handled that an adjuster always leaves room to negotiate a claim. There are limits to their ability to offer money to settle a case. The adjuster is usually given a range of money in which to try and settle a case by a supervisor. Once that limit is reached the adjuster will offer no more money.
If an offer was conveyed to you that you feel is insultingly low, it may be best to not even negotiate and just proceed to court. Negotiating an unfair offer never results in reaching an amicable resolution and just delays the inevitable need to go to court.
As a practicing personal injury attorney, I’ve been consulted by prospective clients at all stages of the claim process. Often, when a person receives a low offer they will come to me seeking help. It’s rarely too late to consult with an attorney except in cases where a person has executed a release. Then it’s likely too late.
I’m never surprised at the difference between what an adjuster will offer to settle a case with an inexperienced layperson as opposed to an attorney. I was once consulted by a client that was offered $15,000. After several months of litigation, we were able to obtain 20 times that amount of money. Consulting with an attorney is never a bad idea. Even if you decide to pursue that matter on your own, at least you will receive some valuable pointers.
Finally, no matter what type of adjuster you are dealing with, remember that person is employed by an insurance carrier. No matter how nice they are, ultimately it is their job to minimize the money that you receive for your claim. So, always be wary and do your research before executing any releases.
