If you’ve just been injured in an accident due to someone else’s negligence you may be asking yourself, what steps should I take next? The fact is that after an accident you may be faced with some difficult issues to parse through. First, you may be facing serious medical bills. An emergency room visit alone can cost several thousand dollars. Next, you may be missing time from work. Finally, your everyday enjoyment of life may be impacted due to your injuries. The good news is there are often solutions to these problems. In fact, in most cases, there is one or more insurance companies responsible for compensating you after an injury.
However, navigating the world of insurance claims can be like navigating a minefield. One wrong move can damage your ability to receive compensation for your losses. There are professionals that can help you with the process. Personal injury lawyers are experts in dealing with insurance companies and can guide you through the claims process. But you may be asking is it worth it to hire a personal injury lawyer? Here are five good reasons why you should consider hiring one after an injury.
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A personal injury lawyer can cut through all that insurance company red tape.
The claims process is incredibly complicated. There are so many forms to complete and often there are deadlines that must be met for your claim to be considered. This is no accident. Insurance companies purposefully make the claims process complicated hoping you will get frustrated and give up. That’s where a personal injury lawyer can help. They are familiar with the claims process and can cut through all that red tape making sure your claims are filed properly and in a timely manner. However, you should make sure your attorney doesn’t charge extra for filing insurance claim forms on your behalf and that it’s included in their overall service.
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Insurance companies try to deny claims.
They will do this under the guise of conducting a “fair investigation” into your accident. They will ask you to give statements about your accident and supply medical records documenting your injuries. While you think your claim is being evaluated fairly, they are pouring through those records looking for any reason to deny the claim. A personal injury attorney knows how to present your claim in a way that is most supportive of your position eliminating the opportunity for an insurance company to deny the claim.
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A personal injury lawyer knows how much money you’re entitled to receive.
With years of experience, a personal injury lawyer has usually dealt with similar cases and is in a good position to know how much money you’re entitled to receive for your claim and can fight to get you that amount of money. Studies have shown that on average a personal injury lawyer receives three times the amount of compensation for their clients than an individual that represents themselves.
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Personal injury lawyers are affordable.
The biggest concern an injured individual has when hiring an attorney is the cost. Not only are you dealing with medical bills and lost wages, but now you’re expected to come up with the money to hire a lawyer? The good news is that most lawyers work on a contingency basis. That means that the lawyer does not earn a fee unless they win your case. Further, they get paid out of the insurance proceeds. So, you never have to worry about coming out of your own pocket to hire an attorney. The fee an attorney eventually charges varies depending on the type of case. However, the most common amount of money that a lawyer charges is 1/3 of the recovery. For example, if a lawyer recovers $100,0000 dollars for you, their fee will be $33,000.
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A personal injury lawyer can litigate your case in court.
Not all insurance claims go smoothly, especially if there is a large amount of money at stake. It’s not uncommon for an insurance company to make a lowball offer or deny your claim outright. If this happens you may be left in the cold with your only chance of recovery being a lawsuit. This is definitely something the average person is not equipped to take on. The litigation process is complicated. It takes years to learn how to pursue a case in court. This is something that only an experienced personal lawyer should take on. By hiring a personal injury lawyer from the beginning, you will reduce the risk of your claim being denied because it will be filed properly and the insurance company also knows that denying the claim will likely lead to a long and expensive court battle. But if the insurance company refuses to accept responsibility for your accident, your lawyer will be there for you fighting in court to protect your rights and get you the compensation that you deserve.
Being injured in an accident is never expected and rarely something you are prepared to handle on your own. It’s never a bad idea to consult with a qualified personal injury attorney to see what your rights are and learn if you have a case where you are entitled to compensation. Most attorneys offer a free initial consultation to discuss your case. So, you have nothing to lose by speaking to one.
About the Author
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents, and slip-and-fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
“No-Fault” insurance benefits are those benefits that are paid by the insurance company of the car you were driving; a car you were a passenger in; or if you were struck by as a pedestrian, the car that struck you, regardless of whose fault the accident was.
First things first, not all U.S. States qualify as such. New York, however, is a “no-fault” insurance state, which means that insureds are generally reimbursed by their insurance company for damages regardless of who was responsible for causing the accident. Insureds can be reimbursed for medical costs and other losses that might arise after the accident.
These “no-fault” benefits include payment of medical bills, prescription drugs, lost wages, housekeeping and/or transportation to and from medical providers, all as the result of the accident.
HOW CAN I GET “NO-FAULT” COVERAGE?
“No-fault” applies to any driver, cyclist, passenger, or pedestrian injured by a motor vehicle in New York.
Generally, there are several conditions that you must satisfy in order to qualify for “no-fault” coverage in New York:
- The incident must have taken place in New York.
- The injured person was a qualified party: a driver or passenger of the insured vehicle; a cyclist; or a pedestrian who was struck by a motor vehicle.
- The motor vehicle must be one of the following: a bus; car; truck; taxi car; or other vehicle covered by New York’s “No-Fault” law.
- The vehicle involved in the incident must be registered in New York.
- That vehicle must also have an insurance policy that was sold in New York or issued by a company licensed to do business in New York.
For what reasons can an insurance company stop paying my “no-fault” benefits?
It should be noted that the insurance company has an interest in denying as many accident payouts as possible. For that reason, once you have started receiving treatment the “no-fault” insurance company will begin the process of “verifying” your injuries. In essence, the no-fault insurance company will attempt to show that you are not injured. If they are able to show that you are done treating, the insurance company can stop paying for your associated medical costs, lost earnings, etc.
Bear in mind that just because a “no-fault” auto insurance company must provide up to $50,000.00 in protection, this requirement does not mean they must pay out $50,000.00 worth of coverage. As stated above, it is in their best interests not to expend the maximum amount of coverage per accident.
Through this process of “verification,” in order to confirm that you are injured, the “no-fault” insurance company may send you to one of their own doctors for an “Independent Medical Examination” (IME). You MUST attend the IME if one is scheduled; if you fail to attend/reschedule the IME twice, the no-fault insurance company may retroactively deny your benefits. In other words, it is possible for the insurance company to deny benefits from the date when you were first injured, and then seek to obtain reimbursement for any amounts already paid for wages, treatment, or other related expenses. Appearing for your IME appointment is an important first step to ensure that your regular treatments with your medical providers are covered.
What to expect at your IME
It is very important to note that the IME doctor is not your treating physician. Therefore, as a rule of thumb, while you must be truthful about your injuries, you should refrain from offering any unnecessary information to the IME doctor.
Once you arrive at your IME, you will be required to fill out paperwork. While you should complete the same to the best of your ability, do not hesitate to contact your attorney if something appears incorrect.
Before your IME, the IME doctor will have already reviewed all medical records associated with the incident. The insurance company will have provided these records to the doctor in advance. You will undoubtedly be asked about how the accident occurred, where, how your treatment is going, any complaints you have with regard to your treatment, if you were employed at the time of your accident, what your current employment is if any, and they will intimately how your sustained injuries are affecting your daily life. The IME doctor will also ask you about any past injuries or preexisting medical conditions.
Once your IME is complete, the IME doctor will note all findings in a formal report and provide that to your attorney, as well as opposing counsel. Please note that it is crucial that you fully understand each question before providing an answer, and that you ask for clarification if you do not understand, as your answers to the IME doctor’s questions will be noted in their report.
If the IME report concludes that particular treatments/specialties are already “resolved,” then the “no-fault” insurance carrier will deny your benefits for that particular specialty (e.g. pain management, psychiatry, orthopedics, neurology, chiropractic, acupuncture). A finding that an injury is “resolved” would conclude that no further treatment will benefit that resolved injury. Conversely, if the IME report finds that particular treatments or specialties are still “resolving,” then you will remain eligible for “no-fault” benefits with regard to those injuries.
What if I am denied “no-fault” benefits?
If you are denied “no-fault” benefits for any of the abovementioned reasons, you have three (3) options with regard to the next steps:
- You may take the insurance company to Court.
- Suing the insurance company for “no-fault” benefits is a long, costly process. It is also very difficult to accomplish successfully without the aid of an attorney, so be sure to speak with your attorney regarding the same if that is an avenue you wish to pursue.
- You can file a written complaint with New York State’s Department of Financial Services.
- You can file for No-Fault arbitration through the American Arbitration Association (AAA).
Who is NOT eligible for “no-fault”?
The following motorists are generally NOT eligible for “no-fault” coverage:
- Motorcyclists
- Vespa or Scooter Riders (depending on the engine size of the scooter; generally, if the Vespa or scooter is capable of traveling over 20MPH, that individual is not eligible for “no-fault” coverage)
- Someone injured from the operation of a motor vehicle while intoxicated
How Can I Apply for No-Fault?
In order to file for “no-fault” benefits in New York, follow these simplified steps below:
- Contact the correct insurance provider
- The insurance provider you need to contact depends on your role in the accident. You may either need to contact your own insurance provider or the insurance provider of the person who hit you. PALERMO LAW P.L.L.C. may be able to help you determine which insurance company will provide “no-fault” insurance coverage for your accident, and oftentimes they can help you file as well!
- Complete the following: Application for No-Fault Benefits (Form NF-2)
- Download Form NF-2 above or contact your insurance provider to have the form mailed to you directly. Fill out each section with accurate information. If you have questions about completing Form NF-2, our Personal Injury attorneys at PALERMO LAW P.L.L.C. can help!
- Review and mail your application
- Read over your application to ensure that all information is accurate and correct. Be sure to take a copy of the application for your own records prior to mailing the original.
Are there any time restraints I should be aware of?
Yes! There is a very short timeframe in which you may apply for “no-fault” coverage. As an insured party, you only have thirty (30) days from the date of your accident, in order to file an application for these benefits with the insurance company.
You can read more about “no-fault” coverage FAQs on the New York State Department of Financial Services webpage located here, or by contacting our offices, PALERMO LAW P.L.L.C., for a free Personal Injury consultation.
About the Author
Julia Mastrotto is an Associate Attorney at Palermo Law PLLC. Her area of focus is personal injury law with a heavy focus on automobile and premises liability matters.
Julia represents clients in personal injury matters zealously and with the objective of helping those who have been injured, to obtain the justice and compensation that they deserve. She finds the field meaningful, in that she enjoys bringing a sense of relief and comfort to people who have been injured.
As crazy as it seems, we are nearing the two-year anniversary since the covid-19 coronavirus disease was declared a global pandemic. So much has happened since then and many lives have changed permanently as a result. We have seen waves of high viral threats where each person has had to take precautionary measures in their personal and professional lives. We have also seen waves of calm, where the infection rate is very low along with high immunity from vaccines, and during those times a lot of our lives were seemingly back to normal.
We’re in an interesting time right now where we are seeing higher infection rates than ever before with the omicron variant, but the effects of this variant are less threatening than ones we’ve seen in the past. Because of this, things aren’t necessarily closing down like they used to, but precautionary measures are being taken. This affects many facets of life. For those pursuing a personal injury case on Long Island, the process to resolution is being affected for a number of reasons.
Trials are Delayed
The biggest factor affecting personal injury cases in Suffolk County are court delays for cases going to trial. Less courts are open than usual because of covid. Only one or two courts are open per floor in order to maintain social distancing. So while trials are happening now, they are happening at a reduced rate.
In the beginning of the pandemic, all trials came to a complete halt. Fortunately, this isn’t the case anymore. While the courthouse was open after only a month of lockdown, trials were still suspended until April of 2021. So on top of having less trials happening at once, there is a yearlong waitlist that is still trying to catch up.
Court Processes Are Slowed Down
Aside from trials being pushed back, everything else in the litigation process is taking longer to happen. For example, decisions on motions and requests for conferences are taking longer to get a response. The courts are extra busy because of how much everything has been pushed back. On top of that, people who have the virus or have been exposed are quarantined at home, reducing the staff at the Suffolk County courthouses.
Some Cases Are Settled Through Mediation
To try and combat the backup, the courts have started a mediation process to try and get more of the cases settled faster. This has helped to a degree. For more straightforward cases, a mediation procedure can be resolved through this process without needing to go to trial.
There are many instances where this route is not possible. So ultimately, a plaintiff should expect a delay of several months (around 6 to 12 months) for a trial as a result of covid. Cases are being settled. But in the cases where a trial is needed for an adequate resolution, there will be a delay.
About the Author
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
If you ever get into a car accident, when it completely wasn’t your fault, you might assume that the other driver has to pay for any injuries that occurred as a result. But that’s not really the case in New York, at least initially.
New York is a “No-fault state” which means when a motor vehicle accident occurs, regardless of who is at fault, no-fault insurance will cover financial losses for the accident. New York is one of twelve states that have No-Fault laws and will apply to any pedestrian, bicyclist, driver, and even a passenger of a motor vehicle.
Requirements for No-Fault Benefits
Action on your part is needed to redeem No-Fault benefits. To qualify for No-Fault insurance, you need to file a claim with the appropriate insurance carrier within 30 days of the accident. If you don’t meet this deadline, your claim may be denied.
Additionally, to qualify for No-Fault insurance, certain conditions must be met. New York No-Fault is strictly for New York, so the accident has to have occurred in New York, the vehicle involved has to be registered in New York, and the vehicle has to have insurance issued from a New York Insurance carrier. On top of that, No-Fault does not cover motorcycles. So the injured party has to be either a pedestrian, bicyclist, driver, or passenger of a vehicle other than a motorcycle.
What No-Fault Insurance Will Cover
As long as you meet the requirements above, you are eligible for No-Fault benefits. Even if you are in a single-vehicle accident, where you hit an object off the road or lose control because of a pothole, you are eligible for reimbursement for medical bills and lost wages through No-Fault. No-Fault benefits include payment of medical bills, prescription drugs, lost wages, housekeeping and/or transportation to and from medical providers, all as the result of the accident for up to $50,000.
No-Fault will cover all medical expenses associated with injuries you’ve incurred from your accident, usually without the need for referrals or pre-authorization. Unfortunately, not all healthcare providers accept No-Fault coverage. For No-Fault to cover lost wages, you must provide proof of disability from a medical provider and proof of employment. No-Fault will cover 80% of your lost wages up to $2,000 dollars a month. Additionally, any out-of-pocket expenses including transportation to medical providers, medications, and any other costs you make “out of pocket” that are directly related to the treatment for your injuries can be compensated. No-Fault will cover these out-of-pocket expenses for up to $25 a day.
Your Options Once No-Fault is Exhausted
It’s important to understand that No-Fault only covers your accident-related expenses up to $50,000 dollars. Once that $50,000 is exhausted, your claim will be discontinued. The only exception is if you have purchased Additional Personal Injury Protection (APIP). Additional PIP is an optional coverage that is usually not expensive. If no Additional PIP benefits are available, you may make a claim to your standard health insurance to pay for your medical expenses. You may also be eligible for Federal Social Security Disability benefits.
In many cases, serious accidents result in bills far exceeding $50,000 or even the APIP coverage. In addition to the above, you can also sue the party responsible for the accident, in order to recover the costs that you paid which exceed your policy limit. This is so you can receive the full amount as a result of the accident, including future lost wages and pain and suffering.
About the Author
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents, and slip-and-fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
Although winter weather can be very pretty, it is very dangerous in places like Long Island. Life only slows down a little bit when there is snow on the forecast, and snow and ice can be extremely hazardous for Long Islanders for a number of reasons. In addition to the danger that it brings to drivers on the roads, winter weather can contribute to pedestrians slipping and falling and resulting in serious injury. What’s scary about slipping on snow and ice is that when someone is slipping and falling, they are falling on hard pavement or hard ice.
These kinds of injuries require extensive medical treatment, which can result in exorbitant medical bills. Additionally, an injury from a slip and fall often takes a long time to recover, meaning the person may have to miss a lot of time working at their job. This is why work is involved for every property owner to ensure this does not happen when there is snow or ice on the ground. You’re not only preventing a slip or fall from a passerby but properly removing snow and ice can protect your own household from having a devastating injury. Ultimately, property owners are obligated to maintain a level of safety.
WHAT IS THE PROPERTY OWNER LIABLE FOR?
In New York State, property owners are obligated to clear their property of hazardous snow and ice in a reasonable amount of time. The word reasonable is a subjective timeframe, and understandably so because no snowstorm and no property are the same. In a case where someone is recovering losses from slipping and falling on someone’s driveway, an experienced attorney will help make the determination as to what is a reasonable amount of time. So homeowners are responsible for adequately clearing their driveways after a storm. Owners of public buildings also need to clear entryways, parking lots, steps, and ramps in a reasonable amount of time to ensure safety for any pedestrians that are on the premises.
Additionally, public sidewalks that are in front of a property in the state of New York are not the responsibility of the property owner to clear snow and ice. This means no matter how much time has passed, a public sidewalk in front of a residence or business is not the owner’s liability unless it has been previously established specifically by way of a statute or ordinance. However, if a property owner has made a sidewalk more unsafe (for example by piling snow on top of the sidewalk), then they would be liable if an injury occurs.
If the slip and fall happen in New York City, then the rules for the property owners are more strict. New York City has some very specific snow removal rules for buildings within its boroughs. The goal of these laws is to ensure the safety of the residents, employees and passersby. New York City’s Department of Sanitation requires that snow be removed no later than four hours after the end of snowfall, or not later than 11 a.m. if the snowfall ended after 9 p.m. the night before. This is due to the increased number of pedestrians in the city, making the risk of a slip and fall injury much more likely. They also cannot shovel snow into the streets, and if a hazardous area can’t be cleared, there should be warning signs to alert pedestrians.
How to Make Your Driveway Safe for Pedestrians
Not only do property owners need to clear their driveway, but they are required to do so adequately. This means driveways and walkways must be reasonably cleared and safe for passersby. Steps must be taken to make sure snow and ice are removed.
Here are 5 steps to making the best of the salt or ice melt you use on your driveway:
- Get rid of all the snow first. This is a very important start. Before anything is thrown on the ground to deice, remove as much snow as possible by shoveling or using a snowblower.
- Ice evenly and correctly. The most efficient way is to use a spreader of some sort. It’ll evenly coat the ground with salt or ice melt, and it’ll take less time than salting your driveway by hand. Make sure you rinse it in between each use. If you don’t have a spreader, you can throw salt or ice melt around your driveway by hand. Additionally, you can use a cup, but make sure you wear gloves. The important thing is to make sure you spread it evenly. If you mess up and place too much salt in one area, use a broom or water to spread it out. Salt doesn’t actually melt the ice. Salt lowers the boiling point of water. And since most ice has a thin layer of water on it, the salt mixed in with the water causes a chain reaction that aids in the ice melting even in colder temperatures. Some suggest salting your driveway before a snowstorm even hits.
- Don’t damage your driveway with an ice melt. When concrete, especially, is subjected to too much salt or ice melt, the thawing/freezing process can damage it. If your concrete is less than 12 months old, avoid using salt or ice melt. It can weaken the concrete and make it susceptible to future damage. If this is the case and you want to add traction to your driveway, use sand, kitty litter, or sawdust. Other surfaces can be damaged by too much salt or ice melt as well. Avoid getting any on plants or your lawn. Make sure you read and follow the instructions on whatever type of salt or ice melt you’re using before going out and de-icing your driveway. A damaged driveway can be just as dangerous as a slippery one.
- Protect your loved ones. If your child happens to ingest any salt, do not induce vomiting. This is not a good idea according to medical director of the South Texas Poison Center, Miguel Fernández, M.D. “Whatever is noxious going in, could be noxious coming up,” says Doctor Fernández, M.D. Instead of inducing vomiting, call the American Association of Poison Control Centers (800-222-1222) right away before turning to the Emergency Room. The American Association of Poison Control Center is equipped to handle these types of accidents.
- Protect your pets from salt. It might be a good idea to get “pet safe” ice melt. But even so, these types of ice melts aren’t guaranteed to keep your pet safe. Make sure you don’t let them lick any salt/ice melt or drink out of any puddles. Even tiny amounts of 100% sodium chloride can be deadly for dogs. If your pet ingests ice melt, contact your vet or the Pet Poison Helpline(800-213-6680; $39 per incident), or the ASPCA’s Animal Poison Control Center (888-426-4435; $65 per incident).
About the Author
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
