By far, the question I most frequently am asked by prospective and actual clients is, How much is my case worth? It might come off as a little blunt, but I like to compare this to asking, How long is a rope? because it’s impossible to know without seeing both ends—that is, the start and conclusion of the case.
The value of a case can’t be accurately determined until I have fully understood your injuries, the impact on your life, any residual physical or emotional issues you may face after the accident, or any long-term consequences you otherwise experience. In line with this, one of the most common misconceptions is that personal injury cases have a much higher value than they actually do.
I wish people understood that the legal process in personal injury cases is a journey. It requires time to gather all the necessary information, assess medical reports, and understand the full scope of the injury’s impact. Sometimes, this process moves quickly, but other times, it can take longer, depending on the unique circumstances of each case. Patience and trust in the process, as well as a skilled and trustworthy attorney, are vital for achieving the best possible outcome you can.
When you suffer an injury, whether it’s from a slip and fall, a motor vehicle accident, or a construction accident, seek medical attention immediately. Visit a caregiver, physician, emergency room, or urgent care facility as soon as you reasonably can. This is a two-edged sword: not only does it quickly address any physical injuries you may have suffered but also documents them, which will be incredibly important later on in your case.
Once you’ve gotten the medical attention you need, contact a reputable personal injury lawyer. They can guide you through the process of working with the insurance company of whoever is responsible for your injury. Know that although starting the process of resolution is obviously necessary, it’s not wise to foolishly rush to settle it. Accepting the first offer or settling too quickly can be a grave mistake at this point in time because the full extent of the injury and its long-term effects might not be immediately apparent.
It’s also vital that you continue seeking medical care if your condition changes or worsens. Even if you initially feel okay, injuries can manifest or become more severe in the days or weeks following the incident. Always communicate with your medical provider about how the injury occurred and any symptoms you’re experiencing. These early steps are key to laying a strong foundation for your personal injury claim.
When beginning work on a personal injury case, there are two primary areas of focus: liability and injury. Together, these two factors form the foundation of any personal injury case, helping in assessing the strength of the case and the potential for recovery.
Liability pertains to determining who is at fault for the incident. This involves investigating the circumstances of the accident and identifying what actions the responsible party took that they should not have or what actions they failed to take that they should have. For example, did the person who caused the accident run a red light or blow through a stop sign because they were distracted by their mobile phone? Establishing liability is so important because it determines who is legally responsible for the damages.
In addition to liability, the injury itself must meet certain criteria, especially under New York law, which has a serious injury threshold. This means that not all injuries are eligible for compensation. The injury must be serious enough to qualify, which can include anything from a fracture to a significant loss of use of a body function or organ. Understanding the extent and impact of the injury is necessary in order to build a strong case and prove that the injury meets the thresholds outlined by New York state law.
In New York, if the plaintiff is partially at fault for the incident that caused their injury, it impacts their claim through a legal concept known as comparative negligence. This means that the degree to which the plaintiff’s own conduct contributed to their injury will be assessed, and the compensation they receive will be adjusted accordingly.
For instance, consider a case where a driver who is primarily at fault ran a stop sign and hit another vehicle. If it were a four-way stop, we would examine whether you, the other driver who was hit, exercised reasonable care before coming out of a stop and entering the intersection. Now, suppose you noticed the other car moving quickly and not slowing down but decided to enter the intersection anyway. In that case, you would have some degree of fault in contributing to the accident, and it would need to be formally determined.
The process involves determining the full value of the case by considering the injuries and damages. Then, we evaluate the degree of fault each party bears. If it is determined that the plaintiff is 20% at fault, for example, their compensation would be reduced by 20%. So, if the total damages were $100,000, the plaintiff would receive $80,000 after accounting for their share of the fault.
When you’re at the scene of an accident, it’s important to be careful about what you say. While it’s necessary to exchange information such as names, addresses, and insurance details, especially to help your lawyer later on, you should avoid discussing fault or making any statements that could be twisted and used against you. In New York, if the police are involved, they’ll collect and provide this information through an accident exchange information form.
While being polite and exchanging basic information is okay, making statements that might imply fault can be problematic. Even saying something like I’m sorry might be used to suggest you admitted guilt later on. It’s better to limit conversations to the essential exchange of information as much as you possibly can.
However, if the other party makes statements admitting their own fault, it’s best to take note of that in whatever way you can. If there are witnesses, either passengers in your vehicle or bystanders, who hear these admissions, their testimonies can be very helpful later in supporting your case.
The key? Remain calm, collect the necessary information, and avoid making any statements that could potentially be misinterpreted regarding fault.
After an accident in New York, promptly notifying your own insurance company is essential to ensure your coverage remains intact. Many people wonder whether they should call their own insurance company or if that responsibility falls to the other party involved in the accident. The clear answer is that you must inform your own insurer as soon as possible.
Insurance policies typically include clauses that require you to notify your carrier within a reasonable period of time after an accident. This timeframe is somewhat subjective, but delaying too long can result in your insurance company denying your claim. If you don’t notify them promptly, they may refuse to cover any damages or medical expenses resulting from the accident, regardless of who was at fault.
Understandably, some people worry that reporting an accident might lead to increased premiums. While this is a valid concern, the risk of having your claim denied for failing to report the accident is far more significant. Insurance companies have adjusters and underwriters who determine the impact of an accident on your premiums. It’s better to face a potential increase than to find yourself without coverage.
Review your insurance policy to understand the specific requirements and deadlines for reporting an accident. If you don’t, you could jeopardize your coverage and potentially suffer the severe financial consequences of having your claim denied.
The at-fault party’s insurance company will likely attempt to contact you, often as soon as possible after the accident. They will want to get your perspective on how the accident happened and learn about your injuries. In some cases, they might even offer you a settlement early on, hoping to resolve the matter before you have the chance to consult with a lawyer.
Know that there are significant risks in speaking directly with the insurance company without legal representation. Here are a few key points to consider:
Anything you say can be used by the insurance company to minimize their payout. Even innocent comments or casual remarks about your health or the accident could be taken out of context and used to argue that your injuries are not as severe as you claim.
Insurance companies may try to offer a quick settlement to close the case before the full extent of your injuries or damages is known. This is often not in your best interest, as it may not cover all your expenses, especially if complications or long-term issues arise later.
You are not obligated to speak with the insurance company or provide them with detailed information. It is your right to seek legal advice before engaging in any discussions or negotiations.
For these reasons, I highly recommend consulting with a personal injury attorney before speaking with the at-fault party’s insurance company. Your attorney can handle all communications on your behalf, ensuring that your rights are protected and that you receive fair compensation for your injuries and losses. They can also help you avoid making any statements that could potentially dramatically harm your case later on.
Peter Hobaica, a seasoned personal injury attorney at Hobaica Law Office in New York, has extensive experience guiding clients through the complexities of personal injury claims. With a deep understanding of New York's personal injury laws, Peter has successfully helped countless clients navigate their cases, ensuring they receive the compensation they deserve. His ability to assess the full impact of injuries and advocate for fair settlements makes him a trusted advisor for those facing the challenges of personal injury claims.
Ready to discuss your case and be made whole? Contact Hobaica Law Office today for a consultation.
In a personal injury case, several types of claims can be made depending on the nature and extent of the injury. They include:
This is one of the most common types of claims. It encompasses both physical pain and emotional suffering. When you’re injured, the pain can affect your entire being, making it hard to focus on anything else. Emotional suffering can be just as draining, affecting your mental health and overall well-being.
If your injury prevents you from engaging in activities you once enjoyed, you can claim loss of enjoyment of life. This could include hobbies, recreational activities, or even daily tasks that you can no longer perform due to your injury.
If your injury affects your ability to work and earn an income, you can claim economic damages. This can include lost wages, loss of earning capacity if you can’t return to your previous job, and any other financial losses related to your inability to work.
These claims help quantify the impact of the injury on your life, both in terms of emotional and physical suffering as well as financial loss. Before discussing the value of a case, it’s vital you consider all these aspects to ensure that all areas of damage are accounted for.
In New York, the timeframe for bringing a claim varies depending on the type of case. For general negligence cases, which include auto accidents, slip and falls, and construction site accidents, the statute of limitations is typically three years from the date of the incident. This means that if you’ve been injured in such an incident, you generally have three years to file a lawsuit.
In cases where the incident results in wrongful death, the statute of limitations is shorter—two years from the date of death. This applies when someone dies due to another’s negligence.
For medical malpractice or medical negligence cases, the statute of limitations is two and a half years, or 30 months. It’s important to be aware of these time frames because if you miss the deadline, you may lose the right to pursue your claim.
There are also specific rules for cases involving claims against the state of New York or any municipality. In these cases, you must file a notice of claim within 90 days of the incident. After filing the notice of claim, you then have one year to file the actual lawsuit. These rules can be complex, so it’s definitely worth consulting with an attorney promptly to ensure you don’t miss any critical deadlines and jeopardize being able to exercise legal course for your suffering.
If you are injured in an accident and waiting for your case to settle, there are a few ways to cover your medical bills.
First, if you were driving in a car accident, your no-fault personal injury protection (PIP) coverage would pay for your medical expenses. PIP is designed to cover your medical bills and other losses regardless of who was at fault in the accident.
Once your PIP benefits are exhausted, if you have your own health insurance, that would be your next source of coverage. Health insurance can help cover ongoing medical expenses, particularly in cases where the injuries are severe and require extended hospitalization or multiple surgeries.
Additionally, if the other party is found to be at fault, their insurance company may eventually reimburse your insurance providers. However, this typically happens after the settlement or conclusion of the case, which is why using your own insurance initially is important.
It’s important to coordinate with your attorney to ensure all medical bills are tracked and appropriately submitted to the correct insurance providers. This ensures that you are not left with unexpected out-of-pocket expenses and that you can focus on your recovery while your case is being resolved.
If you’re injured in a car accident caused by an uninsured or underinsured driver, financial recovery can still be possible through a few different avenues. Here are the key options:
If you have motor vehicle insurance on your car, you may have coverage for such situations through Supplemental Uninsured/Underinsured Motorist (SUM) coverage. This type of insurance is designed to protect you when the at-fault driver lacks adequate insurance. It’s a critical part of your insurance policy that can provide compensation for medical expenses, lost wages, and other damages.
In New York, there is an organization called the Motor Vehicle Accident Indemnification Corporation. MVAIC can provide compensation if you’re injured by an uninsured driver, a hit-and-run driver, or if the at-fault driver’s insurance is insufficient. The coverage limits under MVAIC are generally low and will likely not fully cover any severe injuries you’ve suffered.
In New York, Personal Injury Protection (PIP) coverage, also known as no-fault coverage, is designed to cover your medical expenses following a motor vehicle accident, regardless of who is at fault. This system aims to ensure that individuals receive prompt medical treatment without the need for lengthy legal battles to establish fault.
The minimum amount of PIP coverage required by law in New York is $50,000 per person per accident. However, it’s highly advisable to consider increasing this coverage, as the additional cost is relatively low compared to the benefits it provides. By adding extra coverage, such as $100,000, $150,000, or even $200,000, you can better protect yourself financially in the event of a serious accident. PIP coverage typically pays for:
This includes hospital bills, doctor’s fees, surgical costs, medications, and any other necessary medical treatments.
If your injuries prevent you from working, PIP can cover a portion of your lost income, up to a certain percentage of your salary and subject to the coverage limits.
This can include costs related to household help, transportation to medical appointments, and other necessary expenses that arise because of the injury.
Despite the robust coverage PIP offers, there are instances where the medical expenses from an accident might exceed the PIP limits, especially in cases involving severe or catastrophic injuries. In such situations, having additional health insurance or Medicaid is invaluable as it can provide you with further financial protection.
If your Personal Injury Protection (PIP) coverage isn’t sufficient, you may be able to find financial support via Medicaid, your own personal health insurance benefits, or perhaps even benefits through your employer. Depending on the severity of the injury, the duration of recovery, and the type of rehabilitation needed, you might run through your PIP coverage quickly.
Regardless, it’s a good idea to review your auto insurance policy and consider increasing your PIP coverage. Increasing your coverage limits is usually inexpensive and provides much better financial protection in case of a severe accident.
For more information on Filing A Personal Injury Claim In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (315) 627-2800 today.
Peter Hobaica, a seasoned personal injury attorney at Hobaica Law Office in New York, has extensive experience guiding clients through the complexities of personal injury claims. With a deep understanding of New York's personal injury laws, Peter has successfully helped countless clients navigate their cases, ensuring they receive the compensation they deserve. His ability to assess the full impact of injuries and advocate for fair settlements makes him a trusted advisor for those facing the challenges of personal injury claims.
Ready to discuss your case and be made whole? Contact Hobaica Law Office today for a consultation.
