Frequently
Asked Questions
Do
I need to speak to an attorney if I am involved in an accident?
It is imperative to speak to an attorney as soon as possible to
learn of your rights and see that they are protected. There are
many deadlines for the various claims we handle. It is essential
that you speak to an attorney before your time runs out. In addition
to deadlines, with each passing day important evidence may disappear,
investigation becomes more difficult and costly and memories of
crucial information and details fade.
Why
is it not in my best interest to cooperate with an insurance
representative who represents my adversary?
An insurance adjustor is seeking to protect the interests of the
party they insure and their insurance company. This means to eliminate
or reduce the possibility of paying any money to you, or to obtain
your signature on a release, and pay you far less than the amount
you should receive. Their job is to help their employer and the
person they represent who caused your injury; their job is not
to help you. You should never give a written or recorded statement
to an investigator or claims adjustor for an insurance company
representing your adversary without first consulting with an attorney.
Additionally, never sign or fill out any papers sent to you by
an insurance company without the advice of an attorney.
How
strong is my case?
There are many factors that enter into the evaluation of your claim.
However, three things are needed to have a good personal injury
lawsuit: Liability, Damages and Collectability. Liability means
that something has been done or failed to have been done that caused
harm to you. Damages is the harm and the extent of it. It includes
the severity of your injury, how long you may be disabled, the
nature and extent of your treatment, and the permanency of your
injuries. Generally, by filing a personal injury claim you could
be entitled to recover lost income, medical expenses, loss of services
to a spouse, personal property damages, compensation for pain and
suffering, and sometimes, in a severe situation, punitive damages.
Lastly, a strong case requires a company or individual with financial
resources that are sufficient
to pay you for harm done. Often, neither the parties who may be
legally responsible for your damages, nor their financial resources,
are obvious. That is one more reason to speak to an experienced
attorney who is best able to determine which people or companies
may compensate you. To take proper action, you need to be informed
about your legal options.
What
if an accident was partially my fault?
In New York, compensation is still available for persons whose
injuries were caused in part by their own doing. This is known
as "comparative negligence,” which means that your compensation
will be determined by comparing your negligence to that of the
defendant and reduced by the extent to which you were responsible.
If
a member of my family was killed in an accident, do I have a right
to recover money damages?
When death occurs as a result of an accident, the surviving spouse
or family member has the right to represent the estate of the victim
and bring an action for the victim’s pain and suffering and loss
of life. The extent of the damages will depend upon the duration
of any period of survival and the extent to which the victim would
have contributed to the financial benefit of their estate. It could
also include the value of any services they would have performed
for the family members who survived and benefitted from them. Their
income when living would be just one factor in determining that
value.
My
friend knows a lawyer who drafted a will for him several years
ago. Should that lawyer represent me in my personal injury lawsuit?
Personal injury claims are often brought against parties who are
represented by adjustors and defense attorneys hired by insurance
companies. These insurance companies work hard to keep its losses
as low as possible, and they do that by aggressively defending
claims. You can expect that your opposition will be represented
by an attorney with a great deal of experience in personal injury
defense. Therefore, you should hire a lawyer with extensive experience
in pursuing personal injury claims, who specializes in that area
of the law and can best protect your interests.
I’m
not the "suing” type. Is there any way my claim can be resolved
without actually filing a lawsuit?
You should know that the vast majority of personal injury claims
are resolved before a jury reaches a verdict at trial. Many cases
are settled even before filing a lawsuit. The ultimate decision
about whether to file a lawsuit at all is the client’s. At Isaacson,
Schiowitz & Korson,
LLP., we are committed to helping our clients reach a satisfactory
conclusion to their claim, whether by a lawsuit and trial, or by
some alternative means. Our lawyers are experienced in alternative
dispute resolution procedures, such as mediation and arbitration.
These procedures can serve to avoid the need to file a lawsuit
altogether or can be used after and while a lawsuit has begun.
In all cases, we take the time to explain to our clients the alternatives
available, including the risks and advantages of each, so that
our clients can make an informed decision that is best for their
individual circumstances and financial benefit.
|
;)
