Will A Personal Injury Lawyer Talk To The Insurance Company For Me?

We understand that the claims process is complex. We also understand that insurance companies have entire teams of people trained as professional negotiators whose goal is to help the insurance company pay out as little as possible in a settlement. That is why we help our clients deal with the claims process from start to finish. Your personal injury lawyer will talk to the insurance company for you and negotiate for a fair settlement in your case.

How a Personal Injury Lawyer Can Help With Your Insurance Claim

There are a few specific ways that a lawyer can help in your insurance claims process. They can:

• Gather the evidence to build a strong case
• Help you avoid mistakes that could potentially cost you money
• Negotiate with the insurance company for a fair settlement to cover your losses

In some cases, we hire experts who can provide testimony that proves the other party was negligent in your case. We must establish liability in your case in order to pursue compensation through a third-party insurer or personal injury lawsuit against the other party.

In addition to testimony from the expert witnesses, the other evidence we collect includes:

• Video surveillance from traffic or security cameras
• Police reports and eyewitness statements
• Medical records that detail the extent of your injuries and provide the doctor’s prognosis and treatment plan for the future
• Bills, receipts, and estimates that provide evidence of your financial losses

Laws That May Impact Your Claim

There are two laws, in particular, that can impact your ability to recover compensation in a personal injury claim.

The statute of limitations in New York imposed by NY § 214 generally requires you to pursue compensation within three years of your collision, or you are barred from pursuing compensation. In the case of a wrongful death lawsuit, you generally must file within two years of the death of the victim. These deadlines also have exceptions that shorten your time to act, such as suing a municipality.

The statute of limitations does not apply if you are only filing a claim through your insurance company. While there is no universal deadline for filing an insurance claim, failing to report your claim to the insurance company in a timely manner can impact your ability to recover compensation. If you intend to go beyond your own policy, however, the statute of limitations will apply.

Another law that may apply —  NY § 1411, pure comparative negligence rule. This law means that if it is determined that you were partially at fault for the collision, the damages you are awarded will be reduced according to your portion of liability in the case. For example, if you were found to be 10% at-fault for your collision, you will only be able to recover 90% of the awarded compensation.

Damages You May Recover After a Personal Injury Collision

There are a number of types of damages you may be entitled to after a personal injury collision. If you were in a car collision, many of these damages are not recoverable under New York’s no-fault insurance laws—particularly any noneconomic damages. In that case, you would need to meet the state’s serious injury threshold to pursue a third-party insurance claim or personal injury lawsuit.

Some damages that may be recovered through a personal injury lawsuit include:

• Medical expenses
• Lost wages
• Future wages if you are unable to return to work
• Pain and suffering
• Disfigurement
• Loss of quality of life