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3 Things to Avoid in Your New York Personal Injury Lawsuit
Feb 23, 2022
If your injury is due to someone else's negligence in an auto accident, you may have grounds for a personal injury lawsuit. Many people focus on the correct steps to ensure they receive the compensation they are entitled to. However, doing the wrong things even while taking these steps can jeopardize any settlement you deserve. Here are a few things you want to make sure you avoid.
New York is a no-fault insurance state when it comes to auto accidents. No-fault means that your insurance company, or the insurance company of the car you were riding in, normally covers the damages incurred, regardless of who caused the accident.
Fortunately, living in a no-fault state does not prevent you from filing a personal injury claim against the other driver if your costs exceed your coverage. Even if the same company pays for the physical damages from the accident and your bodily injury, these will be two separate claims.
A bodily injury claim has a different standard of proof than insurance coverage. Your admission of fault at the time of the accident can prevent you from collecting during your bodily injury case.
Maintaining the ability to collect from a personal injury claim is important because minimum policy coverage is often not enough to pay for your injuries or property damage. Minimum insurance coverage in New York is low. The required $25,000/$50,000/$10,000 means that you only have $25,000 per person, $50,000 per accident, and $10,000 of property damage.
This coverage level pales compared to the average medical costs you can easily incur during an accident. Fortunately, New York also requires drivers to carry an additional $50,000 of personal injury protection, called PIP coverage, to help cover any related expenses exceeding coverage limits.
Once the PIP coverage is exhausted, your personal injury lawsuit will come into play. If you admit fault, however, you may forfeit the opportunity to qualify for a payout from a personal injury lawsuit.
Do you know that hiring a personal injury attorney not only increases your chances of receiving a settlement but also increases the potential amount you will receive by more than three times ? You need to hire a personal injury attorney following your accident as soon as you can.
While the insurance company may pay your bills up to a specific limit under the no-fault coverage, they will try to minimize their payouts as much as they can. Once hired, your attorney should direct all communications between you and the insurance company. They understand the language being used and often know the insurance employees involved.
Your attorney should review any form you sign, statements you make, and authorize the release of requested medical information. Having your attorney involved from the very beginning will keep them from having to play catch up later.
Although you may feel that your injuries will improve over time, improvement is not guaranteed. Do not hesitate to file your personal injury lawsuit. The statute of limitations on a personal injury case in New York is three years, but this does not mean you can wait until the last few days of this period to file your claim.
You must file certain documents along the way. For example, you only have ten days to fill out and file a Report of a Motor Vehicle Accident following an auto accident. If not done, the Department of Motor Vehicles can suspend your driver's license until the report is received.
Schonberg Law Offices will help you avoid making costly mistakes during your recovery. We will ensure you receive the care you need and the settlement you deserve. Give us a call today to schedule your consultation.
1. Do Not Admit Fault
New York is a no-fault insurance state when it comes to auto accidents. No-fault means that your insurance company, or the insurance company of the car you were riding in, normally covers the damages incurred, regardless of who caused the accident.
Fortunately, living in a no-fault state does not prevent you from filing a personal injury claim against the other driver if your costs exceed your coverage. Even if the same company pays for the physical damages from the accident and your bodily injury, these will be two separate claims.
A bodily injury claim has a different standard of proof than insurance coverage. Your admission of fault at the time of the accident can prevent you from collecting during your bodily injury case.
Maintaining the ability to collect from a personal injury claim is important because minimum policy coverage is often not enough to pay for your injuries or property damage. Minimum insurance coverage in New York is low. The required $25,000/$50,000/$10,000 means that you only have $25,000 per person, $50,000 per accident, and $10,000 of property damage.
This coverage level pales compared to the average medical costs you can easily incur during an accident. Fortunately, New York also requires drivers to carry an additional $50,000 of personal injury protection, called PIP coverage, to help cover any related expenses exceeding coverage limits.
Once the PIP coverage is exhausted, your personal injury lawsuit will come into play. If you admit fault, however, you may forfeit the opportunity to qualify for a payout from a personal injury lawsuit.
2. Do Not Delay Hiring an Attorney
Do you know that hiring a personal injury attorney not only increases your chances of receiving a settlement but also increases the potential amount you will receive by more than three times ? You need to hire a personal injury attorney following your accident as soon as you can.
While the insurance company may pay your bills up to a specific limit under the no-fault coverage, they will try to minimize their payouts as much as they can. Once hired, your attorney should direct all communications between you and the insurance company. They understand the language being used and often know the insurance employees involved.
Your attorney should review any form you sign, statements you make, and authorize the release of requested medical information. Having your attorney involved from the very beginning will keep them from having to play catch up later.
3. Do Not Delay In Filing Your Case
Although you may feel that your injuries will improve over time, improvement is not guaranteed. Do not hesitate to file your personal injury lawsuit. The statute of limitations on a personal injury case in New York is three years, but this does not mean you can wait until the last few days of this period to file your claim.
You must file certain documents along the way. For example, you only have ten days to fill out and file a Report of a Motor Vehicle Accident following an auto accident. If not done, the Department of Motor Vehicles can suspend your driver's license until the report is received.
Schonberg Law Offices will help you avoid making costly mistakes during your recovery. We will ensure you receive the care you need and the settlement you deserve. Give us a call today to schedule your consultation.
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