As long as you work with an experienced personal injury lawyer in West Islip, you have a real chance of success when filing an injury lawsuit. That being said, a lot can go wrong if you are not careful. A simple mistake has the potential to destroy your chances of receiving compensation. You may be depending on this compensation to pay for your medical expenses, missed wages, emotional distress, and any other damages you might have incurred as a result of your accident. Obviously, it is in your best interests to avoid these common mistakes – but you cannot do this unless you become aware of the most common issues. One way to ensure you have the best representation is by calling the Law Office of Frank A. Cetero to represent you.
Always Seek Medical Attention After Injury
The number-one mistake that injured plaintiffs make when filing a personal injury lawsuit in West Islip is failing to get medical attention. Remember, you need to prove that you suffered real “damages” as a result of your accident. In the legal world, the term “damages” means all of the harm you experienced. These damages might be economic and non-economic in nature. But in order to recover any compensation, you have to show that you actually need the money to cover the cost of your injuries, and you cannot do this unless your injuries are well-documented.
The obvious way to prove your injuries are legitimate is to get the treatment you need. As long as you see a licensed medical professional, you can simply show your medical records to anyone who doubts the extent of your injuries. Depending on the nature of your injuries, these records may include doctor’s notes that go into more detail. You might also be left with medical images, such as X-rays, CT scans, ultrasounds, and so on.
Some victims may be reluctant to get medical treatment because of the costs involved. After all, medical care is expensive in the United States. Going into massive amounts of debt after a car accident or a slip and fall can be incredibly daunting – and you may be tempted to simply go home and try to heal as best you can without medical intervention. Make no mistake: This is a serious mistake that could cost you your settlement. Rest assured that you should receive the compensation you need to cover your medical expenses if you work with a qualified attorney in West Islip. This is especially true when you consider the fact that New York is a “no-fault” state when it comes to car crashes. This means that you do not even need to prove someone else was at fault in order to receive compensation from your PIP insurance coverage.
On a simple logical note, prioritizing your health is always a smart move. Even if you need to briefly go into debt to cover these expenses before receiving a settlement, this is much preferable to suffering serious or even life-threatening medical issues. Your life is priceless.
Our Process
We meticulously strategize every detail to ensure effective advocacy and solutions.
We seamlessly move into proactive execution, leveraging our strategy to advocate fiercely for your rights and interests.
We proceed with filing your case in court, where we advocate vigorously for your rights and pursue justice on your behalf.
Other Practice Area
Never Accept a Lowball Settlement
Another common mistake is to accept a lowball settlement. Unfortunately, these settlements are incredibly common, especially when you are dealing with insurance adjusters. Their goal is to settle the accident claim as quickly and as cheaply as possible. Their logic is that they might as well start with an incredibly, almost insultingly low settlement. After all, there is always a chance you might accept. The truth is that some victims do accept these settlements – simply because they are not fully aware of how much their claims are really worth. A few thousand dollars might seem like a lot of money, and you might be tempted to simply sign on the dotted line and grab the cash. But it is always a good idea to get in touch with a lawyer before you accept any settlement offers. You could be eligible to receive much, much more.You are Eligible for Compensation Even if You are Partly Responsible for Your Crash
Some victims may assume that if they were partly to blame for their own crashes, they cannot sue. New York follows a system of “pure” comparative negligence, which means that you can sue even if you were 99% responsible for your own injuries. For example, you might have been injured while texting and driving or speeding. Perhaps you made a wrong turn at an intersection and ended up heading into oncoming traffic. Comparative negligence might not come into play if your car crash injuries were relatively minor. This is because minor injuries can be covered by no-fault insurance without negligence ever becoming an issue.
On the other hand, you might have suffered serious, life-altering injuries. These injuries might include amputations, severe brain damage, spinal cord injuries, disfigurements, and loss of bodily function. In this situation, you are allowed to step outside of the limitations of the no-fault system and sue negligent parties directly. This is often a smart move, since no-fault insurance may not be enough to cover the cost of these serious injuries. Once again, you can sue even if you were partially to blame for the crash, thanks to New York’s no-fault system.
Alternatively, your accident might not have involved a crash at all. You might have been injured in a slip and fall. In this situation, no-fault car insurance does not apply – and the state’s comparative negligence system is an important plus.
