Ernest Holzberg and Associates

    Our Personal Injury Law Blog

    Every accident and every accident victim are different. Many factors go into determining an accident victim’s compensation. A change in just one factor can have a big impact on that amount.

    The answer depends on several factors, including the type of injury you suffered, how long-lasting and severe your pain is, your medical expenses, and your lost income. We can evaluate these factors, and then, based on settlements and jury awards in the community for similar injuries, estimate how much you might recover.

    Your claim might be barred by the “statute of limitations.” This is the time limit to start a lawsuit against the person or business liable for your injuries and losses. Statutes of limitations have exceptions, so you should consult your lawyer. There may still be time to make a claim.

    After my settlement I found out I had more serious injuries. Can I get more money?

    Probably not. Once you sign a “release,” you usually cannot recover any more money. This is one of the main reasons why it’s vital to consult us before settling your accident claim. Many accident victims sign a quick settlement but later discover their injuries are a lot worse than they first thought. As a result, they end up paying for their losses themselves. Consulting the lawyers at Ernest Holzberg & Associates before settling your accident claim can prevent this from happening to you.

    It depends on the facts of your case. Generally in “slip and fall” cases like this, the store is liable if employees knew or should have known about the danger and did not take steps to fix it. Thus, if the floor became wet just before the accident and store employees had no time to clean it or post adequate warning signs, the store is likely not liable. But if the floor was wet for a while and employees knew or should have known about it but did not do anything, you have a good case.

    The best protection is to carry the maximum amount of uninsured motorist insurance. This lets you collect money from your own insurance company in the event you’re in an accident with an uninsured or hit-and-run driver. You should also carry under-insured motorist insurance. This pays you benefits if the other driver does not have enough insurance to pay for all your injuries and losses. Even if you don’t own a car in New York State , you may be able to make a claim with MVAIC, a corporation set up to protect hit and run victims. There are strict time limits to make your claim, so please call us right away.

    Accident victims can recover compensation even if the other driver did not have insurance. Source of recovery may include your own insurance company, the driver’s employer or the car’s owner. We can help locate other sources to pay your damages.

    Yes. The fact you have a pre-existing health condition will not stop you from making a claim and recovering your damages. Whoever causes the accident takes you in the condition you’re in at the time of the accident. If the accident makes your condition worse, then you can recover damages. The fact that someone in better health would not have been hurt as badly as you were does not make any difference.

    No. You have the right to decide which repair shop will fix your car.

    Even if you were partly at fault in the accident that caused your injuries, you can still recover compensation, but the amount will likely be reduced by the amount of your fault.