Holzberg Law Office :: Personal Injury Law Blog

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The Law Offices of Ernest Holzberg & Associates

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1700 Broadway, 14th Floor, New York, NY 10019 ♦ Phone: 1 (212) 391-1139 ♦ info@holzberglaw.com

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Wednesday, June 13, 2007

I know an accident victim who suffered the same kinds of injuries I did, but received a different amount of money. Why?

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.

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I was hurt in an accident. How much am I entitled to recover?

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.

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My accident occurred a fairly long time ago. Can I still make a claim?

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.

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Shortly after I was in an accident I settled my case and signed a "release" without consulting a lawyer....

...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.

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I slipped on a wet floor in a market. Can I recover money from the market for my injuries?

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.

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I was the victim of a "hit and run" driver or a driver who has no insurance. How can I protect myself against uninsured drivers?

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 underinsured 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.

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What if the other driver did not have insurance?

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.

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The Law Offices of ernest holzberg & associates, personal injury attorneys
1700 Broadway, 14th Floor, New York, NY 10019
Phone: 1 (212) 391-1139Email: info@holzberglaw.com
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