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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. Labels: FAQ
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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. Labels: FAQ
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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. Labels: FAQ
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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.
Labels: FAQ
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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. Labels: FAQ
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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. Labels: FAQ
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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. Labels: auto accident, FAQ
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Can I receive money after an accident even if I had pre-existing health problems?
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. Labels: FAQ
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I was partly at fault in the accident, can I still recover?
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. Labels: FAQ
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If I make a claim, how long will my case take?
The answer depends on many things, including the nature of your injuries and the other side’s willingness to resolve the matter. Many claims are resolved quickly, while others — sometimes because the extent of the person’s damages are not known for a while — take longer. Every effort will be made to resolve your claim quickly, with the goal being to obtain the maximum compensation for you. Labels: FAQ
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I was in an accident, but I don’t like to sue. If I make a claim, will there be a lawsuit?
Most personal injury claims don’t become lawsuits. In most cases, a claim is filed with an insurance company. At Ernest Holzberg & Associates, we have extensive experience negotiating with insurance adjusters to get you the best settlement offer. The decision to accept any offer is up to you. Rarely is there an actual lawsuit and trial. Labels: FAQ
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Will my personal injury claim settle or be a lawsuit?
While no one can know for sure whether any particular claim will settle or require litigation in court, more than 80 percent of personal injury claims settle. A lawsuit may be necessary in cases where an insurance company disputes some aspects of the claim. Even if a lawsuit is filed, it is very likely that the claim will settle before a full trial. Our attorneys are experienced litigators and negotiators. We work hard to make sure you get full value for your claim, whether in court or at the negotiating table. Labels: FAQ
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I was hurt in an accident and the other side told me to go see their doctor. I would rather be treated by my own doctor. Can I do this?
Yes. Accident victims have the right to choose their own doctor. Don’t let the other side or an insurance company pressure you to see their doctor. Choose the doctor you think is best for you. Labels: FAQ
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How soon do I need to see a doctor?
The sooner the better. If you are in an accident and think you are hurt, it is best to go by ambulance to a hospital. It is important to see a doctor promptly after an accident so that your injuries can be documented and treated promptly. Some injuries take time to develop, and a doctor can help keep minor injuries from getting worse. A doctor can also help determine the extent of your injuries when time comes to make a claim. Labels: FAQ
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There were no witnesses or police at the scene of my accident. How can I prove what happened?
Accident victims can recover compensation even if there are no witnesses or police report. Investigators have a wide range of tools they can use to reconstruct the accident to help show what really happened. Labels: FAQ
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The police were at the scene of my accident. Do I really need to take my own notes?
Yes. While it is hard to think clearly after an accident, it is critically important to get as much information as possible. Make sure you get the names, addresses and phone numbers of everyone involved and any witnesses, and the license plate numbers of the vehicles involved. Don’t rely on the police or anyone else to get this vital information. While the police department usually does a good job, a police officer sometimes may make a mistake or misplace information. Labels: FAQ
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I don’t think I can afford to hire a lawyer, what can I do?
Most personal injury cases are handled on a contingent fee basis. That means the lawyers fees are paid from the money recovered for you. If there is no recovery, there is no fee. Thanks to contingent fees, you can hire a lawyer right away to get to work on your claim. Labels: FAQ
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The insurance company adjustor is so nice, can’t I just let him or her take care of my claim?
Many accident victims mistakenly believe insurance adjustors are trying to get them a fair settlement. The truth is, adjustors work for the insurance company. Relying on what they say you are entitled to receive will cost you money. Labels: FAQ
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Monday, April 9, 2007
Do I really need a lawyer after the accident?
After almost any type of accident, you should contact a lawyer. You have important legal rights and responsibilities, and a lawyer can explain them to you. A lawyer can also evaluate your claim and tell you how much money you may be entitled to receive. You also need a lawyer's help dealing with insurance companies. After an accident an insurance adjuster may try to convince you that you don't need a lawyer or that a lawyer won't help you get more money. But remember that the adjuster works for the insurance company, not you. Only your lawyer is truly fighting to get you the maximum recovery. Also, in some cases there are short deadlines for filing claims. The experienced attorneys at Ernest Holzberg & Associates will make sure your case is handled properly and all deadlines are met. Labels: FAQ
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I was in an accident. What are my legal rights?
Accident victims have many rights. Generally, you have a right to receive fair compensation for your injuries and losses from the party responsible for paying. This includes lost wages, medical expenses, costs to fix or replace damaged property, and compensation for pain and suffering. You also have many other rights if you are in an accident, including: - the right to consult your lawyer before answering questions
- the right to choose your own doctor
- the right to decide who will fix your car (if it was an auto accident)
- the right to decide whether to accept settlement offers
Labels: FAQ
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I was in an accident. How do I know if I have a good case?
There are several factors to analyze, including: - Fault. For you to recover money, generally a person or business must have done something wrong or failed to do something. In most cases, you can still make a claim even if you are partly at fault for the accident.
- Damages. To receive money, you must suffer damage. This can cover many things, like medical bills or lost wages in addition to personal injuries.
- Can you collect? Before making a claim, you must be sure there is a source for recovering your damages, such as the other party or an insurance company.
- Is your claim timely? Waiting too long can cause you to lose an otherwise valid claim.
After an accident, protect yourself by seeking legal help to find out if your case is strong. At Ernest Holzberg & Associates, consultations are free, so you have nothing to lose. Labels: FAQ
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What should I do if I am in an automobile accident?
First, call for medical help for anyone injured. After ensuring that injured people are taken case of, there are several important steps you can take to help ensure you get full compensation for your claim. - Write down key information, including: the name, address and phone number of the other driver and witnesses; the other car’s make, model, year, license plate and vehicle i.d. number; and the name, address and phone number of the other car’s owner (if the driver is not the owner).
- Get witness information. An independent witness can be a big help, especially if there is a dispute over what happened. Be sure to get the name, address and phone number of all witnesses.
- Write down what happened. In the aftermath of an accident, your memory may not be reliable. As soon as possible, make notes about what happened, including the time, place, weather, road conditions and any other details about what happened. Make a diagram of the accident; include where and when the accident occurred, the direction each car was going and the circumstances of the accident.
- Take photos. If you were in an automobile accident, take pictures of the accident scene and the vehicles. Victims should also photograph their injuries to help show the insurance company or court the extent of your injuries.
- Save evidence. If there is any physical evidence involved in the accident, save it.
- Don't talk too much. Even if the accident was not your fault, you might be tempted to apologize or say you feel fine. Statements made at the accident scene, even if they are later proven to be wrong, can be used against you. Avoid discussing fault or your injuries at the accident scene. These issues often cannot be determined until later.
- Keep good records. After the accident make sure you keep records of all your medical expenses, lost wages and other ways the injury has affected you. Good documentation will help you ensure that you get a full financial recovery.
- Get legal help. Representation by an experienced attorney can help you increase your recovery. Studies show that accident victims who are represented by an attorney receive more money than those who do not.
- Don't settle too quickly. It is important to make sure you know the full extent of your loss before agreeing to a settlement amount. Many accident victims who settle quickly later discover that they have more medical bills or other losses.
Labels: auto accident, FAQ
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