Friday, November 5, 2010

New York Personal Injury Claims

A personal injury claim is a demand for compensation by a person who suffered injury through the action or negligence of another person. The damages are expressed in monetary terms, and itemized. This would include medical bills, loss of pay, value for the mental and emotional agony that the victim suffers, disruption of family life and many more. It could even contain loss of face in a slip and fall case.

Insurance companies normally make an offer, sometimes even before the claim is filed. Their aim is to avoid payment or pay as little as possible. Some victims grab the offer without realizing that the offer by the insurance company is only an opening gambit for negotiations. Others, the wise ones, approach an experienced lawyer practicing personal injury law right at the outset and proceed under his guidance.

There are several such attorneys in New York. A good lawyer with some insurance background would be ideal. Once he takes the brief, the attorney would immediately get things organized and begin negotiating with the insurance company. The stronger the case is, the better the chances for a fair settlement.

It is important that the victim gives maximum cooperation to the lawyer. This would mainly mean providing all the data available. It would be a great help if the victim writes down all that he remembers about the accident or incident that led to the injury, particularly about the circumstances and any witnesses. The lawyer would evolve his strategy on the basis of the details that are furnished to him.

Even while negotiating, the attorney would keep his options open and prepare for a lawsuit if a reasonable settlement is not forthcoming. Before agreeing to a settlement, the lawyer would consult the client.

The New York State Statute of Limitation allows only three years to file the claim.


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