Brandon J. Broderick, Personal Injury Attorney at Law in New Rochelle

Under personal injury law, you have the right to pursue legal action against the party responsible for causing your accident and injury. This action will take the form of a lawsuit, which essentially states that because another’s negligence or wrongful act more likely than not caused you harm, you wish to recover compensation for your damages.

This is a common question we hear, but not a very easy one to answer. All cases are unique, and the value of your claim will depend on the facts and circumstances involved. Generally, we help our clients pursue the maximum compensation possible for all damages resulting from their accident.

In a word: NO. Insurance companies are in business to collect money, not pay out claimants. As a result, they work vigorously to pay victims as little as possible. Often, they will attempt to contact an injured victim and try to settle for very little as quickly as they can. By having legal representation, your lawyer will handle all communications with the insurance company on your behalf and work toward securing the compensation you rightfully deserve.

There is no law requiring you to have a lawyer when filing a personal injury claim after a car accident. However, what you get from working with experienced attorneys can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.

A settlement is reached when the defendant agrees to pay an amount to the plaintiff in order to drop the case. Typically, this is case for most personal injury cases – usually a settlement will be reached before a lawsuit is even filed. There are several factors that are considered when determining a settlement amount, including the severity of the injury, pain and suffering, and medical costs.

The statute of limitations for personal injury claims in New York is two years from the date of the incident. The statute of limitations for children, however, are extended to the two years within the child’s 18th birthday. If you fail to file a claim within that time frame, you could be giving up your chance to have your case heard.

A majority of personal injury cases are resolved out of court, and a large percentage of the cases that do go to trial are worked out between both parties before the matter is decided by verdict. However, having a skilled trial attorney like Brandon J. Broderick ensures that you have the best possible representation for negotiations and a potential trial.

Immediately after an accident, seek medical treatment for yourself, your passengers and anyone else involved in the accident. You should also call the police to ensure a police report is filed. Try to take pictures and document the scene as best as you can. Exchange information with other drivers. Once you are in a safe place, call us for a free consultation.

In order to have a case you must have damages, namely a physical or emotional injury caused by someone else's negligence. And you must have sufficient evidence to support your claim and have suffered damages in some way because of this injury. The factors are quite complex making it difficult for most people to determine if they have a case without consulting with an attorney. We offer a free consultation.

Personal injury includes injuries to both mind and body. If you have suffered an injury to yourself, whether emotional or physical, through no fault of your own, you may have a case. Typically, you do need evidence to prove your injuries so it's important to seek medical treatment for any type of injury. It's also possible that if you’ve very recently been in an accident, the adrenaline and shock could be diminishing physical pain.

You shouldn't talk with an insurance adjuster for another person associated with the case. They may appear to be neighborly and thoughtful, however their best interest does not align with your best interest . No matter what an insurance adjuster may say, you have a right to reject a settlement offer from the insurance company. Accepting an offer will require you to give you important rights, including the ability to file a lawsuit for your injuries. Contact us for help dealing with another party’s insurance adjuster.

A pre-existing condition does not exclude you from recovering damages for a personal injury claim. The Eggshell Injury Doctrine is a law that many states, including New York, have incorporated in order to protect individuals suffering from pre-existing conditions. This law essentially states that individuals with pre-existing injuries have the right to compensation for their injuries, even given the circumstances that their current injuries wouldn’t have been quite as bad if it weren’t for their pre-existing condition. It’s important to consult with an attorney as soon as possible after an accident or illness if you have a pre-existing condition. We offer free consultations.

In New York, you have rights to compensation or damages even if a car accident was partly your fault. Insurance companies look at several factors when determining fault and assign liability as a percentage. The amount or percentage of fault is determined on a case-by-case basis, and it all depends on the circumstances of the accident. In these types of complex cases, often involving more than two drivers or parties, consulting with an attorney can help you understand your options. We offer free consultations.

A release is a document that you sign in return for accepting the settlement funds. By signing the release, you are accepting the settlement and therefore releasing any other claims against the defendant and usually any other defendant related to the incident. In other words, once you settle you can never reopen the case or try to file a claim for additional compensation. If you are married, your spouse may be required to sign the release as well.

If you’ve been injured in a car accident, the first option to pay medical bills -- and the first that must be used -- is PIP insurance. After that fund is exhausted or for other types of claims, most people utilize their own health insurance to pay medical bills until a settlement is reached. If that’s not a possibility or if the insurance policy maximum has been reached, it’s also possible to formally ‘promise’ a healthcare provider that the bills will be paid once the settlement is reached.

Since the insurance for the at-fault party won't pay for your lost wages immediately after the accident, accident or illness, there are a few options to make up for lost wages and pay your bills while you wait for your settlement. If you’ve been injured in a car accident, PIP insurance can cover lost wages and must be exhausted first. There are other options for loans, lawsuit funding and even bankruptcy.