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Lever & Ecker, PLLC December 19, 2022 Personal injury
After being injured in an unexpected accident, victims typically feel frustrated, confused, and unsure of their next steps. Unfortunately, many misconceptions about filing a personal injury lawsuit can make victims reluctant to pursue compensation for their accident, including for pain and suffering, lost wages, medical expenses, and other damages. If you suffered injuries in an accident in New York, you deserve to understand the facts about the personal injury process so you can make informed decisions regarding your rights.
At Lever & Ecker, PLLC, our experienced personal injury attorneys are dedicated to ensuring clients understand their rights and legal options. We recognize that no two personal injury accidents are identical and tailor our approach to each client’s needs. We have more than 65 years of combined experience representing clients like you in achieving justice and recovering the maximum amount of compensation available for their injuries and other losses.
There are many myths surrounding personal injury claims that can dissuade accident victims from pursuing and obtaining the justice they deserve for their injuries. However, understanding the facts can help you make informed decisions about your next steps. A few common misconceptions about personal injury claims include the following:
Sometimes, the injury victim may not be entirely blameless for their accident. Fortunately, New York is a comparative negligence state, meaning the injured party can still pursue their claim and recover damages for their losses, as long as they are not 100% liable for the accident. Under the comparative negligence rule, the injured party may recover a percentage of their total damages relative to their percentage of fault for the accident.
While many individuals assume the insurance companies, including their own insurance companies, have their best interests in mind, this is virtually never the case. The assigned insurance company adjuster may contact you soon after your accident to offer you a settlement for your losses. Unfortunately, insurance companies tend to offer accident victims the lowest amount possible for their injuries and may even try to deny or devalue the claim, particularly where the victim does not yet have a lawyer. An experienced personal injury attorney will negotiate with the insurance company on your behalf to pursue the maximum value of your settlement, or proceed with the case on your behalf if the insurance company is not willing to engage in good-faith negotiations.
After being injured in an accident, it is essential to act quickly to comply with the legal time limit for filing a lawsuit, known as the statute of limitations. In New York, the statute of limitations for a claim for negligence is typically three years from the accident date (although this deadline may be far shorter in certain circumstances, for example if the wrongdoer is a municipality or public authority). If you do not file within the time window that is applicable to the facts and circumstances of your case, you will likely forever lose your opportunity to pursue your claim for compensation. Evidence can also be lost or destroyed over time, making it more challenging to pursue justice.
Unfortunately, some individuals assume that pursuing justice is financially out of their reach. However, many personal injury attorneys operate on a contingency fee basis, meaning they are paid only after you recover damages for your injuries. At Lever & Ecker, PLLC, our attorneys work this only, collecting our attorney fee only if we win your case and recover compensation on your behalf.
The award-winning attorneys at Lever & Ecker, PLLC, have over six decades of experience representing accident victims and guiding them through New York’s complex legal process. We dedicate ourselves to ensuring our clients understand their rights and options so they can make informed decisions about their futures. Our award-winning attorneys are dedicated to aggressively advocating for your rights and interests and are prepared to go to trial if necessary.
To schedule a free consultation with a member of our knowledgeable legal team, call us at (914) 288-9191 or (718) 933-3632, or complete our contact form today.
