- October 9, 2024
- Tucker Law
- Personal Injury Lawsuits
Any injury can be hard to come to terms with, but it can be even more devastating if your pain is the result of someone else’s negligent or wrongful conduct. You might feel demoralized as mounting medical expenses and lost income put you under financial strain. If you’re going through this struggle right now, you need to know that there is help available. One option is filing a personal injury claim to seek compensation for the losses you’ve sustained.
At Tucker Lawyers, we’re dedicated to providing the people of New York with dependable legal representation when filing personal injury claims. Learn more about these claims and how long you may have to wait to receive your settlement check.
Speak with experienced personal injury attorneys at Tucker Lawyers by calling (516) 399-2364.
Can I File a Personal Injury Claim?
Understanding the Process in New York
Not everyone who suffers an injury can win a personal injury claim. In order to have a strong case, you must be able to hold another person or organization liable. As such, you can expect that the first thing your personal injury lawyer will ask you is whether someone else caused the accident that resulted in your injuries. If you suffered a slip-and-fall accident at a store because of wet floors, for example, did the property owner make any attempt to warn you of the hazard? If they didn’t, you can hold them liable by claiming they were negligent.
Negligence is a legal term. It refers to the failure to behave as a reasonable person would when faced with the same circumstances. Holding someone accountable because of negligence requires demonstrating that they owed you a duty of care and that they breached that duty. You then have to establish that the breach led to injuries for which you can be compensated.
In the wet floor example, the store owner owed you a duty of care because you were a guest on their property. By not putting up a sign warning of a wet floor or otherwise making an effort to resolve the problem, they breached their duty. If you suffered injuries in the fall, you can hold them liable. To do so, you can file a personal injury claim. This process will start with their insurance company.
Negotiating a Settlement With New York Insurers
For most personal injury claims, the first option is to pursue a settlement with the responsible person’s insurer. Going to court and fighting for a jury award is a long process, but settling can be much faster — especially if you hire a lawyer to help you. The sooner that you can reach an agreement with insurance adjusters, the sooner you can receive your check.
Settlement negotiations will likely go more smoothly if you have a lot of evidence to support your claim. This is something your attorney can help you with since they have experience dealing with insurance companies and know what types of evidence work better.
When the insurer receives the evidence from your attorney, it will consider how severe your injuries are, how long the recovery will take, and how the injuries have impacted your life. With this information in mind, it will present an initial offer. With your lawyer advocating for you, you can then continue negotiating until you reach a fair number.
As part of the settlement agreement, you’ll have to sign a release stating that you won’t file a lawsuit for the same incident. Additionally, you might have to sign a confidentiality agreement in which you state you won’t reveal how much you received in the settlement.
At Tucker Lawyers, we have decades of experience helping clients recover damages after suffering losses. We will fight to get you fair compensation.
What to Expect After the Settlement
Once you agree to the settlement and sign all of the required paperwork, you might expect to immediately receive your check. That’s not what happens. It can take a few weeks before the insurance company sends the settlement check to your lawyer. Before sending the check, the insurer has to follow some internal procedures. These include:
- Ensuring the release form is in order
- Reviewing the settlement agreement
- Reviewing the confidentiality agreement, if any
- Getting the final settlement approved.
Once the insurance company sends the settlement check, your lawyer will place it in an escrow account. From there, they can distribute money for outstanding liens, administrative costs, and their own fees. Your lawyer will then write you a check for the remaining sum and promptly get it to you.
Factors That Might Delay the Settlement Check
Lots of factors can delay the process of arriving at a settlement. One of the biggest is an uncooperative defendant. They may not want to settle and could dispute everything, even if you have clear evidence. Their goal could be to tire you out and get you to drop the claim. When a defendant seems unwilling to work with you, you can turn to a lawyer to speed up the process.
Even after you reach a settlement, the check can take extra time to reach you if the insurance company drags its feet. If there are liens to take care of, you might have to wait a little longer. For example, your health insurance provider might ask for money from your settlement to recover what it has already paid for your medical care. Your lawyer may try to negotiate with any lienholders, which could add a bit to the delays. It’s best not to rush this part of the process since being patient could mean ending up with more funds.
You can expect even more delays if you try to negotiate a fair settlement without legal representation. The insurance company may try to slow the process down, and you will likely not know what tactics can help speed it up. You may make mistakes that need to be rectified before continuing, which only lengthens your wait. If you don’t hire a personal injury lawyer to represent you, these delays and setbacks could add to an already stressful process.
Tucker Lawyers Offers Experienced Help
We Work Tirelessly to Win Fair Compensation
After suffering injuries because of someone else’s conduct, you may be entitled to file a personal injury claim and receive compensation. This isn’t something you want to attempt on your own, however. Personal injury lawyers provide the support you need from the start by gathering evidence and negotiating with insurance companies.
At Tucker Lawyers, we’ve spent decades helping people in New York recover damages. We’re fierce negotiators and will fight to get you the full compensation you deserve. Because we also have experience in court, we always prepare our cases for trial. If we see that an insurer won’t offer a fair settlement or will continue delaying the process, we’re ready to go to court.
You shouldn’t have to suffer because of someone else’s negligence. We can help you understand your rights, so don’t hesitate to reach out to us.
Call our team at (516) 399-2364 to learn more about how to get the claims process started.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]