How Does an Injury Attorney Help Deal with Insurance Companies?

Dealing with insurance companies can be daunting, and an experienced injury attorney from Chiariello & Chiariello plays a crucial role in this aspect: Ensuring Fair Representation: We act as your advocate, ensuring that the insurance companies do not take advantage of your situation. Maximizing Your Settlement: Our attorneys leverage their expertise to negotiate effectively, aiming to secure a settlement that covers all your medical expenses, lost wages, and pain and suffering. Dispute Resolution: In case of disputes over claims, we represent your interests, challenging denials, and pushing for a reevaluation of unfair assessments. Protecting Your Rights: We ensure that your rights are not infringed upon and that you receive the full benefits of your insurance coverage and any third-party claims.

What New York Laws Determine What Compensation I Can Get After a Car Wreck?

In New York, compensation after a car wreck is influenced by several laws including the no-fault law, comparative negligence, and statutes of limitations.
- The no-fault law requires that your own vehicle insurance pays for medical expenses and lost earnings, regardless of who caused the accident. However, if injuries reach a certain severity, you can step outside the no-fault system to sue the at-fault driver.
- Comparative negligence laws mean that the compensation can be reduced by your percentage of fault in the accident.
- Additionally, the statutes of limitations in New York dictate that any lawsuit for personal injuries must be filed within three years of the accident date, emphasizing the need to act promptly.

"Pure Comparative Fault" in New York Car Accident Cases

New York implements a "pure comparative fault" rule for car accident cases, which examines both parties' blame for the accident. If the injured plaintiff is found to be guilty of some fault in the accident – say, 20% at fault for not doing a complete stop at a stop sign – the damages they can receive will be the total damage award reduced by their percentage of fault.

Pure comparative fault also means that, even if the injured plaintiff is found to be at majority fault (e.g., 70% at fault), they are still entitled to 30% of the damages – but they will be responsible for covering their 70%. This comparative fault rule guides how insurance claims adjusters will evaluate the case when negotiating a settlement, as well as how the court will rule.

Keep in mind that New York is a no-fault car insurance state, so injured drivers must first claim compensation for things like their medical bills and lost income from their own car insurance coverage before attempting to sue the at-fault driver for damages. However, if the accident resulted in severe or permanent injuries like the following, the injured individual can more immediately sue the other driver's insurance:

• permanent impairment of bodily organs or limbs;
• substantial impairment of bodily functions;
• broken bones;
• substantial disfigurement;
• substantively full disability for 90 days.

An experienced lawyer can offer more concrete guidance on the next steps immediately following a car accident.

What Does Contingency Fee Mean?

A contingency fee means that your attorney’s payment is contingent upon you winning your case or securing a settlement. At Chiariello & Chiariello, we operate on a contingency fee basis, which means you do not pay any upfront fees. Our fees are a percentage of the settlement or court award we obtain for you. This arrangement allows you to pursue justice without the burden of additional financial stress during what is already a challenging time.

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The Benefits of Hiring a Small Injury Firm in Long Island over a Megafirm for a Car Accident Case

Choosing a small injury firm like Chiariello & Chiariello for your car accident case offers several distinct advantages. Unlike larger firms where clients may feel like just another case number, our family-owned firm ensures personalized and attentive service. Each case is handled with the care and detailed attention it deserves, ensuring that your specific circumstances and needs are considered. Our attorneys are deeply committed to their clients, offering accessibility and transparency throughout the legal process.

Moreover, being a local firm with over 50 years of experience in Glen Cove, Long Island, NY, we have an in-depth understanding of local laws and courts which can significantly benefit your case. Our focused approach means we often can navigate cases more quickly and efficiently than larger, less personalized firms.

To learn more about why choosing Chiariello & Chiariello could be the best decision for your car accident case, click here to read our detailed blog. We're here to help guide you through this tough time with expertise and compassion.