Car accidents on Long Island seem to be a part of our daily lives, we see them almost every day as we taxi our kids everywhere, or drive to work, the store, or the thousand other places that we need to go. Let’s face it, our roads in Suffolk County are pretty dangerous. People are usually trying to get many things accomplished, so they are stressed and driving too fast, too close to other cars, and distracted with their minds on different things. It doesn’t feel like anyone practices defensive driving anymore, because that would require that we truly pay attention to our driving and the cars around us, to try and predict the not so smart things those drivers are likely going to do. Like changing lanes abruptly into the small space between our car and the car in front of ours, speeding up to “make the light”, almost stopping at a stop sign ( because as a defensive driving instructor long ago informed me, STOP, is short for Slow To Observe Police ), making a sudden left turn in front of our car, following too closely behind our car as they are texting, talking, etc., and the hundred other things we can’t believe we see other drivers doing behind the wheel.
So what happens when the day comes that our luck runs out and we end up in a car accident? The first thing that you must do is call the police to document the fact that the accident actually happened with the other car involved, and that it occurred the way you know it did. This will help to establish the fault of the other driver and make it easier to deal with their insurance company. Make sure that you obtain the insurance company name and policy number for the other car. Take down the names and contact information of all witnesses. Take pictures of the damage to all involved cars, position of the cars if they have not been moved, and of the accident scene. If you have any pain or injury, report it to the police so that it is documented in their report. Request an ambulance if our pain or injury is severe enough. If you choose to decline an ambulance, but still have pain, visit a doctor as soon as possible to properly document what you are feeling…this is very important. Do not speak to, or fill out any paperwork for the insurance company for the other driver. The insurance companies will record your telephone conversation, and may try to use it against you.
Report the car accident to your insurance company, and provide them with all the details about why the accident occurred and about your pain and injuries. Request that they send you a No-Fault benefits application form, complete and return the form within 30 days. Provide your claim number to any health care professional that you seek treatment with. Seek out treatment with medical specialists for your specific injuries, ie: Orthopedist, Neurologist, Concussion Management, Physical Medicine & Rehabilitation, etc.. It is crucial to obtain the proper medical care to properly diagnose and treat your injuries, as well as to properly document them. Testing, such as MRI, CT Scan, EMG, etc., may be required if your pain persists, and depending upon your symptoms. Your No-Fault insurance will cover up to a minimum of $50,000.00 in medical bills, do use your private health insurance, Medicare, etc. for accident related medical treatment.
It is a good idea to consult with an attorney that specializes in car accidents in Suffolk County to see what rights you may have to obtain compensation from the insurance company for the at fault driver. You may be entitled to a settlement for your pain, suffering, and loss of enjoyment of life, but this depends upon the nature and extent of your injuries. A Suffolk County car accident lawyer will be the most qualified to evaluate your claim to determine if a lawsuit can or should be brought. They will also be the best at determining the value of your claim in Suffolk County. A Suffolk County accident lawyer knows the in and outs of the courts in Suffolk County, is familiar with the judges and the attorneys for the insurance companies. They will know how to navigate your case through the court system quickly and efficiently, and they will be familiar with the juries in Suffolk County.
In order to be eligible for a monetary recovery from the insurance company for the at fault driver, New York Insurance law requires that you prove that you have suffered a “serious” injury. Some injuries that are defined as “serious” are dismemberment, fractures, the loss of an organ, significant scarring, the loss of a fetus, being unable to work or perform your normal daily activities for at least 3 months, and a permanent and significant loss of use of a body system, such as a neck, back, knee, shoulder, etc. However, this last category of injury is required to be proven by objective medical evidence, such as an MRI, CT Scan, etc., and a doctor must be able to support the fact that you have been left with a resultant loss.
When evaluating your claim for a possible settlement, your lawyer and the involved insurance carrier will consider the following :
1. The percentages of fault between the involved drivers.
2. The severity of the impact and resultant vehicle damage.
3. The age and health of the injured person.
4. The prior health conditions/injuries of the injured person.
5. The initial complaints of pain or injury made by the injured person at the accident scene, to the Police officers, EMTs, the Emergency Room personnel, or to their physician.
6. The injured person’s occupation, and the amount of time out of work.
7. The extent and duration of medical treatment, and whether any surgery was required.
8. The results of all medical tests such as X-rays, MRIs, CT Scans, etc.
9. If depositions were held, how well the injured person testified. Were they honest, believable, likeable, sympathetic, well spoken, etc.
10. Is the injured person’s attorney experienced in handling car accident litigation. Will they go to court, take depositions, hire the necessary experts, and go to trial to get the true value of the case.
Of course, every accident case in Suffolk County is unique and each will have its own factors to consider in determining its value.
The days of quick, large settlements of car accident claims are basically gone. The powers at be at the insurance companies are requiring their claim adjusters and lawyers to do their full due diligence before significant money is offered. You will need an accident lawyer in Suffolk County that has the resources and experience to fight the good fight for the long haul, standing by your side all the while. Most of the time a “quick settlement”, is not a good settlement because you are probably not getting what you truly deserve for your injuries. To maximize your recovery your lawyer needs to go the extra mile to prove what each of your category of damages are. For instance, pain, suffering, loss of enjoyment/quality of life, loss of earnings before trial, loss of wages over your entire life, medical bills before trial, and the cost of future required medical expenses. To prove these losses, the lawyer should be working with Vocational experts, Life Care Planners, and Economists. This is the type of proof that juries understand, and insurance companies fear. If your lawyer isn’t involving these experts in your serious injury case in Suffolk County, it may be time to seek a second opinion. Remember, no matter what paperwork you signed, you are allowed to change lawyers at any time and for any reason . If you don’t get the feeling that your lawyer is doing everything that they can to get you the results that you deserve, then you should speak to another lawyer, sooner rather than later. It is often more difficult to find another lawyer to take over your case as your case gets older.
Hopefully you will never have a car accident turn your life upside down. However, if you do, I hope that this has helped you to better understand the ins and outs.
Keep it safe out there.
