When people are injured in a car accident, or they slip and fall, or are injured at work, or suffer an injury due to medical malpractice, the most common question we receive here at The Ahearne Law Firm is:
“Do I have a case?”
The answer is, that depends on exactly what happened, who caused the accident, and how badly were you injured?
What Happened and Who Caused the Accident?
If you believe that you or a loved one’s injuries were caused by the fault of another (their negligence), you should discuss your case with a personal injury attorney. All personal injury cases begin with an analysis of liability. No matter how badly one may be injured, there is no case if that injury is not the fault of another individual or company. This means your injury must be the result of another’s negligence, whether in a car accident, or that they created a dangerous condition that led to your slip and fall, or work-related injury, or that they failed to provide a reasonable level of medical care, or some other type of negligence that caused an injury.
At The Ahearne Law Firm, we have years of personal injury litigation experience. We can help you assess your case right away. Give us a call and we’ll take the time to go over the details with you and let you know whether we think you have a reason to consider filing a lawsuit.
How Badly Were You Injured?
If your injury was caused by another, the next question is how badly were you injured? Not every accident results in an injury and not all injuries will lead to a lawsuit. In personal injury lawsuits, after first establishing liability for the accident, one must then prove their damages. "Damages" is the legal term used to describe the physical, financial and emotional injuries that are caused by the accident.
Personal injury damages may include physical injury, fractures, surgery, confinement to bed or home, lost mobility, permanent injuries, reduced range of motion, physical therapy, time out of work, lost wages, medical bills, and emotional and psychological damages as well. Accidents often affect family members too, which may lead to a loss of consortium claim, and in some cases, a wrongful death claim for loss of spousal or parental support.
How Soon Should I Call a Personal Injury Lawyer?
It often seems impersonal to think of a personal injury lawsuit so soon after these types of injuries occur. However, families need to consider that insurance companies often deny rightful claims and medical providers will assert liens for unpaid bills. The financial impact of a personal injury accident then compounds quickly if one of the primary household income providers is hurt, suddenly out of work and unable to pay the bills.
This is the reason why it is important to assess liability for negligence and personal injury damages right away. If you have a case, within 90 days of an accident, no-fault insurance forms should be completed, investigative work should be done while the incident is fresh, police reports secured, photos and video of the accident scene should be taken, witnesses should be identified, evidence collected, and insurance adjusters should be prevented from collecting improper statements or attempting to make fast and cheap settlements.
Contact The Ahearne Law Firm today at (845) 763-4100 if you or a loved one were injured due to another’s negligence.
Are Insurance Adjusters Contacting You?
Insurance companies do not want to pay your claim. To make matters worse, in New York State, insurance companies are not required to pay attorney’s fees after they are found to have wrongfully denied a proper claim, and so they don’t have much reason to pay your claim, to begin with.
In an effort to reduce payments, insurance companies hire adjusters to investigate your case and negotiate reduced settlements. Often times, adjusters will contact you directly and seek information about the accident and your injuries. They do this in an effort to convince you that your case is weak or that there is only a limited budget available, and so you better take it while you can.
If you are contacted by an insurance company asking for your statement, copies of medical records, or anything else about your case, you should inform them right away that you have an attorney and that they can contact your lawyer and leave you alone and stop calling.
Don’t let an insurance adjuster settle your claim for less than you deserve. Consult with a personal injury attorney right away.
Is the Insurance Company Refusing to Pay or Offering a Low Settlement?
Insurance companies are not in the business of helping their customers. They are in the business of making money. When an accident occurs, insurance companies will quickly offer a low payout to secure a cheap settlement to prevent potential future claims.
When you are injured and out of work, and the medical bills begin to stack up, it is easy to be tempted by a small easy settlement. However, soon after an accident occurs, victims may not yet know the full extent of their physical injuries, let alone the physical and financial damages they will suffer over the long-term.
A properly handled personal injury case will account not only for your immediate injuries, both physical and financial but for the permanent and long-term effects. This will include lost wages, medical bills, and pain and suffering, which may also include loss of consortium and wrongful death.
The Ahearne Law Firm knows how insurance companies operate and how to defeat their best efforts to avoid paying you. Let us show you how we can turn a serious injury into a real recovery. Call us today.
Contact us today at (845) 763-4100 to begin your free case evaluation.