Quaranta & Associates

Frequently Asked Questions:

PERSONAL INJURY

If I am injured due to someone else's negligence, what should I do to protect my rights?

The most important thing to do is to get prompt medical attention and to make sure that your injuries are being properly treated. After making sure that you are being treated for your injuries then you should call a lawyer. Keep in mind that without a lawyer, the responsible person will most definitely try to take advantage of you, especially if you are severely injured. It is not a good idea to go up against a trained insurance company professional without a laywer.

Often times the insurance company wants to talk to you first, before you talk to a lawyer. I wonder why?

If the insurance company gets to you first, they may try to get you to accept less than you deserve. A lawyer won't. The lawyer's fee is based upon your recovery. It is in the lawyer's best interest to make sure that your claim is resolved for the full value of your injury. It is an insurance adjuster's job to settle your claim as cheaply as he or she can.

What are damages in a personal injury lawsuit?

Generally, an injured person can recover for the following types of past and future damages. Not every item will apply to each case. The types of damages include:

• Medical bills
• Lost earnings
• Physical pain
• Mental anguish
• Physical impairment and
• Property damage

The insurance company says "I don't need an attorney," and "Attorneys will just take part of my settlement." Is this true?

The insurance company knows you will get a larger recovery with an attorney and they don't want to pay you any more than they have to. For this reason alone you should hire an attorney. Insurance companies have training and experience in these matters and will look to take advantage of the injured person at every juncture.

I was recently in an automobile accident. If I was injured, do I have a legal claim?

Your claim is determined by three elements: (1) the fault or negligence of the other party. For example, if the other vehicle ran a red light or went through a stop sign. (2) a "serious injury" documented by a physician and/ or hospital. (3) Saomeone from whom you can recover for your damages. Frequently, the negligent party's insurer will cover the costs of any settlement or judgment reached. If your case has these three elements, you should contact our firm promptly.

How does no-fault insurance affect my case?

Every person living in New York State is required by law to carry at least $50,000 worth of auto insurance coverage for medical expenses and/or wage loss arising out of an accident related injury to you or the occupants of your vehicle. The insurance company must pay benefits without regard to fault for the accident. You may still bring a claim against the responsible person for your pain and suffering, economic loss over the no-fault benefits and for diminished quality of life.