Unfortunately, to an insurance company, you are nothing more than a number on a spreadsheet. You can either make them money or cost them money. It’s never personal with them. So, if you’re injured by one of their insureds in a car accident, you are in a position to cost that insurance company significant money. Therefore, in their eyes, you’re a business liability that needs to be dealt with.
But, your life cannot be quantified on a spreadsheet and your injuries are more than just an inconvenient business debt. So how do you protect yourself from these billion-dollar companies trying to brush your injuries under the rug in order to save a buck? In my opinion, the first line of defense is knowledge. That’s why I’m writing about the five money-saving tricks that I see insurance companies use on a daily basis.
Insurance companies have many tried and tested tricks that will be employed if you are ever injured by one of their insureds. Here is a list of the five most popular:
This is their number one trick. It starts even before you get injured. We’ve all seen those funny insurance company ads. How can this cute company with the hilarious ads be mean? You’d be surprised. After an accident, an insurance company will often contact you relying on that perception saying they are aware of your accident and just want to gather some information in order to evaluate your claim and make a fair offer to settle it with you. They’ve already softened you up with their charming TV persona, so you feel comfortable cooperating. The problem is that they are not really interested in paying you a fair amount of money for your injuries. They’re actually probing for ways to save themselves money and anything they learn from you will ultimately be used to that end. So, it’s best not to fall for this trick. Always think of an insurance company as a wolf in sheep’s clothing. Keep your guard up and don’t fall for their tricks. It’s always best to contact a lawyer rather than deal directly with them.
Many times, an insurance company will call you within days of your accident and offer you a few thousand dollars to settle your claim. This may seem like a good idea if you’re only experiencing some minor pain. The problem is often that minor pain increases over time. Further, if that minor pain turns out to be a significant injury, you’ll be out of luck. Once you accept their money, no matter how small the amount, you are bound by your decision.
This is a big one. It’s never been easier to spy on people than it is today. They don’t even need to hire investigators to follow you. If you have a social media account, rest assured an insurance company will monitor it. And don’t be fooled by thinking you can make your information private. If it’s on the internet, expect an insurance company will find it. That goes for tagging, as well. If you’ve been tagged in photos by friends and family, the insurance company will find it and use it against you.
If you’ve been injured in an accident and received treatment that has been paid for by an insurance company, there’s a record of it. You can expect an insurance company to use that prior treatment to try and prove that is the cause of your current pain and that they didn’t cause an injury. The best defense here is to make sure you see doctors for your injury and clearly document your new complaints and how they are different from any old injuries or problems you have had.
Often if a case is litigated in court, an insurance company will hire a doctor to act as an expert to try and prove that your injuries were not caused by their accident. This isn’t so easy to do if you have a broken leg or arm. But, what about if you have a soft tissue injury such as a torn ligament or tendon? In situations like that, the paid doctor will often try and argue the injury is degenerative, meaning caused over time by normal wear and tear. Again, your best defense against this type of attack is to see a reputable doctor and get diagnostic tests, diagnosed, and treated.
Being aware of what to expect from an insurance company won’t stop them from trying to trick you. But, it will give you insight into their tactics and hopefully allow you to avoid some of the traps that I have seen some people fall for over my twenty years of personal injury experience.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents, and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
If you’ve been injured in a car accident and are pursuing a personal injury case in Suffolk County, New York you will likely be required to submit to a deposition. A deposition is often a source of great anxiety for most personal injury victims. This is understandable as most people are not familiar with the process. In this blog post, I’m going to explain what a deposition is, taking the mystery out of the process, and discuss the most common types of questions you’ll receive during your deposition. Once you understand these two aspects of a deposition, it is my hope that your anxiety will subside and you will feel confident about your ability to give successful deposition testimony.
First, a deposition is a court ordered proceeding in which you appear with your attorney to give testimony about your accident case. The attorney for the responsible party usually asks the questions. Your testimony is taken under oath in the presence of a court reporter who is transcribing everything that is being asked of you and also all of the answers you are giving. Eventually, your deposition testimony will be reduced to a written document known as a transcript. That transcript testimony will be admissible in a trial should your case not settle. Therefore, it is important to be as accurate as possible with your testimony.
The questions that you will receive will cover several topics. First, you will be asked general questions about yourself such as where you live, who do you live with and where do you work. This is done to give the attorney a general idea about who you are.
Next the attorney will ask questions about your accident. Often the attorney will go into very specific details so it’s a good idea to review any police accident reports, photographs, videos and witness statements. It’s even a good idea to visit the accident site. If you can’t visit the site, you may be able to use Google maps to view it on your computer. Take note of the amount of lanes and road markings, traffic control devices, shoulders, curves, declines/ inclines, speed limit and any landmarks. Keep in mind that you will be asked about the date, time, place and circumstances of the accident. Having a strong mental image of the site of the accident will greatly help you to answer these questions.
After covering your accident, the attorney will next discuss your injuries and any treatment that you received. A thorough attorney will cover every healthcare provider that you visited. So, it’s also a good idea to review all of your doctors names and approximate dates of any major events such as surgeries and hospitalizations.
Next the attorney will ask questions about any prior injuries or treatment to the same parts of your body that you’re claiming are injured in your current accident. Often an attorney will do a background check prior to your deposition which will include an insurance claim investigation. So, if you’ve seen a doctor and an insurance company paid for it, the attorney will know about it. They likely won’t have the actual medical record. But, they will have the claims history and will likely be able to eventually obtain the record through continued discovery. So, it’s never a good idea to lie about your past treatment.
Next, the attorney will ask about any subsequent accidents where you re-injured the same parts of your body you’re claiming to have injured in this accident. Again, the attorney will likely have run a check and have the claim information. So, be forthright about it.
Finally, the attorney will ask about how your injuries have affected your life. Are there things that you can’t do anymore? Are there things that you do, but can’t do as well? This tends to be a very important line of questioning and it’s a good idea to think about this in advance. Many people are affected in ways they don’t even realize. For example, after an accident, you may have pain with simple activities such as standing, walking, sitting and sleeping. It’s a good idea to mention all of these issues during this line of questioning.
Finally, since you’re not allowed to bring notes to a deposition, it’s a good idea to review these topics with your attorney prior to the deposition so that it’s all fresh in your mind.
With a little preparation and an understanding of what will be asked of you, your deposition will likely go very well.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
If you’ve been injured in an accident and are pursuing compensation for your injuries, there are a lot of factors that go into what the defense is responsible for paying. One example of this is the fact that New York uses the theory of comparative negligence to determine liability. That means that even if, for example, you were 50% at fault for an accident the other party is still responsible for 50% of the damages resulting from the injury. You can establish any percentage of fault less the 100% and collect for the other party’s proportionate share of fault. But what if you had a pre-existing injury, that has worsened because of the accident caused by the other party? Who is liable in this case?
It’s always the goal of the defense to pay out as little as possible. When the injured party has a pre-existing condition, the defendant is going to use that to their advantage and claim that they do not need to pay, because you were already living with pain. While it’s true that you would receive less for an aggravation of a prior injury, it is still possible to pinpoint the defendant to new injuries despite the pre-existing condition.
For example, let’s say you’ve injured your back in the past. You slip and fall on someone’s property, and you’ve injured your back again. It may be that the previous back injury was aggravated, and the defense wouldn’t have to pay as much since they weren’t at fault for the first time you injured your back. However, let’s say you ruptured a disc in your back that wasn’t ruptured when you first injured your back. You can now prove that the defendant caused an entirely new injury on top of the aggravated old injury, and would be required to compensate.
If you had a joint injury like a torn meniscus in the knee, you may still be able to prove liability for any ligament injuries. And just because you have a pre-existing injury doesn’t mean it automatically plays a role in the case. If the previous injury is a completely different part of the body, it will have no bearing on your current case.
Sometimes there is no way to prove that any new injury was formed. Even if that is the case, you are entitled to compensation for an exacerbation of a pre-existing condition. The total settlement is going to be a lot less than if the injury was new and caused by the defense.
The keys to successfully handling a case with a pre-existing injury is to understand that you are still entitled to money. The most important part is being honest about the injury. You need to be honest because there are likely many records in your medical history that will show that have had an injury. Additionally, it is very important to be clear on how the new injury has worsened your prior condition. An effective strategy from the start will be important.
Finally, if the previous injury happened a long time ago, that works more in your favor as well. The more remote in time the related injury is to your current accident, the easier it is to prove the current accident is the pain causing then event. For example, if you had a car accident in 1992 and injured your back but there has been no treatment for years. It is easier to get the full value of your injury as opposed to if you had the prior accident in 2019. You could make a case that the person has fully recovered, and an injury to the same part of the body was caused by the defendant.
Clearly, there are a lot of factors that go into how these pre-existing injuries will play a role in your personal injury case. A lot of strategy and research is involved to counteract the defendant trying to minimize their liability. This is why it is so important to not just hire any attorney that may try to tackle a personal injury case. Our previous blog talks about what to look for in a qualified personal injury attorney .
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
When facing a serious injury after an accident, it’s a good idea to consult with a personal injury attorney to get back a proper financial recovery for your injuries. Obviously, earning the most compensation is the goal, and hiring the right attorney could potentially make a difference by the thousands, sometimes millions. The thing with a personal injury case is, the initial steps are crucial and move quick. So hiring the right attorney is super important. Here we will outline some of the attributes the best personal injury attorneys have and why it matters so much.
Reasons NOT to Hire an Attorney
People may choose an attorney for many reasons that aren’t ideal. For example, the attorney is close to their home; they have used the attorney before for a real estate purchase, divorce or some other legal matter; or they are friends with the attorney. They may say they are qualified, but probably aren’t fully aware of what’s involved.
Most lawyers will want to handle personal injury cases because the right case can be very lucrative. However, without the proper background and experience, the attorney may find they are quickly in over their head. They may either try and bluff their way through or bring in an attorney qualified to handle the matter to assist. The problem here is that if your case gets off to the wrong start, it may be difficult or even impossible to right the ship. Much of the groundwork for a personal injury case is laid in the first few months. So, you should find the best attorney for your particular case right from the get-go. Here are some GOOD reasons to hire an attorney.
A lawyer that specifically focuses on personal injury is going to be better equipped to handle your case as opposed to a general practice lawyer or a lawyer that typically practices a different area of law.
The right personal injury attorney for your case will have a long track history of handling cases similar to yours in the jurisdiction where your accident happened. For example if you were in a car accident in Suffolk County, you would want to find an experienced Suffolk County Car accident lawyer because that lawyer will not only be fully familiar with the law with respect to car accidents, the lawyer will also understand the Judges, Court System and Jurors.
First, ask family members, friends, and acquaintances if they have a recommendation for an attorney that focuses on personal injury. If a family member or a friend recommends a lawyer that does focus on personal injury, this can be good insight on the lawyer’s reputation and what to expect should you use him. Compile a list. Once you have a list, do your own research. The best place to start is with Google.
Even if you don’t have a personal recommendation, online presence is a great way to see a lawyer’s reputation. Like anything else, not all reviews online are honest or fair, reading a good array of online reviews along with the descriptions can give a really good general idea of an attorney and his/her staff. Most Suffolk County accident attorneys will have many reviews on various websites. Google, Avvo, Lawyers.com, Yelp and Facebook all list attorney reviews. It is worth the time to read them to see how the attorney that you are considering for your injury case has a good reputation.
Additionally, meeting the attorney and his staff for a free consultation is a good way to use your instincts to determine the lawyer’s reputation and how he conducts himself and the office. The staff should be kind, the office should look presentable and well organized. These kinds of clues reflect the firm’s experience in handling cases and getting successful verdicts.
With the ultimate goal being a successful verdict, doing research on past case results of the lawyer is an indicator of his or her effectiveness. If your attorney doesn’t have a track record of recovering large verdicts and settlements how can you be sure they will get you the most compensation possible? Some firms showcase their case results on their websites, while others may share with you at a consultation.
There are a number of types of personal injury cases, with varying procedures depending on the circumstance and the type of injury. For example, a construction site accident case differs from a motor vehicle accident case. Therefore, it is good to know that the attorney has successful experiences handling a matter similar to yours.
A good personal injury lawyer should come across as someone who you feel comfortable with representing you. Being a good communicator with you is an indicator they can effectively represent you in court. The staff also should give you a good impression should you go to a consultation. A well communicating staff won’t keep you in the dark concerning the steps and the status of your case. They should be with you from the start all the way to the case’s resolution.
The lawyer you hire should be local. Especially for personal injury claims, it’s best that the lawyer knows the laws of the areas you live in and are familiar with the location where the injury occurred. It should also be convenient for you to go to their office for consultations. Additionally, some law firms are so big, and handle so many cases, that you might not get the personal attention that you would expect from someone handling your case while you recover from an injury. This is not ideal, because your attorney is not easily accessible.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
Most of the time when someone is inquiring about a personal injury case, the first thing they want to know is how much money they’re able to be compensated for as a result of the injury. While it is good to hire a personal injury law firm that has notable case results similar to the incident of the prospective client, the total figure a person will receive can vary drastically based on a number of factors. A number of these factors aren’t known right away either, and can only be summated as the case progresses.
The eventual goal of a personal injury claim is to compensate you for any and all financial losses that resulted from the injury. Not every type of loss is completely objective, because there are long term effects an injury can cause that go beyond concrete things such as medical bills. To put simply, total losses can be calculated based on two categories, economic losses and non-economic losses.
Economic losses are the things you would typically think of that need to be compensated for your injury. This includes medical bills, lost wages and other out of pocket expenses. In most cases your medical bills will be paid for by some form of insurance. However, there are things that insurance companies don’t pay for that are absolutely economic losses. Co-payments, travel expenses, any unreimbursed medical expenses, even modifications that needed to be made at home, are reimbursable through your lawsuit. Also, in some cases you may be required to reimburse your healthcare provider for medical expenses that they have incurred if you receive a settlement.
Also, many people have disability policies that pay them a portion of their salary following an injury. In a car accident lawsuit you are entitled to receive your total lost wages from the defendant. However, you are only going to recover the amount of money for lost wages that you did not fully recover from insurance. If your insurer is entitled to reimbursement from your lawsuit, then you will receive the total amount of lost wages from the defendant. However, you will be required to repay the insurer the portion that they paid to you.
Finally, some injuries are devastating enough where the road to recovery is very long. Even worse, some injuries can have a permanent effect and never fully recover. In these cases, your total compensation will account for future economic needs as a result of the injury. For example, if you cannot return to work you are entitled to life-long lost wages. In such situations an economist may be hired to figure out your future lost wages, with retirement and inflation in mind, so that they can be reimbursed accurately in your lawsuit.
As mentioned earlier, there are factors that are not so concrete in how much is owed. Non-economic losses put a monetary figure on subjective effects of the injury, such as pain and suffering, mental anguish, loss of enjoyment of life and other emotional injuries. As you can imagine, it can often be difficult to put a financial figure on such damages. The way it is usually done is by comparing people that have suffered similar injuries and seeing what juries have awarded them at trial. However, if a settlement cannot be reached then that amount of money is decided by a jury. This can often lead to a wide discrepancy from case to case. Also, like economic losses, non-economic losses can also be permanent. In such cases that will have to be accounted for in the jury’s verdict or in the settlement.
The first consideration in formulating the value of a case is liability. Simply put, liability means fault. Who is at fault for the accident? This isn’t always black and white. In New York, we recognize the theory of comparative negligence. That means that to receive compensation for an accident you do not have to establish 100% fault on the opposing party. You can establish any percentage of fault less the 100% and collect for the other party’s proportionate share of fault. So if another party is 50% at fault you can collect 50% of the total value of your damages mentioned earlier.
Once you have calculated both economic and non-economic damages, you simply add them together arriving at a total amount of damages. Once you have a total amount of damages, you multiply it by the opposing party’s total percentage of fault. For example, if your total damages are $1,000,000 and the defendant is 50% at fault you are entitled to $500,000.
At the end of the day, someone has to pay out. The money doesn’t come out of nowhere. It’s important to keep in mind that to collect the money you are entitled to, the defendant either must have adequate insurance or have the resources to pay for your damages. If the person is uninsured or under-insured and has no assets, you will not be able to collect the money you are owed. For example, if your total losses equal $1,000,000 but the responsible party is only insured for $25,000, your only way of recovering the difference will be by personally enforcing the judgment you obtain at trial against the responsible party’s assets.
In my experience as a Personal Injury Attorney, most people do not have assets to pay that type of judgment. Therefore, for most accidents, your recovery will be limited by the other party’s insurance. Unfortunately, this scenario arises from time to time. That is why it’s always important to maintain adequate UM/SUM insurance as previously discussed. I always recommend that you match your UM/SUM limits to your own car insurance liability limits.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.