Q: How do I make up for my lost wages until I get my settlement?
A: Since the insurance for the at-fault party won't pay for your lost wages immediately after the accident, accident or illness, there are a few options to make up for lost wages and pay your bills while you wait for your settlement. If you’ve been injured in a car accident, PIP insurance can cover los...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: How do I pay my medical bills until I get my settlement?
A: If you’ve been injured in a car accident, the first option to pay medical bills -- and the first that must be used -- is PIP insurance. After that fund is exhausted or for other types of claims, most people utilize their own health insurance to pay medical bills until a settlement is reached. If tha...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: What is a release in a settlement?
A: A release is a document that you sign in return for accepting the settlement funds. By signing the release, you are accepting the settlement and therefore releasing any other claims against the defendant and usually any other defendant related to the incident. In other words, once you settle you can...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: What if I was partly at fault for the accident?
A: In New York, you have the right to compensation or damages even if a car accident was partly your fault. Insurance companies look at several factors when determining fault and assign liability as a percentage. The amount or percentage of fault is determined on a case-by-case basis, and it all depend...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: What if I had a pre-existing condition?
A: A pre-existing condition does not exclude you from recovering damages for a personal injury claim. The Eggshell Injury Doctrine is a law that many states, including New York, have incorporated to protect individuals suffering from pre-existing conditions. This law essentially states that individuals...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: What do I do if an insurance adjuster calls me?
A: You shouldn't talk with an insurance adjuster for another person associated with the case. They may appear to be neighborly and thoughtful, however their best interest does not align with your best interest. No matter what an insurance adjuster may say, you have a right to reject a settlement offer ...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: Do I have a case if I do not feel hurt?
A: Personal injury includes injuries to both mind and body. If you have suffered an injury to yourself, whether emotional or physical, through no fault of your own, you may have a case. Typically, you do need evidence to prove your injuries so it's important to seek medical treatment for any type of in...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: How do I know if I have a case?
A: In order to have a case you must incur damages, namely a physical or emotional injury caused by someone else's negligence. And you must have sufficient evidence to support your claim and have suffered damage in some way because of this injury. The factors are quite complex making it difficult for mo...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: What do I do after an accident?
A: Immediately after an accident, seek medical treatment for yourself, your passengers and anyone else involved in the accident. You should also call the police to ensure a police report is filed. Try to take pictures and document the scene as best as you can. Exchange information with other drivers. O...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: Will I have to go to trial to recover damages?
A: A majority of personal injury cases are resolved out of court, and a large percentage of the cases that do go to trial are worked out between both parties before the matter is decided by verdict. However, having a skilled trial attorney like Brandon J. Broderick ensures that you have the best possib...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: How long do I have to file a claim after a car accident?
A: The statute of limitations for personal injury claims in New York is two years from the date of the incident. The statute of limitations for children, however, is extended to the two years within the child’s 18th birthday. If you fail to file a claim within that time frame, you could give up your ch...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: How is a settlement reached?
A: A settlement is reached when the defendant agrees to pay an amount to the plaintiff to drop the case. Typically, this is the case for most personal injury cases – usually a settlement will be reached before a lawsuit is even filed. There are several factors that are considered when determining a set...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: Do I really need a lawyer for a car accident claim?
A: There is no law requiring you to have a lawyer when filing a personal injury claim after a car accident. However, what you get from working with experienced attorneys can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When ...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: Should I settle with the insurance company?
A: In a word: NO. Insurance companies are in business to collect money, not pay out claimants. As a result, they work vigorously to pay victims as little as possible. Often, they will attempt to contact an injured victim and try to settle for very little as quickly as they can. By having legal represen...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: How much is my claim worth?
A: This is a common question we hear, but not a very easy one to answer. All cases are unique, and the value of your claim will depend on the facts and circumstances involved. Generally, we help our clients pursue the maximum compensation possible for all damage resulting from their accident.
— New York City Personal Injury Attorney at Law, Brandon J. Broderick
Q: What are my rights if another driver caused my accident and injury?
A: Under personal injury law, you have the right to pursue legal action against the party responsible for causing your accident and injury. This action will take the form of a lawsuit, which essentially states that because another’s negligence or wrongful act more likely than not caused you harm, you w...
— New York City Personal Injury Attorney at Law, Brandon J. Broderick