How to Get a Long Island Accident Report
If you’ve been in an accident in Long Island, the accident report is an integral document as you work through the complicated process of submitting claims, connecting with an attorney, and getting the treatment and resolution you need. How to Get a Police Report Following an accident in which damage to vehicles or injuries occurred, you should contact the police to file a police report. They can complete an investigation on-scene; this documentation will help your attorney protect your rights as a victim in the accident. Do not leave the scene of the accident until you have met with police, and do not admit guilt during your discussions with the police. Share the facts without apologizing or claiming responsibility. Always remember that the safety of those involved is more important than the accident report. Make sure everybody is safe, administer first aid if necessary, and call 911 for an ambulance if anybody is seriously hurt. Getting a Copy of the Police Report Once the police report has been filed, you’ll need a copy for your records. This is helpful when submitting claims to your insurance (or the insurance carrier for the other driver) as well as when meeting with a personal injury attorney. The New York Department of Motor Vehicles maintains accident reports for four years, so it’s important to request your copy as soon as possible after your accident. If complications arise later, you may no longer be able to get a copy of your accident report. You can either order a copy of your report by mail using form MV-198C (called Request for Copy of Accident Report) or online through the NY DMV’s website. In order to complete the request, you’ll need to know the license plate number, driver license number, name, and date of birth of at least one person involved in the accident. The DMV will send you a certified copy of the accident report in response to your request. You can’t request your copy by phone in the state of New York. Keep in mind that your police accident report usually isn’t available until two weeks after your accident. If you or someone else involved in the accident filed the report yourself instead of calling the police, it takes much longer to get through the system and be available for you. As a matter of fact, it can take as long as two months. How Much Does it Cost? Like most government requests, you have to pay to get a copy of your accident report following a motor vehicle accident. If you submit your request by mail, the fees include a $10 search fee and a $15 report fee, totaling $25. If you submit your request online, you can expect to pay a $7 search fee and a $15 report fee, totaling $22. What Else Should I Do After an Accident? A personal injury attorney can help guide you following an accident involving injuries. He or she can make sure you’ve taken all of the steps necessary to take care of yourself after your accident. This includes getting the medical care you need and making ends meet financially until you receive compensation for your injuries. He or she can also compare what you receive from insurance companies and/or the driver at fault to what you should have received. If a discrepancy is identified, a personal injury attorney can help you fight for the compensation you deserve after your accident, which might include: compensation for lost wages due to time away from work compensation for wages you will lose in the future if you’re unable to return to work or have lost your job compensation for loss of companionship if there was a death in the accident reimbursement for medical expenses and other services required after the accident compensation for future medical expenses you expect to incur as a result of your injuries To learn more or to discuss your case with an attorney who specializes in personal injury cases, contact the experts at The Law Office of Siler & Ingber, LLP in Long Island today.
Who is at Fault for a Sideswipe Car Accident?
A few months ago, an accident swept the national news even though it did not occur in New York. A mother of six children, including two recently born premature twins who remained hospitalized, was on her way home from visiting them. It was just before midnight when her car was sideswiped by an apparently drunk driver. The sideswipe caused the young mother’s car to roll over. She was ejected from the car and died at the scene, leaving a grieving husband and six young children to mourn. What is a Sideswipe Accident? In a sideswipe accident, one car gets too close to the side of another car and the sides of the two cars connect. This can, as in the example, cause the car that was sideswiped to roll over. Often, the cars remain upright, but run off the road and may hit a parked car or other stationary object. Sideswipe accidents may involve only one vehicle that swipes a road barrier, street sign, parked car, or another inanimate object. But, these types of accidents most often happen when two cars are driving beside each other, and one car begins to move into the lane of the other. The causes for this include: Distracted driving: One driver is talking on the phone, texting, putting on make-up, adjusting the radio, and simply weaves out of his or her own lane, colliding with another car. Drowsy driving: A drowsy driver may momentarily nod off and wake up to discover he or she has strayed across the line dividing the lanes and sideswiped another car. Lane change without paying attention to the surroundings and cars in other lanes or a barrier. Merging without looking carefully. The merging driver fails to see where other cars are, and swipes the side of a nearby car. Not taking into account the blind spot. Closely aligned with merging without looking carefully is forgetting to take into account the blind spot and failing to adjust for that. Fortunately, newer models of cars often come with a feature that alerts drivers whenever they start to change lanes, but another car is traveling in the driver’s blind spot. A driver overreacts to a road hazard and moves into the lane of another vehicle. A driver notices he or she is about to sideswipe another vehicle, over-steers to avoid the accident and ends up sideswiping a different car. Who is at Fault for a Sideswipe Accident It can be difficult to determine fault in a sideswipe accident. It generally begins with looking at where the vehicles end up on the roadway, which direction they were traveling and where they appeared to be traveling within the lines on the road. Witness statements, along with each driver’s recollections, will be used to determine fault. If one driver was crossing a center lane, or lane divider, and the other one was traveling legally within their lane, the driver who was crossing will be at fault. Comparative Fault New York apportions fault under its comparative fault statute. This means that each party may have been partially at fault for the accident. If you were 50 percent at fault, you will not be able to collect for your damages. If it is determined that you were less than 50 percent at fault, your damages will be reduced in proportion to the degree of fault the court assigns to you. An example of comparative fault is that if you are awarded $100,000 in damages, but the court determines you were 30 percent at fault for the accident, your award will be reduced by 30 percent. You will collect $70,000 instead of the full $100,000. Common Sideswipe Accident Injuries Sideswipe accidents, even at low speeds, can cause severe injuries. There is not the structural protection there is when a car is hit from the back or the front. Some of the most common side impact injuries include: Chest injuries. Lower extremities. Head. Abdomen and pelvis area. For those on the “hit” side, the door panel caves in and hits the passenger. For those on the side that was not hit, they are hit by the rebound by the pillar where the seatbelt is anchored. Long Island Sideswipe Accident Attorneys If you were involved in a sideswipe car accident, our attorneys at Siler & Ingber, LLP, have the experience you need to pursue your claim. We will evaluate all the circumstances of your case and determine how to prove fault. We are committed to collecting all the damages to which you are legally entitled. Contact us as soon as possible for a free case evaluation.
Long Island Personal Injury Settlement Calculator
Have you heard or tried to use a personal injury settlement calculator? This type of device is supposed to tell you how much you may get if you obtain a settlement from a negligence claim. But, can it be accurate? Can it really tell you what to expect if you were to file a claim against someone? For those in Long Island, a personal injury settlement calculator simply is not the right route to take. A better solution is to contact an attorney who can help you to determine what is likely in your case. For those who are at this point, and wondering if they could file a claim or get a larger settlement, our team at Siler & Ingber, LLP are the best professionals to work with and speak to instead of a basic tool. Why Aren’t Personal Injury Settlement Calculators Accurate? Think about your personal injury case. Perhaps someone’s dog bit you, or you were in a car accident. These accidents are very different, of course, but they vary between each other as well. For example, the type of damage you have from a dog bite is different from what someone else will experience. You may have a flesh wound while someone else has had damage to a bone or ligament. The same is true for car accidents. Everyone is different. For this reason, there is no way that a personal injury settlement calculator can offer even a basic estimate of what you can expect if you file a claim. But, there are solutions to give you insight, such as a free case review from our Long Island personal injury team. What Factors Impact the Value of a Personal Injury Settlement? Insurance companies want to know what loss you suffered. However, many factors contribute to how much of a claim you will end up getting. It can be very hard to estimate this even by trained professionals. Some key factors to keep in mind include the following. Hard Injuries Hard injuries are some of the most common and serious injuries resulting from an incident. These are easy to diagnose through an x-ray or through the other diagnostic tests you get through your treatment. Or, some hard injuries cause serious health risk. Hard injuries are things like concussions, head injuries, and bone fractures. They can include things like spinal column and nerve damage as well. By contrast, soft injuries can reduce the amount of your claim. These are things like bruising or muscle strain. They may also include pain-related injuries where the actual loss is hard to pinpoint. Treatment-based Medical Bills Sometimes, one of the best ways to see the value of a claim is to look at medical bills. It is clear that you’ve suffered financial loss if you have medical bills to back up your losses. This can also be used to show the importance of the length of your recovery. Medical bills document that you have been receiving treatment for an extended amount of time. Permanent Damage If you have permanent damage, you can expect that your losses will be higher and your claim higher. This can be demonstrated, for example, through loss of abilities or weakness. If this damage is likely to be permanent, it is likely to require a higher level of compensation. Other situations can limit your claim. For example, if you have not needed prescription medications for your injury, that can indicate a reduced level of compensation. If you do not have a lot of medical debt resulting from the incident, or you did not receive much medical treatment after the incident, this, too, reduces how much of a payout the insurer will give you. Other Factors Play a Role, Too The amount of your personal injury claim will be impacted by other factors as well, such as whether or not you have any fault in the incident. In other cases, you may be impacted by the trustworthiness of yourself or the other party. Because of all of these factors, a personal injury settlement calculator is not going to be an ideal tool to use. It simply cannot provide you with enough information to make it worthwhile. But, other solutions exist. Schedule a Free Consultation with a Long Island Personal Injury Team to Learn More Siler & Ingber, LLP provides a free case review for our clients. This is a far better way to learn what you can expect if you pursue a personal injury claim. While there is no way to know for sure what you will obtain, our 20 years of experience and aggressive litigation methods allow our team to provide you with fairly accurate information. We encourage you to call our team for a free case review. Our Long Island team is available at 877-718-6079, or you can fill out our online form for more information.
Bulging or Herniated Disc Settlements After an Accident
While any injury sustained in a car accident is frightening, a back injury from a vehicle collision can be especially devastating because this is the area where the nerves that control the rest of the body exit from. Two of the most common back injuries sustained during a car accident are bulging and herniated discs. If you have been diagnosed with a herniated disc in your lower back or a bulging disc in your neck from a car accident, you should contact a personal injury attorney who is familiar with attaining a settlement for a herniated disc or bulging disc injuries sustained in motor vehicle accidents. What Part of the Spine is Susceptible to Herniated and/or Bulging Discs? These injuries can occur in any area of the spine; however, herniated discs tend to occur more frequently in the lumbar spine (lower back) than any of the other parts of the spine. In fact, approximately 95 percent of disc herniations occur at the L4/L5 and L5/S1 levels. The second most common location for herniations is in the cervical spine (neck), with C5/C6 and C6/C7 being the areas of the neck where disc herniations from a car accident frequently occur. Understanding Your Back Injury The vertebrae are the bones that form your spine. These bones are stacked on top of one another. In between each vertebra is a jellylike material (i.e., central nuclear material), which keeps the bones from rubbing each other and provides cushioning for the vertebra. A disc bulge or herniation occurs when this jelly-like material protrudes from in between a set of the vertebral discs. For the sake of imagery, consider a sandwich cookie (e.g., an Oreo): If you take the top cookie and press it down towards the bottom cookie, the filling oozes out. This is essentially what happens when a disc bulges or herniates. It is the degree of the injury that determines which diagnosis the physician uses. Herniated Disc vs Bulging Disc: What is the Difference? While some use the terms ‘bulging’ and ‘herniated’ interchangeably, they are not the same. The term used depends on the degree of the injury. A bulging disc refers to a small protrusion of a disc’s central nuclear material that remains contained within the outer fibers; whereas, a herniated disc has broken through these outer fibers. Since the nuclear material has broken through the fibers, a herniated disc is more likely to put pressure on nerve roots, which leads to pain. Symptoms of a Herniated Disc The pain an individual experiences following this type of injury is directly linked to the location of the herniation. A herniated disc in the lower back A herniation in the lumbar spine may cause pain and/or other sensations to radiate into the buttock and leg: Symptoms may include a searing pain, a sharp pain, a numbness or a tingling sensation that extends down the buttock into the back of the leg. If pain extends from the buttock all the way down the back of the leg and into the foot, the individual is experiencing sciatica. This symptom is referred to as sciatica because it is the sciatic nerve that is being irritated by the disc herniation from the car accident. Typically, only one side is affected at a time (left or right). Sciatic pain may become more severe with sitting, walking or standing. In addition to leg pain, back pain may be present. A herniated disc in the neck: When a herniation in the cervical spine occurs during a car accident, symptoms usually include pain between the shoulder blades or in the neck itself. This pain can be dull or sharp and may radiate down the arm, into the hands, and fingers. Tingling and numbness can also occur in the shoulder and/or the arm when there is a cervical disc herniation. The radiating pain may increase when the neck is moved a certain way. Seek Medical Care Right Away If you have been involved in a motor vehicle accident and you are having any of the bulging or herniated disc symptoms listed above, please seek medical care right away. Once you have received medical care for the herniated disc from a car accident in Long Island, contact an experienced personal injury attorney. New York is a “No Fault” Car Insurance State Since the state of New York is a ‘no-fault’ car insurance state, if you are involved in a motor vehicle accident, you have to file an insurance claim with your own insurance company in a timely manner. If you have sustained a disc herniation or have a bulging disc from a car accident, your no-fault insurance may pay up to $50,000 towards your medical bills and lost wages; however, to receive compensation for pain and suffering as well as your lost property, a third party personal injury claim must be filed. Personal Injury Claim for a Herniated or Bulging Disc To obtain a bulging or herniated disc settlement from a car accident personal injury claim, certain criteria must be met: the claim must be filed within three years of the collision against a privately owned vehicle; evidence of the injury, disfigurement and/or disability must be gathered; if applicable, evidence related to a fatality that occurred due to the motor vehicle accident must be obtained. If you were involved in a car accident and would like to seek compensation for your loss of property as well as pain and suffering, please contact our office today: Let us help you gather your evidence and file your personal injury claim for a herniated or bulging disc from an accident. Contact The Law Office of Siler & Ingber LLP to schedule your complimentary case review.
Faulty or Unsafe Construction Equipment Injuries
In 2015 in Manhattan, the safety coordinator of a construction project that was underway was tragically killed when the hydraulics on a crane that was being used malfunctioned. The worker was crushed between his flatbed truck and the boom. He was checking on mechanical problems with the crane when the boom fell on top of him. Statistics from the Occupational Health and Safety Administration (OSHA) show that this is just one example of the many types of work-related fatalities that occur in the construction industry every year. In New York, nearly 40 percent of all work-related fatalities happen to construction workers. In addition to getting caught-in-between as the Manhattan worker did, workers fall off of ladders and scaffolding, they get struck by objects and even electrocuted. Although not all accidents are caused by faulty equipment, many are. Faulty Equipment Meaning Faulty equipment refers to a piece of equipment that has something wrong with it; it is defective. When the defect is due to a manufacturing error of any kind, the manufacturer, and possibly the distributor, may be held liable and legally required to pay damages to the injured worker. Equipment that has not been properly maintained may also be faulty and result in an injury. In cases like that, the injured worker may be able to bring a negligence action against the employer in addition to the workers’ compensation claim. Examples of Injuries Due to Faulty Equipment Some examples of the four most common construction accidents injuries due to faulty and defective equipment, or improperly maintained equipment, include: Falls: Falls are the most frequent type of construction accident. They are often caused by defective ladders, scaffolding, or faulty safety equipment. In early 2018, four San Diego construction workers were injured when the scaffolding upon which they were standing suddenly collapsed, causing them to fall to the ground. Even though the scaffolding was only 16 feet in the air, three of the four workers suffered serious and traumatic injuries. Being struck by falling objects: Although such an accident may sometimes be attributed to the carelessness of another worker, it is more commonly caused by faulty equipment. For example, an experienced Boston construction worker was killed when an overhead crane dropped a six-ton steel beam on top of him. The case is under investigation to determine why the crane malfunctioned. Electrocution: One worker was simply using a jack-hammer after a rainstorm. The man was not wearing the company-issued rubber boots when the frayed power cord came in contact with standing rainwater, electrocuting him. This is an example of the serious consequences that can occur when equipment is not properly maintained. Caught-in-between accidents: This happens when, as given in the first example of the Manhattan worker, malfunctioning parts crush workers who get “caught-in-between” equipment or objects. It is also fairly common in tight warehouses where forklifts are present. A personal can be struck and pinned in a forklift accident. Third Party Lawsuits Against Manufacturers of Faulty Equipment If you are a construction worker who was injured on the job due to faulty equipment, you may think that workers’ compensation is your only avenue for collecting for your medical bills and lost wages. Not true. When your work-related injury is due to a defective product, you may file a lawsuit against the manufacturer of the defective product in addition to your workers’ compensation claim. Manufacturers of construction equipment have an obligation to make sure the equipment is safe for the workers to use. When they do not fulfill that obligation, they may be held legally accountable for their failure. Grounds for such a lawsuit are: A design defect resulted in the construction equipment being unsafe. An error occurred during the equipment manufacturing process that was not intended, rendering the equipment unsafe. Failure of the manufacturer to warn of a known defect in the equipment. Long Island Faulty Equipment Injury Attorney If you were injured by faulty construction equipment, or someone you care about was killed, our Long Island attorneys at Siler & Ingber, LLP, have the experience and dedication you need to pursue your claim for damages. We do our best to make sure you are fully compensated through both workers’ compensation and third party lawsuits against manufacturers and distributors of defective construction equipment. The law has strict requirements about how long you have after an accident to file your claim for damages. If you miss the deadline, you will lose forever your right to file a lawsuit no matter how severely you were hurt, or how clear it is that your loved one died due to an equipment manufacturer’s negligence. Contact us as soon as possible. We offer a free case review.
Can You Reopen an Injury Case?
There are instances when the reopening of a case is allowed. Each case is unique and whether a case can be reopened or not depends on the specific circumstances of the case. An experienced attorney in Long Island can review an injury case to determine if reopening it is possible. Can a Personal Injury Lawsuit Be Reopened? Possibly, the court closes a lawsuit by filing a judgment or a dismissal: Each of these may be filed ‘with prejudice’ or ‘without prejudice.’ The way the case was closed determines whether the closed case can be reopened. In general, a case dismissed ‘with prejudice’ cannot be reopened; whereas, a case that is dismissed ‘without prejudice’ can be reopened at a later date. Settling a Case When a case is settled, it means that the injured (plaintiff) agrees to accept money from the person or company (defendant) responsible for the damages the plaintiff suffered in return for dropping the legal action being pursued. Once a settlement is reached, the plaintiff signs a ‘Release of Liability.’ It is vital that the plaintiff thoroughly review this release prior to signing it. Additionally, since an experienced personal injury attorney is familiar with these types of releases, the plaintiff should have an attorney present during this action. Otherwise, the plaintiff may not be happy with the settlement and once the Release of Liability is signed, it absolves the defendant from any further responsibility for the plaintiff’s damages. Personal Injury Case, Settlement or Trial: Which is Best? If a settlement is reached before the trial begins, there will not be a trial. However, as long as the jury has yet to reach a verdict, a settlement can be reached at any point throughout the trial. Ultimately, the plaintiff decides if he or she would like to accept a settlement offered by the defendant; However, a personal injury attorney can usually gauge what would be in the plaintiff’s best interest (to settle, go to trial or wait for the jury’s verdict). For the Most Part, Once the Release of Liability is Signed, the Case is Over The plaintiff should seek legal representation before signing a release absolving the defendant from any further liability. Once the Release of Liability is signed, even when a case is in suit, the case is over; therefore, the plaintiff will never be permitted to reopen the personal injury claim after settlement. Furthermore, if the case is settled before the lawsuit is filed, the plaintiff cannot choose to sue the defendant for any of the damages included in the signed release at a later date. Car Accident Personal Injury Cases Suing After a Car Accident Settlement When it comes to a car accident in Long Island, your medical expenses and lost wages should be covered by your no-fault insurance policy. This no-fault policy covers up to $50,000; however, in order to obtain compensation for pain and suffering, and property damage, a personal injury claim must be filed. A personal injury attorney experienced in helping people attain compensation following a car accident knows the steps that need to be taken to file this type of claim. Backing Out of a Car Accident Settlement On rare occasions, a claimant (person injured) can back out of a settlement. If the claimant agrees to settle the car accident case, but he or she does not agree with the terms of the settlement being offered by the insurer or defense attorney, the claimant may be able to back out of the settlement, altogether. Keep in mind that in order to settle a car accident personal injury case the claimant is required to sign a release: Although the majority of releases used in car accident personal injury cases are usually straightforward, on occasion, disputes over the terms arise. When a dispute is significant enough, the claimant may be able to back out of the agreement to settle. Settling a Car Accident Personal Injury Case Already in Suit The claimant’s personal injury attorney will argue over the terms of the settlement: Typically, a consensus will be reached between the Defense Attorney and the personal injury attorney. The agreed upon settlement release is then presented to the claimant for review. When a consensus cannot be reached: If a consensus cannot be reached, the release may be taken to a judge. The judge may order the terms of the release be changed, order the claimant to sign the release as it is or cancel the settlement and order the lawsuit to continue. When Settlement is Reached After a Car Accident, But Before Filing Suit Claimants should not sign the release they receive from the adjuster. Settling a car accident without an attorney can be a mistake. If the claimant is unhappy with the settlement being offered, legal representation is necessary because the adjuster will not change his or her mind based on the claimant’s request. While hiring an attorney to negotiate the terms of a release does not guarantee the adjuster will reconsider, it does provide the claimant with a bit more leverage because the attorney has experience dealing with issues such as this. If the adjuster refuses to negotiate the terms of the release, your attorney can help the claimant file suit. Once a suit is filed, a judge determines if the claimant can back out of the settlement or if the terms of the release need to be changed. Special Circumstances: Multiple Defendants in a Car Accident Case If a claimant settles a claim with one defendant, he or she still has the right to file suit against other potential defendants. For example, a car accident involving multiple parties. However, prior to signing any releases, claimants must ensure that the release does not excuse all potential defendants from liability. A personal injury attorney is familiar with the wording some insurance companies use in their releases, which is why having an experienced attorney is beneficial. Reopening a case can be tedious, which is why individuals who are interested in reopening a case
Shoulder Injury After an Accident | Lawsuits and Settlements
The stress experienced during a car crash causes all the muscles in the body to become tense. When the stress ends, the muscles will release the tension. However, this tensing of the muscles can lead to an injury, even when an accident is minor. In addition, due to the body’s natural reaction of releasing hormones (e.g., adrenalin) to assist the body as it deals with stress, a shoulder injury from a car accident may not reveal itself right away. For this reason, seeking medical treatment directly after any automobile accident is recommended. The Shoulder Joint Consists of Three Bones Shoulder joints consist of three bones: the collarbone (clavicle), the shoulder blade (scapula) and the upper arm bone (humerus). The shoulders tend to be somewhat unstable: This instability results from the ball of the upper arm being larger than the socket holding it. As such, for the shoulder to remain stable and in the proper position, it must be anchored by the surrounding tendons, muscles, and ligaments. Shoulder Injuries Caused by Seat Belts If you suffered a shoulder injury due to your seat belt, you are not alone. The seatbelt crosses the shoulder, which is why shoulder injuries are a common occurrence during motor vehicle accidents. Even so, the National Highway Safety Administration (NHTSA) and law enforcement still recommend the use of a seat belt: Keep in mind that wearing a seat belt is the law. Moreover, while a shoulder injury during an automobile accident can result, the seat belt may very well save your life: According to the NHTSA, seat belts saved almost 14,000 lives in 2015. Common Shoulder Injuries from Car Accidents Usually, it is the muscles, tendons, and ligaments of the shoulders that become injured during a motor vehicle accident. There are two categories that the medical field uses when diagnosing shoulder injuries: Instability – this injury occurs when the shoulder joints are misaligned. The symptoms associated with this category of shoulder injury includes pain upon raising the arm and/or the feeling that the shoulder is not in the right place. Impingement – this injury occurs when the shoulder blade and shoulder muscles rub against one another: However, impingement usually results from repetitive overhead arm movements (rarely due to a car accident). Shoulder Strains and Sprains After an Accident The term strain refers to a condition in which a tendon or muscle has become stretched, or torn. Symptoms of a strain include swelling, muscle spasms, cramping, pain and difficulty moving the shoulder. The term sprain refers to a condition in which a ligament is stretched or torn. The ligaments are responsible for connecting the bones at the shoulder joint. Symptoms of a shoulder sprain include bruising, swelling, pain, an inability to move the shoulder altogether. At the time of injury, a pop or tear may be felt. A Shoulder Dislocation After an Accident A dislocation is a joint injury characterized by the ends of the bones being positioned incorrectly. A dislocated shoulder will be swollen, extremely painful and noticeably out of place. In addition, moving it may be impossible. A dislocated shoulder is an emergency; therefore, seeking treatment directly following a car accident is essential. The shoulder may need to be repositioned and medicine for the shoulder pain can be provided. Initially, a sling or splint might need to be worn; however, eventually, rehabilitation treatments will begin. Unfortunately, once any joint is dislocated, the chances of a recurrence is likely. Rotator Cuff Injuries After an Accident The rotator cuff consists of tendons and muscles that help the shoulder move: These muscles and tendons also assist with maintaining stability. During an automobile accident, the rotator cuff may become torn, the tendons might be inflamed (tendinitis) or the fluid filled sac (bursa) may become irritated and swollen (bursitis). Some rotator cuff tears are extremely painful; whereas, others are not. A ‘No Fault’ Insurance State, Explained Since New York is a ‘no-fault’ insurance state, after a car accident, you are required to contact your own insurance company to inform them about the accident: The no-fault insurance will pay up to $50,000 for your medical expenses and lost wages; however, it will not cover loss of property or pain and suffering. In order to be compensated for these losses, you need to file a personal injury claim to and seek a shoulder injury settlement. To receive compensation in this type of case, you have to prove that you have been seriously injured. Should Injury Settlements While some damages are easy to calculate, others require the skill of a knowledgeable Personal Injury Lawyer. Medical bills and lost wages are considered ‘concrete losses’ because they can be calculated using a paper trail; however, determining pain and suffering, loss of quality of life, and future lost wages are ‘not concrete.’ For these reasons, calculating a car accident shoulder injury settlement cannot be completed until all the evidence is gathered. If you have a shoulder injury due to a car accident and you are having difficulty with your no-fault insurance company, contact The Law Office of Siler & Ingber LLP today at to schedule your free case review. Moreover, if you would like to seek compensation for lost property as well as for pain and suffering, we may be able to help.
Neck and Back Pain After a Car Accident | Lawsuits and Settlements
One of the most common injuries after a car accident is neck and back pain. It can occur as a result of the forceful impact of one vehicle hitting another. When this happens, it jars the body forward at a rapid pace, creating numerous areas of potential inflammation and even breakage in the spine. If you’ve suffered an injury like this, you likely will need both short term and long term rehabilitation and care. Sometimes, those symptoms do not even show up for several days. Your first step is to get emergency medical help. Your second step is to ensure you do not settle any car accident insurance claim without an attorney by your side. At The Law Offices of Siler & Ingber, we provide one-on-one consultations and case reviews to our clients free of charge. We encourage anyone hurt in a vehicle accident to work with a personal injury attorney before settling these claims. Common Injuries from Car Accidents In the United States, 2.35 million people are injured or disabled in a vehicle crash each year, according to research from the Association for Safe International Road Travel. Many of these individuals suffer serious and obvious injuries, such as broken bones and lacerations. Other times, injuries are not obvious. With neck and back pain after an accident, it is not always evident that a problem exists for several hours or even a few days. The body’s adrenaline can hide these symptoms in the minutes after an accident. That is why individuals often feel sore and unable to move well in the days following an accident. Yet, these are not obvious injuries. Some of the most common injuries from a car accident include: Soft tissue injuries. This includes whiplash, a condition in which inflammation and pain develops in the cervical spine. This is the upper portion of the spine. Muscle and ligament strains and tears. This can happen in any area of the body, but tend to happen in the shoulders, back, and in the hips after a car accident. Back pain. Back pain occurs as a result of soft tissue tears, but also because of spinal damage. While the spinal cord may not be damaged, there can still be decompression and nerve pain occurring as a result of misalignment of the spinal column. Additionally, it is not uncommon for individuals to suffer from obvious injuries such as head injuries, scrapes, cuts, and chest injuries. Arm and leg injuries can occur as well. Sometimes, spinal injuries can cause damage to the nerves leading into the legs and arms. Symptoms to Watch Out for After a Car Accident After a car accident, it is always wise to visit the emergency room for a full examination. However, even if the doctors there do not find obvious signs of problems, they can develop over the coming days. Key symptoms to monitor for include: Confusion or disorientation Pain in the neck, upper shoulders, and back Pain that radiates outward from the spine or seems to spread into the legs or arms Headaches and migraines Trouble focusing and concentrating Fatigue not relieved by normal sleep Changes in gait or movements of the arms, legs, hips, or other joints Any type of severe pain Any instance of passing out or loss of consciousness If you notice any of these symptoms, your first step should be to contact the emergency room or your doctor for a full examination. You may also be able to work with a chiropractor for back and neck injuries after a car accident. What’s causing neck and back pain after a car accident? This type of pain is often brought on by inflammation in the nerve roots. For example, in back and neck injuries after a car accident, a person’s adrenaline wears down, exposing the extent of damage. The body begins to heal, but inflammation develops in the soft tissues. This causes pain and nerve damage. It is unlikely that this will go away on its own. What Should You Do Now? You may be owed compensation for the medical bills related to your car accident including for the long-term treatment of back and neck pain. Our team will work with you to ensure you receive compensation for all of your losses. This includes care for any of these or other complex medical conditions you develop through no fault of your own. Don’t settle with an insurance company until you speak to our team. If another driver is responsible for your losses, you should not have to pay for any of these medical bills. Schedule a Case Review for Any Car Accident Injuries with our Attorneys With over 20 years of experience, and a 98% rate of winning our cases, the team at The Law Offices of Siler & Ingber, LLP are available to help you. If you’ve suffered any losses or developed any type of neck and back pain after a car accident, we encourage you to contact us immediately for a free case review. Call our offices to discuss your case at 877-718-6079.
Can You Sue for Diminished Value?
Most consumers want to know if a vehicle has been in a car accident before they decide to buy it. It just makes sense that you do not want to pay a high price for a vehicle that has some type of accident history. That is the reason many vehicle owners need to consider diminished value after they have been in a car accident. This is especially true in situations where you were in an accident caused by another person. In these cases, you may want to sue for diminished value. That process can be complex and hard to prove in some situations. Working with our legal team at Siler & Ingber, LLP will help you to learn about all of your options. Every case is very different. We encourage you to give us a call before you file a claim or settle a claim for diminished value. What Is Diminished Value and When Does It Apply? Diminished value refers to the value of a car after an accident. In many situations, an accident will reduce the value of the car at resale. For example, an individual owns a vehicle that he or she could sell on the market today for $10,000. However, an accident occurs. Even if the vehicle is comprehensively repaired and is in good working order afterward, it may now only be worth $7,000 on the market. This difference is important to understand. If someone else caused the accident and you suffered a loss of value in your vehicle, that person may be financially responsible for covering the loss. However, it is rarely easy to file a claim like this. Most auto insurance companies do not want to handle them. How to File a Diminished Value Claim First, realize that you can only file a diminished value claim if the damage was not your fault. Your insurer is not going to cover costs for your own mistakes here. However, when another person causes damage to your vehicle, you can file a diminished value claim with the at-fault insurer. Your goal is to learn what the loss in value is. Then, you will need to present this information to the at-fault insurer. This is the process for filing a claim. Before you can do this, you must first prove that the diminished value occurred. How to Prove Diminished Value Vehicle To do so, you will need to get an appraisal of the vehicle. This must be done through a third-party organization. This happens even if you do not plan to sell the car right now. This determines the value – how much less the vehicle is worth now compared to before the incident. It is often best to work with an attorney through this process. Here’s why. First, you’ll need to determine the pre-accident value of the car, which requires researching the value of the car both online and through other sources. You can then find a third-party vehicle appraiser or allow an attorney to do so. Handling this process is difficult. What Is a Diminished Value Claim Letter? A diminished value claim letter is simply a document from an appraiser showing the current value of the vehicle after the incident. It is an explanation you will send to the at-fault insurer to describe the loss. It will explain the pre-loss value of the vehicle (from the sources you obtain) as well as the after-accident value (from the current appraisal). Once you have this letter created, you can file the claim with the at-fault party’s insurer. And, again, this is where things get complex. In nearly all situations, the insurer will refute the claims. They may state that they do not owe those funds. And, if this is a part of a larger claim against the company for the damage and other losses you’ve suffered, the process can take some time. As a result, many claims for diminished value make it to court. There, the insurer will try to prove that there is no loss of value to the car, especially if you are not selling it. Because of these complexities, it is often wise to work closely with a skilled car accident attorney with experience filing diminished value. Doing so can give you the support you need when filing these claims. You can also learn what your claims options. How to Get Help Now: Schedule a Free Case Review with Our Team How do I claim diminished value? It’s a question we often hear after complicated vehicle accidents. If you suffered damage to your vehicle through no fault of your own, do not settle with the vehicle insurance company just yet. Instead, work closely with our team at Siler & Ingber LLP to find out what all of your options are including whether or not you can file a diminished value claim. For a free case review, call our team now at 877-718-6079. Our New York personal injury attorneys are happy to answer your questions. Contact us online now or call our office.
Negotiating a Settlement: How Long Does It Take?
Click Here To Calculate Settlement An auto accident can happen in an instant. Yet the injuries, pain and emotional scars can last a lifetime. Right after the accident, an insurance company will come to you with a settlement offer. Sometimes, the amount will be lower than what you expected and may not cover your injury costs or damages. Yet the insurance company usually hopes that because your medical bills are piling up, you will accept the first offer that is presented to you. You don’t have to accept the first settlement offer. Instead, you can negotiate a price that covers your medical bills, lost wages, pain and suffering, and any additional medical treatments that you may need in the future. This negotiation process involves sending a demand letter to the insurance company on how much you are seeking, waiting for the insurance adjuster to evaluate your claim, and then receiving a response where they provide a counteroffer. Here is a general timeline of an auto accident settlement, although yours may be longer or shorter than the actual time frame due to the complexities of your personal injury claim. Settlement Negotiation Process It can take weeks to months for the insurance company to contact you about the settlement. There are a range of reasons why it can take longer than usual, such as the fact that your injuries may keep you in the hospital for long periods of time. Also, it might take some time for the auto accident to be investigated and to determine who is liable for your damages and injuries, especially if it is a multiple car accident pileup. During this time, you may also receive a reservation of rights letter from the insurance company. You should not get too worried about this letter. It simply states that the insurance company is currently investigating the accident and your insurance policy as the company is reserving the right to deny your claim if it is determined that the accident is not covered by the insurance policy. The reservation of rights letter is used by the insurance company to safeguard their rights. It doesn’t mean that they have already denied your claim or that they won’t negotiate with you for a settlement amount. They are merely performing further investigation about the situation. Once the insurance company offers you a claim, you can refuse the offer. This is the start of the settlement negotiation process. At this point in time, you can send them a demand letter with the amount you want from the accident. You should include in the demand letter any details that you believe the insurance adjuster should know about that will further help your claim. Then the insurance adjuster will give a response once they have received your demand letter. When the insurance adjuster contacts you, they may make a counteroffer or dispute certain facts to try to lower the compensation amount. Common topics they will dispute about will include what medical treatments you obtained, how long you need medical treatment, what injuries you have from the accident, whether your insurance policy covers the accident, and whether you may be held partially at fault for the accident. During this back-and-forth exchange, you can answer their questions and provide further proof about your claims. You may accept the counteroffer, or make another demand for a different amount. This process can go on for some time until they make an offer that you accept. Auto Accident Settlement Timeline The negotiation timeline will vary depending on how many offers and counteroffers occur before you accept a settlement amount. Typically, it can take anywhere from one to two weeks for the insurance company to respond to your demand letter. Then it can take anywhere from weeks to months until you reach a settlement that you will accept. Some people accept the first or second offer, while others may accept the third or fourth counteroffer. Obtaining your settlement may take from two weeks up to a month. There should always be a predetermined time frame established during the negotiations regarding how long the insurance company has to pay you the full amount. Once they send out the check, your lawyer may deposit it into a trust account until the check clears the bank. Then the lawyer will take out their fees and pay off any outstanding liens you may have with medical providers. Get Help with Your Negotiation Process Some insurance adjusters will put off answering your demand letter, as your medical bills and lost wages can pile up. You may also need help documenting the settlement negotiations, or establishing a claim and fair settlement amount. In addition, the insurance company may deny your claim as you have to take legal action. The attorneys at Siler & Ingber, LLP can protect your rights by helping you with the negotiation process. Contact our office today for a free case review.
