LAWYER: 5 Secrets to DOUBLE Your New York Injury Settlement

Summary

This guide from a New York personal injury attorney outlines five essential strategies to maximize financial recovery after a motor vehicle accident. The author emphasizes the importance of immediate medical evaluation and strict adherence to prescribed treatment plans to prevent insurance companies from devaluing a claim. To avoid self-incrimination, victims are urged to decline to give statements to insurance adjusters and instead focus on creating a robust paper trail through police reports and scene photography. The source highlights that insurance providers are not allies to the injured and often use lowball tactics or legal deadlines to minimize payouts. Ultimately, the text argues that retaining professional legal counsel is the most effective way to navigate complex laws and significantly increase the final settlement amount.

FAQs:

What should I do immediately after a car accident in New York?

You should seek medical treatment right away and call the police to file an official accident report. Seeking immediate care from an ambulance or emergency room establishes a documented link between the accident and your injuries, preventing insurance companies from claiming your condition is unrelated to the crash.

How much medical coverage does New York No-Fault insurance provide?

New York No-Fault insurance typically covers the first $50,000 of medical benefits and lost wages for individuals injured in a motor vehicle accident. This coverage is designed to ensure you receive necessary medical care regardless of who was at fault for the collision.

Do I have to give a recorded statement to the other driver’s insurance company?

No, you are not legally required to provide a recorded or written statement to the defendant’s insurance adjuster in New York State. It is often recommended to have an attorney handle these communications on your behalf to prevent your words from being used to minimize your claim.

What is the “threshold” injury requirement in New York?

New York law requires that an injury meet a specific “threshold” level of severity such as a certain period of disability or a permanent limitation before a person can pursue a lawsuit against the at-fault party. An experienced attorney can help gather the necessary medical evidence, such as MRI results or surgical records, to prove that your injury meets this legal standard.

When is a police report required for a New York car accident?

According to New York State Vehicle and Traffic Law Section 605, you must report an accident if there is an injury, a death, or if property damage to any one person exceeds $1,000. Filing a report ensures that a neutral third party documents the scene, witnesses, and road conditions, which serves as vital evidence in your case

Transcription of the Video

If you’ve been in a car accident, the insurance company is not on your side; they have these sneaky little tactics so that they can pay you as little as possible or possibly even nothing. But what if you knew the secrets to doubling your settlement? I’m Brett Harrison, a New York personal injury lawyer, and I’ve helped recover millions upon millions of dollars for people in car accidents. In this video, I’ll reveal five crucial steps to ensure that you don’t receive less than you should and you receive what you truly are owed every last dollar. Miss one step, and you could be shortchanging yourself thousands upon thousands, maybe even hundreds of thousands of dollars.

After a car accident, an ambulance and first responders typically arrive at the scene, but not receiving treatment there can often hurt your case. Insurance companies love it when you don’t receive treatment right away because they’ll probably say, “Well, it probably wasn’t that serious”. At the accident scene, be checked out by first responders; your health is paramount, and secondly, why give the insurance company additional ammo? Under New York State no-fault insurance, they cover up to $50,000 in medical benefits and lost wages. Consistently seek medical treatment, if not at the scene, as soon as possible with a doctor to document all your injuries. You must create a paper trail to protect your legal rights and what you are entitled to.

Secret number two: follow your treating doctors’, chiropractors’, or physical therapists’ treatment recommendations. Follow their treatment to the letter; don’t try to play your own doctor. It is important each time you go to your doctor to tell them from head to toe what is bothering you because it is often trauma-related to your car accident. Documentation is vital. In New York, you have a duty to mitigate your damages. Insurance companies pounce on gaps in treatment to claim you must be fine. Consistently follow your doctor’s treatment plan to avoid doubt about the seriousness of your injury.

Secret number three: stop talking so much. You do not have to give a statement to the defendant’s adjuster because it can only hurt you. In New York State, you are not required to give a recorded or written statement to the defendant’s insurance adjuster. They are trained to manipulate your words to benefit their insurance company. Let your attorney do the talking.

Secret number four: at the scene, take plenty of photos. Take pictures of your car on all sides, the other car from all angles, including the license plate, and the people involved. Call the police and make a report. Under New York State Vehicle and Traffic Law Section 605, you have an obligation to report the accident if someone is injured, killed, or there is $1,000 worth of property damage. The police report is a key piece of neutral, objective evidence. Don’t fall for the other driver asking not to involve the police. Document everything, including visible injuries and witness information.

Secret number five: hire an attorney as soon as possible. Statistics show that when an attorney handles a settlement, they typically receive 3.5 times as much as someone representing themselves. In New York, we have a “threshold” under no-fault law, meaning you cannot make a claim unless your injury meets a certain level of severity. Also, you have a statute of limitations; for an adult, you have three years to file a claim in the courts.