What is a Personal Injury Lawsuit in NY?
Brandon J. Broderick, Personal Injury Attorney at Law
An accident is not intentional. However,?negligence?can be a significant factor in an accident. That is true of a car accident on the highway or a slip and fall accident in a grocery store. When that negligence results in an injury or loss of property, the victim of that accident is well within their rights to seek compensation for their losses. That remedy would be a personal injury lawsuit in New York.
The vast majority of accidents will involve filing a claim with an insurance company. Although you might begin that process after an accident, it can soon become overwhelming. That is when the services of an?experienced personal injury attorney?will be a big boost.
Your attorney becomes your representative in all matters related to the accident. The most important thing an attorney can do is to help facilitate a fast resolution that includes a?fair settlement. That settlement must provide compensation for any current and future medical bills that are part of the accident recovery.
The settlement also needs to provide for lost wages. Other intangible losses can be part of an accident's aftermath. Those losses also require compensation. Your personal injury attorney will bring all those matters into focus. It will help to understand just what a personal injury lawsuit is all about.
Start With the Claim
The recovery process from a car accident starts with the insurance claim. New York is?a no-fault state. That means each driver needs personal injury protection or PIP insurance. If you suffer injuries from an accident, that PIP will cover your medical bills. That is true even if the accident wasn't your fault.
However, only some insurance policies cover all those medical bills. When there is a gap and out-of-pocket expenses pile up, a personal injury lawsuit settlement can help cover those expenses.
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Even though you can start the initial claim process, your personal injury attorney will step in to complete the process. But, more importantly, they can help with options if there is a claim denial.
Maximum Medical Improvement Consideration
There needs to be a?maximum medical improvement?consideration for any accident claim. Maximum medical improvement, or MMI, occurs when you completely recover from your injuries. That would be a few days or weeks. That point is when you can resume your normal daily activities.
However, there are some injuries where the MMI requires ongoing medical treatment. In extreme cases, the MMI might not ever occur. That type of condition can result in continuous physical or occupational therapy.