While a person may file a personal injury claim for many different reasons,
there are generally two categories for pursuing compensation: fault and
no-fault. The process for these two methods differ and the type of accident
will typically determine the type of claim. New York is one of 12 no-fault
states in the U.S., however, this method only applies to automobile accident
claims. No-fault insurance refers to the fact that if you are involved
in a car crash, you may seek payment from your own insurance company,
regardless of who was “at fault” for an accident. Other injuries,
such as from a slip and fall or a defective product, focus on determining
fault and proving negligence. Below our blog outlines the process in a
typical bodily injury claim.
Steps in a bodily injury claim include:
Initial investigations: When you file your claim, an insurance adjuster will begin to investigate
the circumstances surrounding your accident. Depending on your type of
accident, this can mean taking photographs of the scene, talking to witnesses,
and discussing the case with the potentially liable party. The adjuster
will be looking to see if the negligent actions of the accused did or
did not lead to your injury. Any evidence you gather during this time
can also help support your claim.
Settlement offers: After an adjuster has reviewed the evidence and all applicable policies,
the insurance company representing the accused will offer you a settlement
for your claim. It is important to understand that insurance is a business
which may have profit in mind and initial offers can leave room for negotiation.
You do not have to accept an initial settlement if you believe that it
is less than what you deserve.
Acceptance or denial of a claim: If the negotiation process leads to an acceptable claim, both parties will
agree on the terms of a settlement. However, when an insurance company
fails to pay a fair amount or attempts to deny your claim, it may be time
to head to court. Adjusters are professional negotiators and having an
experienced personal injury attorney in your corner can help to protect
When an injury occurs may also affect the eligibility of a claim. While
you may be able to file a claim for past injuries, there is a strict time
limit known as the statute of limitations. In New York, victims have only
three years from the date an injury occurred to take legal action. Missing
this deadline can result in the forfeiture of your right to compensation
and if you think you have a claim, it is important to act quickly.
Have You Been Injured? Call (585) 286-5124
If you have been injured in an accident, knowing the personal injury claims
process and what to expect can be critical to the success of your case.
Dealing with the stress of an injury missed work, and medical bills can
difficult enough without also having to worry about the legal process.
At the Law Office of Robert King, clients always come first and the firm
can work to see that you understand exactly what is going on in your case.
Rochester personal injury attorney Robert King has nearly a decade of
legal experience and has helped numerous clients to seek the restitution
that they deserve.
Schedule a FREE consultation with the firm today and talk to an attorney about your case.