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What Types of Injuries Am I Entitled to Be Compensated For
Under New York State Law, when one is injured through the 'general liability' of another, they may be compensated for any injury sustained. While this sounds good on paper, issues such as cost/benefit analysis, insurance, and plain old practicality are significant issues considered when pursuing a 'general liability' personal injury case.
Depending upon the type of injury you have sustained, your physicians may ask you to see a number of doctors with diverse specialties. This is especially the case when considering "Soft Tissue" injuries.
"Soft tissue" injuries are the most common injuries sustained in accidents. "Soft tissue" injuries, while severely limiting, are, more often than not, undetectable by the human eye. "Soft tissue" injuries can resolve themselves; however, "soft tissue" injuries may require a steady course of medical treatment as well as physical therapy. Due to the nature of "soft tissue" injuries, you may be required to see a Neurologist (Nerve doctor), an Orthopedist (Bone doctor), Chiropractor (Back & Neck) or a Physical therapist.
During the course of your medical treatment, your doctors may refer you to other doctors for a number of tests such as X-rays, MRIs, CAT-SCANs, EMGs etc. Each time you are referred to a new doctor you should inform our office.
Who Pays My Medical Bills?
Unlike an automobile accident, where "NO-FAULT" insurance pays your medical expenses, lost wages and expenses, a general liability case creates significant issues when considering the above question.
Medical Expenses: In the 'general liability' setting, medical expenses are most commonly paid for through the injured party's personal health insurance. The health insurance provider, in turn, will have a lien on any settlement for the benefits paid. This lien will be considered as a part of the damages when ultimately negotiating the case.
An alternative to personal health insurance in a 'general liability' case may be that the defendant's insurance company may provide for 'medical payment' coverage. Generally, this coverage may provide medical benefits to any individual who is injured on the defendant's premises, by their employees, etc. The insurance policy will have a certain limit on the amount of medical bills it will pay for, i.e., $5,000. (This, of course, is independent of the liability coverage which our office will pursue for your pain and suffering). The coverage is very policy specific. Therefore, it is handled on a case by case basis.
If neither of the above coverages exist, our office will assist you in any way possible to arrange liens with treating physicians or secure other arrangements.
Who Reimburses Me for My Lost Earnings?
Lost Earnings: Generally speaking, in a 'general liability' case, Lost Wages/Earnings are not collectable 'up front'. These damages, while very significant to you as well as your attorney, are usually calculated as out of pocket damages and are negotiated at the end of the case. Of course, to consider Lost Earnings, proof of the same must be supplied in documentary form.
What Other Expenses Am I Entitled to Be Reimbursed For?
Other Expenses: Other expenses, similarly to Lost Wages, are generally a matter left for negotiation at the end of the case. These expenses/damages also must be proven through documentary evidence.
How Long Before My Case Will Settle and How Much Will it Settle For?
In the beginning, this question is next to impossible to answer as there are just too many factors to consider such as injury(ies), permanency of those injuries, liability (fault) and insurance coverage. Once your course of medical treatment has been completed and the diagnostic reports received by our office, then answers to these questions may be possible.
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