- January 3, 2025
- Tucker Law
- Personal Injury Lawsuits
As a rule, if you are injured due to another party’s intentional actions or negligence, you have the right to seek compensation for the losses and expenses incurred from that injury. That is the underlying guideline of the civil justice system in the U.S. However, every state applies different restrictions to that right. If you want to file a lawsuit or make an insurance claim against another party in NYC, you need to follow all applicable state and local laws during the process. Taking advantage of these processes is easier if you understand your rights after suffering a personal injury in NYC.
The Right to Seek Compensation
Whether you were injured in a car accident on the highway or a construction accident at work, you may have the right to seek compensation from another party. Whether you will succeed in getting compensation depends on what caused your injury. If you can prove the other party acted intentionally or negligently, you are likely to be compensated for your injuries. However, if you were partially responsible for your injuries, due to New York’s comparative negligence standard, the amount of compensation you will receive will be reduced by an amount equal to how much you are responsible for those injuries.
The Right to Counsel of Your Choice
One of the most important rights that you enjoy when you are seeking compensation for a personal injury is the right to be represented by a lawyer of your choosing. Personal injury matters can be complicated and confusing. It is to your benefit to carefully research the qualifications of potential attorneys and confer with one who has experience and good results in the particular kind of injury for which you seek compensation. A lawyer who specializes in car accident cases may not be the best fit for a medical malpractice case.
You may not plan at the outset to file a lawsuit, but be aware that you can also be represented by a lawyer throughout the insurance claims process. Many of our clients hire us to help them navigate the complicated claims process and end up getting the compensation they need without ever stepping foot in a courtroom.
Even if you don’t intend to sue the responsible party, you can be represented by a lawyer throughout the insurance claims process.
The Right to Fair Treatment
Typically, the insurance company that you will be dealing with after a personal injury is the insurance company representing the responsible party. This insurance company doesn’t have an obligation to look out for your best interests. Despite that, it is still required to handle claims in good faith and fair dealing.
Despite this requirement, insurers don’t always give fair treatment to claimants. The main goal of every insurer is to make money, and these companies make more money when they deny or undervalue claims. Insurers know that you aren’t familiar with the law or the costs involved with treating serious injuries, so they will often deny a claim or try to get you to accept a lowball offer to settle your claim.
Were you seriously injured due to the actions of another party in NYC? The attorneys at Tucker Lawyers will help you fight to get as much compensation as possible for that injury. Contact our law firm at (516) 399-2364 today to schedule a free consultation with a lawyer who cares.
The Right to Refuse a Lowball Offer
Just because an insurance company makes a lowball offer, this doesn’t mean you are required to accept it. You can refuse any offer an insurance company makes, even if it claims that it is the best offer possible or all the law allows. However, while you have the right to refuse a settlement offer, that doesn’t mean the insurer will make a better offer.
Typically, if you want to enforce this right, the best way to do that is by contacting Tucker Lawyers as soon as possible. Our legal team has decades of experience fighting insurance companies and negotiating fair offers. We know how to accurately determine the value of a claim and gather the evidence that is needed to force an insurance company to acknowledge that value. Without experienced representation from our law firm, the insurance company is likely to refuse to budge after making an unreasonably low settlement offer.
Limitations on Specific Rights in NYC Personal Injury Claims
Filing an insurance claim or a lawsuit can be limited by New York law. For example, if you are injured in a car accident in NYC, typically, you can only file an insurance claim against your personal injury protection (PIP) policy. However, this limitation also comes with an exception. If you suffer a serious injury, you are allowed to file a lawsuit against the responsible party. A serious injury is defined as one that involves:
- Any bone fractures
- Dismemberment of any limb
- The loss of a fetus
- Permanent or long-term significant disfigurement
- Permanent loss of any body function or organ
- A temporary injury that prevents you from doing normal activities at least half the time during the six months following the accident.
Your loved ones may also be eligible to file a wrongful death lawsuit against the responsible party if you die from injuries suffered during a car accident.
State laws also place limits on claims filed against state or local governments or their employees. In this situation, you only have 90 days to file a claim against the entity, and if it refuses to settle, you need to file a lawsuit within one year and 90 days of the accident.
Contact Tucker Lawyers to Better Understand Your Rights After a Personal Injury
When you don’t fully understand your rights, those who understand them better can take advantage of you. At our law firm, we protect our clients from any entity that might treat them unfairly.
If you were injured in any type of accident in NYC, contact Tucker Lawyers at (516) 399-2364 immediately to schedule a free consultation.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]