Legal Question in Personal Injury in New York
pedestrian hit by van
my medical bills were not paid in full and on-going costs for massage, acupuncture have been paid by me. How do I determine ''pain and suffering'' everything from fear of crossing road to inability to return to certain activities. I want to settle w/o getting a lawyer and need some guidelines. The insurance co of vehicle owner asked me ''what I want'' and I need to settle in a few months as the three year limit is approaching. I worry about the cost of therapies going forward.
3 Answers from Attorneys
Re: pedestrian hit by van
Very bad idea. You will likely end up with MUCH less if you don't hire an attorney. You are up against the insurance company's lawyers who know how to look out for their own interests. Get a lawyer NOW before the statute runs.
Re: pedestrian hit by van
No-fault benefits are separate from a pain and suffering claim, and may continue after the P&S claim is settled, provided treating doctors establish a causal link between their treatment and the original injuries. Evaluating a pain and suffering claim takes many factors into account. You should really consider, at minimum, consulting with a lawyer to discuss your particulars. Good luck. Best, M. E. Zuller
Re: pedestrian hit by van
a lawyer would be more able to assess these damages, and to also push the company to pass over more money... i can guarantee you that you have the lower hand here and are being put in a position where youre losing money... just the fact that youre being ased to asses your expenses, it would seem as if it is already happening by your mentioning the statute of limitations, which only means you have to START/ FILE a case by this date, as opposed to finishing the case which could much more time...
i would suggest you contact an attorney and have them assist you - you will end up getting more money in the end run that way.
good luck!