Legal Question in Personal Injury in New York

Re: Personal Injury Claim

Hi--

As a general matter, it may be easier for you to settle the case directly with the insurance company. Send a letter to the store asking them to let its insurance company know about the accident (hopefully you filled out an accident report at the store---it will make your claim easier to prove). It will speed up things. You can sue in small claims, but it is not a great idea becasue of the defendant asks for a judge trial, you will be required to prove things just as an attorney would,,following the appropriate rules of evidence, which most people have no idea of. Good Luck.

Re: Personal Injury Claim

I think you will have a better result if you had an attorney handle your claim.

Daniel Clement

Re: Personal Injury Claim

It's clear to me that you will NOT get what you are entitled to WITHOUT competent legal representation. As a New York City Small Claims Court Arbitrator, I hear many cases each week, and I can tell you that claims for emotional suffering are rarely, if ever, compensated. But you are putting the cart before the horse -- there is no need to discuss courts and emotional distress claims because the first thing to be done is to put your claim in writing in a well-written and comprehensive demand letter to the insurance company. Of course, without an attorney, the insurance company will try to take advantage of that fact by either denying the claim or offering you peanuts. Feel free to contact me if you decide that hiring an attorney is the wise thing to do. 212-208-2470.