FAQs
Who pays my medical bills and lost wages?
Can I recover money damages for pain and suffering?
How long will my case take?
How much should I settle for? Will my case go to trial?
How much of my time is involved in pursuing my claim?
Q. Who pays my medical bills and lost wages?
A. The answer to this question depends on the type of accident that caused your injuries and which insurance policies may be available to pay your expenses. There are many different types of insurance policies that may provide benefits in the event of an accident. For example, no-fault insurance covers medical expenses and pays a lost wage benefit if someone is injured as a result of a motor vehicle accident. Workers' compensation insurance is available if someone is injured during the course of their employment. New York State disability insurance provides a lost wage benefit under certain circumstances. There are other types of disablity policies which may also cover an injured person. Depending on the nature and extent of your injuries, you may qualify for Social Security Disability benefits. Some liability policies provide coverage to pay for medical expenses. There are also other benefit plans such as prviate health insurance, Medicare and Medicaid which may provide coverage under certain circumstances.
Each case must be carefully evaluated to determine which benefits are available to an injured person. Once you retain Martin, Harding & Mazzotti LLP, we will assist you in determining which insurance policies are available to pay your medical bills and lost wages, and we will help you apply for those benefits.
Q. Can I recover money damages for pain and suffering?
A. The law in the State New York permits you to make a claim for money damages for conscious pain and suffering. However, there may be many elements that you need to prove in order to establish that you are entitled to compensation. For example, in a motor vehicle accident case, you need to prove that you suffered an injury that is "serious" as defined by the New York State Insurance Law. This is why it is important to hire an attorney to pursue the case on your behalf.
Q. How long will my case take?
A. A number of factors determine how long a case takes. Before your case can be resolved, we must know the full extent of your damages. This cannot be determined until you have completed your medical treatment and reached maximum medical improvement. We need to know from your doctors how much and how long the injuries will affect you. Only then can we evaluate your case and try to resolve it. If the case cannot be settled, then the case will be presented to a jury to determine who is at fault for the accident and the amount of your monetary damages.
Q. How much should I settle for? Will my case go to trial?
A. We will advise you whether we believe a settlement offer is fair or if we recommend proceeding to trial. There are many factors to consider when deciding whether to accept a settlement offer including the amount of the offer, the likelihood of obtaining a lower or higher award at trial, the expenses that will be incurred if the case goes to trial, and any reductions that may be made by the Court to the jury verdict. Only after all of these factors are considered can you determine whether to accept a settlement offer. Whether you settle your case is your call. Only you, the client, can approve and accept a settlement.
Q. How much of my time is involved in pursuing my claim?
A. Once you retain Martin, Harding & Mazzzotti LLP, we will pursue the claim for you. However, you will still be involved your case. We will be in frequent contact with you to discuss your medical care and treatment. Your presence may be required for meetings, medical examinations, hearings and court appearances. Of course, we will guide you through each part of the process, and keep you advised of the progress of your case.
Disclaimer: Prior Results Cannot and Do Not Guarantee or Predict a Similar Outcome With Respect to Any Future Matter, Including Yours, In Which a Lawyer or Law Firm May Be Retained. In The Absence of a Recovery No Fee Will Be Charged and You Are Not Responsible to Repay Martin, Harding & Mazzotti, LLP for the Expenses and Disbursements Incurred. Contingent Fee Rate is Computed After Deduction of Costs, Disbursements and Other Expenses of Litigation.
