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How Do Insurance Companies Calculate Pain And Suffering?

/ Car Accident /

NEW YORK –  Whenever a person has been injured in a car accident, they could get compensation for their injuries. Compensatory damages often include things like medical bills, lost wages and transportation costs, which are all easily calculated. However, many victims of vehicle accidents ask our personal injury lawyers, How Do Insurance Companies Calculate Pain And Suffering?

Pain and suffering is not as easily calculated as other quantifiable damages; there’s no mathematical formula to determine how much a motor vehicle accident victim should receive. So, how is it determined?

How Do Insurance Companies Calculate Pain And Suffering?

Generally, this figure is determined by previous jury verdicts or previous settlements. This is one of the reasons why experience is crucial when choosing a law firm to represent you after you’ve been injured in a car accident.

The bottom line is, insurance companies aren’t calculating pain and suffering for you. In fact, they’re not eager to give you any compensation. It’s usually up to your car accident attorney to determine a fair settlement figure. If the law firm and the insurance company can’t come to an agreement, it’s then up to a jury to decide how much your pain and suffering is worth.

What’s Fair?

When it comes to settling personal injury cases, there are many factors to take into consideration. Some of these factors include the cost of past medical expenses and lost earnings. Future medical expenses related to the motor vehicle accident and future loss of income should also be considered. Then, there’s pain and suffering, which can be determined by an experienced Brooklyn car accident lawyer.

Add all of these factors together, and that will help you determine a fair settlement amount.

Pain and suffering can be difficult to quantify, but the Brooklyn car accident attorneys at Cellino & Barnes have years of experience and a track record for getting clients the best results possible. If you’ve been injured in a car accident, call us for a FREE consultation.

We’ve heard a lot of questions, including “How Do Insurance Companies Calculate Pain And Suffering?” Our Brooklyn car accident lawyers aren’t afraid to get you answers. If you have any questions about your insurance company, vehicle accidents or injury law, do not hesitate to give us a call — we can help you find the answers you need.

Cellino & Barnes (800) 888-8888

When Should I Settle My Car Accident Claim?

/ Car Accident /

NEW YORK – Filing a claim against the insurance company is a complex process that takes time, effort and experience. If you don’t have all of the information you need to negotiate with their legal team, you could end up with a bad deal. Many of our clients know this – so, one of the questions our Rochester car accident lawyers hear the most is, When Should I Settle My Car Accident Claim?

When Should I Settle My Car Accident Claim?

Settling a car accident claim can take months or even years. To get the best result possible from an injury claim, you should not settle before you have all of the information you can possibly obtain. Some of the most important pieces of information include:

  • Will I need to have surgery?
  • What are my injuries?
  • What will these injuries cost to treat?
  • How will my injuries impact the rest of my life?

A car accident attorney at Cellino & Barnes says in many cases, it may also be advantageous to prepare your case for trial. Our Rochester car accident attorneys have found that this preparation often helps while negotiating a settlement:

  • It shows the insurance company that you know what you’re doing, and that you’re serious about getting a fair settlement.
  • In case it’s necessary to take your case to trial, your team will already be prepared to convince a jury as to why the insurance company’s settlement offers have been insufficient.

It’s often difficult to answer the question, “When Should I Settle My Car Accident Claim?” According to an accident lawyer, NY has some of the most complex car accident and insurance laws in the country. That’s why legal advocates will always suggest contacting a Rochester car accident attorney for a FREE consultation.

If you have any questions about vehicle accidents or injury claims, our Rochester car accident lawyers can help.

Call us for your FREE consultation.

Cellino & Barnes (800) 888-8888

 

What Happens After A Car Accident That Is Not Your Fault?

/ Car Accident /

NEW YORK – Many accident law firms get asked the same question every day: What Happens After A Car Accident That Is Not Your Fault? An accident attorney at Cellino & Barnes says it’s one of the most common questions people ask.

According to a car accident lawyer, Brooklyn is one of the most dangerous boroughs for accidents. With nearly 17,000 injuries and deaths each year, the Brooklyn personal injury attorneys at Cellino & Barnes have examined almost every type of accident, and they’ve heard all of the tough questions – and while every situation is unique, there are several common scenarios (and steps you should take if you’ve been hit by a negligent driver).

What Happens After A Car Accident That Is Not Your Fault?

There are several things that can happen after a car crash, but typically accident victims and witnesses should follow these steps:

  1. Call 911. If anyone is injured, they’re going to need immediate medical attention. It may also be important to get police on the scene to write an accident report.
  2. Gather information. With hit-and-run accidents on the rise in New York, getting a plate number can be an important step. Additionally, you’ll going to need to know the other drivers’ insurance information, a copy of their license and witness statements.
  3. Take pictures with your cell phone. These photographs can be useful evidence in many situations.
  4. Call an experienced accident lawyer. Even before contacting your insurance company, a number of accident law firms can help you determine the steps to take that are in your best interest.

REMEMBER: 

The accident was NOT your fault. Even if you think you may be responsible for a crash, do NOT admit fault. The other driver may have been impaired, distracted, or there may have been a mechanical problem with either of your vehicles.

Additionally, It may not be in your best interest to contact the other driver’s insurance company, especially in the days following a car accident. Some insurance companies have been known to record their calls, and ‘trap’ accident victims into saying “I’m fine” or “No, I didn’t go to the hospital yet,” and they’ll use these recordings against you to try to save them a few dollars.

Next Steps

After any accident, you may have a lot of questions like “What Happens After A Car Accident That Is Not Your Fault?” At Cellino & Barnes, we believe getting answers should be FREE. Take the advice of an experienced car accident lawyer: Brooklyn families should follow the steps above to make sure their rights are protected when they’re in an accident that’s not their fault.

If you have any questions about car accidents, insurance or the laws that protect you from negligent drivers, call our experienced Brooklyn personal injury attorneys for a FREE consultation any time – day or night.

Cellino & Barnes (800) 888-8888.

 

 

Who Pays For The Medical Bills In A Car Accident?

/ Car Accident /

NEW YORK – If you get hurt in a car accident, one of the first questions to cross your mind could be, Who Pays For The Medical Bills In A Car Accident? It’s a question our Brooklyn personal injury attorneys hear a lot. The answer depends on where the accident happened.

Who Pays For The Medical Bills In A Car Accident?

If your car accident happened in a “No Fault” state like New York, your auto insurance provider will cover a certain amount of your medical bills. If your injuries exceed this amount, or the accident happened in a Non “No Fault” state like California, your medical bills are your responsibility and may be covered (in-part) by your health insurance provider.

If you were injured by a negligent driver, you may be able to have the insurance companies cover most, or all of your medical bills, lost wages or pain and suffering.

Other Factors To Consider

So, you’ve used-up your “No Fault” coverage and are paying your medical bills with your health insurance while the insurance company and your lawyers hash-out a settlement. In this scenario, you may have to pay your health insurance company back.

If your health insurance, Medicaid or Medicare pay any of the medical bills related to your accident, they are legally entitled to get reimbursed once a settlement or verdict has been reached in your case. This is called a lien.

Our Brooklyn personal injury attorneys understand this is a lot of information to digest – with a lot of “what-if” situations. Whenever you’re working with insurance companies, things can get really complicated really fast. That’s why our legal advocates always suggest calling the Brooklyn personal injury attorneys at Cellino & Barnes. An experienced accident lawyer will go over your case with you in a FREE consultation, which can help you determine how to get the best result possible from an injury claim.

What To Do

If you’re in need of legal representation, or if you have any questions about personal injury law or our law firm, don’t hesitate to contact our experienced Brooklyn personal injury attorneys for FREE.

Cellino & Barnes (800) 888-8888

Can I Sue If I Was A Passenger In A Car Accident?

/ Car Accident /

NEW YORK – Each year, thousands of passengers are seriously injured in car crashes – and each of them have a long list of questions. One of the most common questions our Bronx car accident lawyers hear from passengers is, Can I Sue If I Was A Passenger In A Car Accident?

The short answer is YES.

Can I Sue If I Was A Passenger In A Car Accident?

If you were a passenger in a car crash, YOU CAN’T BE AT FAULT! At least one of the drivers will be liable for any injuries you’ve suffered. In almost every circumstance, passengers can file a personal injury claim and be entitled to the maximum recovery.

There are several factors that must be analyzed after any accident, and our Bronx car accident lawyers strongly suggest giving an experienced legal team a call immediately following your accident. Getting an experienced Bronx car accident lawyer ensures that you will get the best result possible from any injury claim filed on your behalf.

Insurance Complications

Insurance companies like to make things complicated – not only for drivers, but injured passengers too! Local laws further complicate matters, which is why we suggest giving our Bronx car accident attorneys a call; it’s not going to cost you anything to ask questions!

Here are some insurance items to consider:

  • Get Insurance Information for ALL Drivers Involved – as a passenger, this information is critical. In some cases, more than one driver can be responsible for your injuries.
  • No-Fault States – some states, like New York, require an injured passenger would need to file a Personal Injury Protection (PIP) or No-Fault claim.
  • Liability Disagreements – although many passenger injury claims may seem like open-and-shut cases, the insurance companies often squabble over liability, which can delay a passenger’s settlement. Liability determines who’s insurance company is responsible for ponying-up any injury costs.
  • Multiple Passenger Claims – When multiple passengers are injured by a negligent driver, ALL of their claims must be settled within the driver’s insurance coverage limit. This amount varies, but if the driver has a low-cost insurance policy, it may mean that every injured passenger has to split the amount of coverage. This gets complicated even further when there are disagreements about how that limit should be split.

A car accident can be a complicated mess, which is why we always suggest calling a Bronx car accident lawyer for FREE. They can file a claim on your behalf and keep you informed of the status of that claim while you focus on your recovery.

If you have any questions about car accidents, injuries, insurance, or the legal system, call a Bronx car accident attorney at Cellino & Barnes for a FREE case evaluation.

Cellino & Barnes (800) 888-8888

How Long Does It Take To Get A Settlement?

/ Car Accident /

ROCHESTER, N.Y. – There are countless questions accident victims have on their minds when they’re injured, but as the medical bills and lost time at work keep adding up, there’s one question everyone wants our Rochester car accident attorneys to answer: How Long Does It Take To Get A Settlement?

Like most questions our Rochester car accident lawyers hear, this can be tough to answer – especially if your case is in the early stages.

How Long Does It Take To Get A Settlement?

It’s nearly impossible to determine a time-frame for a personal injury settlement. Some cases settle in just a few months while other cases can take years, and even go trial. Although many injured accident victims are eager to close their case as quickly as possible, the Rochester car accident lawyers at Cellino & Barnes have discovered that spending a little extra time on a case can make a huge difference.

Factors

Every case is unique, and the time it takes to get a settlement widely varies; but there are certain factors that typically need more time to properly address:

  • Insurance Companies. Some insurers are just hard to work with. They’re all required by law to meet certain deadlines, but some insurance companies take their time to respond.
  • Type of Injurie(s). In the early stages, doctors can’t tell how long it’s going to take for an injury to heal – and that’s important information! Other injuries may require years of expensive treatments, and more visits to the doctor’s office. Our Rochester car accident lawyers will use
  • all of this information to help you get the best result possible from your claim.
  • Civil Claims Process. Even if it’s a fair value, insurance companies often don’t accept the first settlement offer. This forces the injured party and their legal counsel to file a lawsuit, which involves a discovery period. While lawsuits sometimes end up in front of a jury, our Rochester car accident lawyers are always negotiating with the insurance company out-of-court during this time.

Generally, cases involving serious injuries take the most time to reach a settlement. Months or years may sound like a big timeframe, but our Rochester car accident lawyers urge their clients to consider the benefits of not settling too quickly:

  1. Taking Time Improves The Case Value. This often means more compensation for the accident victim(s) and/or their family.
  2. More Information. When it comes to personal injury cases, information is king. A quick settlement may sound nice, but it can often leave you in a bad position months or years down the road when your injury still hasn’t healed, and the medical bills keep coming in the mail.
  3. Promote Change. In some very unique cases, an accident can highlight major flaws in our government, legal system, safety standards, and in our society. Settling these cases too quickly is like sweeping the dust under the rug – the problem is still there, and it’s bound to hurt someone else in the future.

If you have any questions about filing a personal injury claim, call our Rochester car accident lawyers for a FREE consultation. We’d be happy to take a look at your unique situation anytime – our Rochester car accident lawyers are available to help 24/7 to help accident victims get answers to their questions, and the best result possible from an injury claim.

Cellino & Barnes (800) 888-8888

What Can You Claim After A Car Accident?

/ Car Accident /

BUFFALO, N.Y. – Insurance is overly complicated, and that gives the big insurance companies and advantage when you’ve been in a car accident. Luckily, you don’t have the go up against the insurance monsters alone. At Cellino & Barnes, our Buffalo car accident lawyers have helped thousands of people get the best result possible from their accident claims – but before they received their settlements, many of our clients had questions, including “What Can You Claim After A Car Accident?”

What Can You Claim After A Car Accident?

If you’ve been injured in a car accident, you can receive compensation for compensatory damages and general damages.

Compensatory Damages include:

  • Medical Bills
  • Lost Wages
  • Loss of Earning Capacity
  • Property Loss (car/property damages)
  • Other Related Expenses

General Damages include:

  • Pain and Suffering
  • Loss of Consortium (strain on relationships)
  • Emotional Damages
  • Loss of Mobility
  • Other Bodily Damages That Are Not Quantifiable

If the other driver was overtly careless (a DWI, for example), an injured car accident victim may also be able to get Punitive Damages, which are meant to punish the person responsible for your injuries.

One of the most important things an injured car accident victim can do is to document everything, and get the appropriate treatments for the injuries. Under compensatory damages, medical bills can include:

  • Ambulance Charges
  • Doctor’s Visits
  • Therapy
  • Associated Prescriptions
  • In-Home Services
  • And More

There are a number of ways you can receive compensation after a car accident, but there are deadlines that must be met and procedures that must be followed. With an experienced New York car accident lawyer on your side, you’re making sure you’re going to get the best result possible from your claim.

Insurance companies know that when an accident victim contacts Cellino & Barnes, the value of that case rises four-times on average.

If you have any questions like “What Can You Claim After A Car Accident?” Do not hesitate to call an experienced New York car accident lawyer at Cellino & Barnes for a FREE consultation.

Cellino & Barnes (800) 888-8888

What Should I Settle For In A Car Accident?

/ Car Accident, Personal Injury /

NEW YORK – You are a good person, trapped in a bad situation. As New York personal injury lawyers, we see this scenario all the time; and one of the most common questions we hear is: What Should I Settle For In A Car Accident?

Unfortunately, that bad situation can quickly get out of hand without the right help on your side.

The insurance industry has made the claims process so convoluted that it’s nearly impossible for the average person to understand. In some cases, they’ve even used ethically questionable techniques to gain an upper-hand on accident victims, who are just trying to get what’s fair.

What Should I Settle For In A Car Accident?

Even before you start negotiating a settlement, gather all the information you can get about your accident. Where did it occur? Who’s at fault? Do you have an accident report? Did you get medical attention? Answering these questions and others will help you get the best result possible. It will also help you calculate a reasonable amount of compensation owed to you.

So, how do you settle a claim without getting screwed by the insurance company? Here are some tips anyone who’s been involved in an accident can follow:

  • Get Immediate Medical Attention. NO IFS ANDS OR BUTS ABOUT IT. Not seeking medical treatments and failing to follow-up with your doctor tells the insurance adjuster that you’re not really injured. If you really were hurt in an accident (even if it’s minor), see a doctor right away and document everything.
  • Get Your Information Together. Take pictures of the crash scene. Get statements from witnesses and other the driver(s) involved. WRITE IT DOWN. Grab a copy of the accident report, too!
  • NEVER EVER Speak To An Adjuster. Why is the at-fault party’s insurance company calling you? They’re checking-up on you, and writing things like this: “Well, they didn’t seem injured when I talked to them,” or “They told me they didn’t get medical attention, so the injury must be minor.” They have the whole conversation recorded.
  • Get Legal Representation. Although anyone can file a claim, insurance is so complicated now that you might need a law degree to understand it. Your first call after an accident should be for medical attention. Your second call should have you dialing a phone number of an experienced, local legal team.

At Cellino & Barnes, a New York personal injury lawyer will walk you through your case from day one, and help you achieve the best result possible. Our team approach has been successful in all 50 states, and we’ve helped our clients obtain over $2 Billion in settlements and verdicts.

If you have any questions about the claims process, or if you want file an accident claim, call us! The call is FREE – and our experienced New York personal injury attorneys are happy to help.

Cellino & Barnes (800) 888-8888

What To Do If You’re Hit By A Tractor Trailer

/ Motor Vehicle Crashes, Truck Accident, Uncategorized /

BUFFALO, N.Y. – Big truck accidents are on the rise. Since 2009, deadly truck crashes have increased nearly 30-percent, and thousands of innocent drivers and passengers are injured or killed by these large trucks each year.

No one ever wants to think about what to do if you’re hit by a tractor trailer, but many heartbroken families have asked us this question after a loved one was hurt, often seriously, in a truck crash.

If you or a family member has been in an accident with an 18-wheeler, the New York truck accident lawyers at Cellino & Barnes recommend taking the following four actions:

What To Do If You’re Hit By A Tractor Trailer

  1. Get Medical Attention. In any type of crash, your health and well-being are paramount. If anyone else was injured, get them medical attention as soon as possible. Studies have found that immediate medical attention can save lives and reduce the long-term severity of an injury.
  2. Take Pictures & Find Witnesses. If you did not require medical attention, immediately start taking pictures and getting information from witnesses and other drivers/passengers involved in the wreck. If you’re physically unable to gather this information, call a family member or friend to do this for you. It will also be helpful to take photos of your original injuries.
  3. Gather Information. Aside from obtaining the other drivers’ insurance information and a police report from the responding law enforcement agency, there are several other questions you’ll want answered after a truck accident that could be useful later on:
    1. What company does the truck driver work for?
    2. What cargo was the truck carrying (if any)?
    3. Where was the truck going?
    4. How many hours has the truck driver been on the road today? How many total hours this week?
  4. Call A Truck Accident Attorney. Even before calling your insurance company, contact an experienced New York truck accident lawyer at Cellino & Barnes. The insurance companies may try to settle with you, even before a claim is filed – and it’s usually much less than what your claim will be worth. Our legal team is in your corner, and we’ll make sure you get the best result possible from an injury claim.

Insurance companies know that they can save money by offering you less compensation. They also know that when a victim is represented by an experienced truck accident lawyer, the value of the case goes up, 4x on average.

Getting into a truck accident is stressful enough – don’t let the insurance companies add to your stress. Call an experienced New York truck accident attorney at Cellino & Barnes, and let us fight the insurance company for you.

Cellino & Barnes (800) 888-8888

 

How Likely Are You To Have A Car Accident? (Study)

/ Car Accident /

NEW YORK – How likely are you to have a car accident? It’s a tough to answer, but if your name is “Sarah” or “David,” you may be more likely than others. Are you in your early 30s? If you answered ‘yes,’ be careful – because you may be more likely to get into a car accident, according to a new British study of common trends.

Researchers analyzed 25,000 incident reports to find out what makes a driver more or less likely to be involved in an accident. Among its findings, those who drive Ford cars were most accident-prone, accounting for 16% of all crashes.

Drivers who are 30-years-old were most likely to cause an accident, and those who are 32-years-old were most commonly on the receiving end of an accident.

New York car accident lawyers at Cellino & Barnes say most people will unfortunately experience a car accident at some point in their lives, no matter how safe or cautious of a driver they are. Although this study’s method is unproven (there could simply just be more Sarahs and Davids out there), a New York car accident lawyer says it shows there’s still progress to be made and every driver should be cautious, defensive and safe when they’re behind the wheel.

How Likely Are You To Have A Car Accident?

The Top Five Women Most Likely To Be In An Accident:

  1. Sarah
  2. Emma
  3. Susan
  4. Rebecca
  5. Lisa

The Top Five Men Most Likely To Be In An Accident:

  1. David
  2. John
  3. Paul
  4. Michael
  5. James

The Top Five Cars Most Likely To Cause An Accident:

  1. Ford – Fiesta
  2. Mercedes Benz – Sprinter
  3. Ford – Focus
  4. Ford – KA
  5. Vauxhall – Corsa

The Top Five Cars Most Likely To Be Struck In An Accident:

  1. Ford – Fiesta
  2. Ford – Focus
  3. Audi – A3
  4. Mercedes Benz – Sprinter
  5. Volkswagen – Golf

Note: this research was conducted in Britain, and may not be an accurate reflection of America’s roads. But it’s still interesting information (especially if your name or your vehicle made the list!)

Whether your name or vehicle is on the list or not, a New York car accident lawyer suggests contacting an experienced attorney at Cellino & Barnes if you’ve been hurt in any type of accident. Our attorneys can help you navigate through the complex claims process and stand-up against the big insurance company to make sure you’re getting the best result possible. Call us for a FREE consultation.

Cellino & Barnes

(800) 888-8888

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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