Being involved in a car accident is already stressful enough, but dealing with insurance companies can make it even more challenging. Many accident victims in New York hope for a fair and timely settlement, but sometimes negotiations break down. When this happens, knowing your legal options and working with an experienced personal injury law firm like Proner & Proner can make all the difference.
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Having trouble reaching a fair deal with the insurance company?
If negotiations with the insurance company don’t lead to a fair settlement, don’t panic—there are still options:
- Try a Second Round of Negotiations: Sometimes, additional documentation, stronger arguments, or legal pressure can push the insurance company to make a better offer.
- Prepare to File a Lawsuit: If the insurance company won’t budge, filing a lawsuit might be necessary. A skilled attorney can guide you through the legal process and protect your best interests. At Proner & Proner, we have extensive experience—more than 60 years—handling these cases. Let us fight for you!
- Keep Gathering Evidence: Additional medical records, witness statements, and expert testimonies can strengthen your case and improve your chances of winning in court.
- Be Patient and Let Your Lawyer Take the Lead: Litigation can take time, but with a strong legal team —like us— you’ll be in the best position to secure the compensation you deserve. We always look for the best deal in the shortest possible time. Let’s talk!
The Importance of Having a Good Law Firm on Your Side
Insurance companies are businesses that prioritize their bottom line, which means they often try to minimize claim payouts. Without strong legal representation, accident victims may feel pressured into accepting lowball offers that don’t fully cover their medical expenses, lost wages, or pain and suffering.
A law firm with decades of experience, like Proner & Proner, understands the tactics insurance companies use and can advocate for fair compensation. Our dedicated personal injury attorneys protect your rights, gather evidence, negotiate aggressively, and, if necessary, take your case to court to fight for what you deserve.
Read In Spanish: Ya di mi testimonio en un accidente de carro en Nueva York, ¿ahora qué?
What You Need to Know Before Talking to the Insurance Company
One of the biggest mistakes accident victims make is speaking to the insurance company without legal guidance. Here’s what you should keep in mind before engaging with them:
- Don’t Admit Fault: Even if you think you may have contributed to the accident, never say so. The insurance company may use your words to reduce or deny your claim.
- Be Careful with Recorded Statements: Insurance adjusters may ask for a recorded statement. Politely decline until you consult with an attorney. Anything you say could be used to weaken your case.
- Document Everything: Keep records of medical bills, repair estimates, lost wages, and all communication with the insurance company. The more evidence you have, the stronger your claim will be.
- Know the Value of Your Claim: Insurance companies often undervalue claims. A personal injury attorney can assess your damages accurately and prevent you from accepting an unfair settlement.
How to Avoid Going to Court with a Strong Negotiation Strategy
Many accident victims worry about a long court battle, but most personal injury claims are settled before trial. Working with an experienced legal team like Proner & Proner increases your chances of reaching a fair settlement. Here’s how:
- Demand Letters and Negotiations: A well-crafted demand letter outlining your damages and the legal basis for your claim sets the stage for negotiations. The attorneys at Proner & Proner are skilled at drafting persuasive letters that push insurance companies to settle. See an example.
- Mediation and Arbitration: If negotiations stall, alternative dispute resolution methods like mediation and arbitration can be effective. These processes are less adversarial than court and can lead to a fair agreement without the stress of a trial.
- Using Expert Witnesses: Bringing in medical professionals, accident reconstruction specialists, and financial experts can strengthen your case and make it tougher for insurance companies to dispute your claim. At Proner & Proner, we have extensive experience using these strategies to help our clients get the compensation they deserve.
The amount of time you’re getting treatment, the quality and quantity of visits to doctors, the type of treatment that you get, whether it’s injections, whether you need a surgery, whether you, in fact, have that surgery, diagnostic testing, X-ray, MRIs that come back positive, all these factors will increase the value of your claim.
What to Do If You Have to Go to Court in New York
If the insurance company refuses to offer a fair settlement, taking legal action may be the best option. Here’s what to expect if your case goes to court:
- Filing a Lawsuit: Your attorney will file a personal injury lawsuit against the at-fault party. In New York, you typically have three years from the accident date to file a claim. However, we usually file suit much sooner than that. This demonstrates to insurance companies that we are serious about securing a fair settlement and won’t hesitate to take the case to court if necessary.
- Discovery and Depositions Phase: Both sides exchange evidence, including medical records, police reports, and witness statements. Depositions may also be taken during this phase.
- Pre-Trial Motions and Settlement Talks: Even after a lawsuit is filed, there are still opportunities to settle before trial. Sometimes, insurance companies make better offers once they see the strength of your case.
- Trial: If no settlement is reached, the case goes to trial, where a judge or jury will determine liability and the amount of compensation you should receive.
- Appeals: If either side is unhappy with the trial outcome, they may file an appeal, which could extend the legal process.
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How Proner & Proner Can Help You Win Your Case
At Proner & Proner, we understand how overwhelming it can be to deal with insurance companies while recovering from a car accident. That’s why our team of experienced personal injury attorneys is dedicated to fighting for the compensation you deserve.
When you work with us, you get:
- Personalized Legal Strategy: Every case is unique, and we tailor our approach to fit your specific needs and circumstances.
- Aggressive Negotiation: We know the tactics insurance companies use, and we negotiate aggressively to secure the highest possible settlement for you.
- Extensive Litigation Experience: If a fair settlement isn’t possible, we are fully prepared to take your case to trial and present a strong argument in court. Mitchell Proner, our lead attorney, has been elected President of the New York State Academy of Trial Lawyers and has over 35 years of experience advocating for clients and confronting insurance companies before juries. Your case couldn’t be in better hands.
- No Fees Unless We Win: You don’t pay us anything unless we recover compensation for you. Our contingency fee structure ensures that you get top-tier legal representation without upfront costs.
- Compassionate Support: We don’t just handle your case—we support you throughout the entire process, ensuring you have the guidance and peace of mind you need.
- We Speak Your Language: Our team is fluent in English, Spanish, and Italian, so you can feel comfortable discussing your case in the language you prefer.
If you or a loved one has been injured in an accident in Manhattan, Brooklyn, the Bronx, Long Island, or anywhere else in New York, don’t wait to take action. Contact Proner & Proner today for a free consultation, and let us fight for the justice and compensation you deserve.
We return our clients’ phone calls. We are available 24/7, 365 days a year. I give out my personal cell phone number to all my clients, and I tell them they can feel free to contact me at any time. That’s what makes us different.
