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  • Writer's pictureLeitner Varughese Warywoda

Top Tips for Managing a Successful Personal Injury Case (PART II)

This continues Leitner Varughese Warywoda's multi-part series highlighting tip for success in dealing with personal injury lawsuits.

9. Follow Your Doctor's Orders

Following your doctor's orders is not only important for your health, but also for your case. Any gaps in treatment or failure to follow medical advice can be used against you by the other party's insurance company. It is vital to attend all medical appointments and comply with prescribed treatments.

Understanding the Serious Injury Threshold in New York for Car Accident Claims

In New York, the Serious Injury Threshold is a legal standard set to determine if an accident victim can file a lawsuit for non-economic damages, such as pain and suffering, in addition to any economic damages like medical bills and lost wages. This law requires that the injury must meet at least one of the following criteria: significant disfigurement, bone fracture, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system, or substantially full disability for 90 days during the 180 days immediately following the accident. If a victim's injuries don't meet this threshold, they may not be allowed to pursue a personal injury lawsuit for additional compensation. Always consult with your attorney to understand if your injury qualifies under this threshold.

10. Be Patient

Personal injury cases can often take months or even years to reach a resolution. It is important to be patient and trust in the legal process. Your lawyer will work diligently to ensure you receive the compensation you deserve, but it is important to understand that these cases take time.

Understand the New York Court System

New York courts often handle a high volume of cases, leading to a backlog that can significantly extend the length of time it takes to resolve a personal injury lawsuit. This is especially true in comparison to other states. However, it's essential not to let this factor deter you. A seasoned attorney like us at Leitner Varughese Warywoda can navigate this crowded landscape skillfully, ensuring that your case gets the attention it deserves.

While it's true that taking a case to trial can prolong the process further, it can also often lead to a larger compensation amount. As your legal representation, we are unafraid to go the distance, fully prepared to take your case to trial if it means maximizing your compensation. Our experience and track record demonstrate our commitment to relentlessly fight for our clients' rights, championing their cause in the pursuit of justice.

11. Stay Informed

Stay informed about your case by regularly communicating with your lawyer and staying updated on any developments. Ask questions if you are unsure about anything and make sure you understand all aspects of your case. This will help you make informed decisions and feel more in control of the process.

Understand The Role of Paralegals

While your attorneys are busy in courtrooms or depositions advocating for your rights, the role of paralegals in your case should not be overlooked. Paralegals are often the backbone of a legal team, keeping the case organized, managing the flow of information, and conducting vital research. They can also serve as a key point of contact, ensuring that you're kept up-to-date with the latest developments in your case. Thus, having a good relationship with your attorney's paralegal can significantly enhance your understanding of your case, ensuring that you remain engaged and informed, even when your attorney is unavailable.

12. Take Care of Yourself

Dealing with a personal injury case can be stressful and overwhelming, but it is important to take care of yourself both physically and mentally. Engage in activities that bring you joy and relaxation, and seek support from friends and family if needed. Your health and well-being should always be a top priority.

13. Keep Records of Expenses

Keep track of all expenses related to your injury, including medical bills, lost wages, and any other costs incurred as a result. These records will be important in determining the amount of compensation you are entitled to.

Leverage Apps to Track Expenses

In this digital age, keeping track of expenses has become easier than ever. Numerous mobile apps are available that can assist you with recording and categorizing expenses related to your injury. Apps such as Mint, Expensify, or PocketGuard can be used to document medical bills, capture receipts, log mileage for medical appointments, and record lost wages due to time off work. These apps not only help keep your records organized, but also provide a visual representation of your expenses, which can be instrumental in understanding the financial impact of your injury.

Seek Reimbursement for Medical Bills and Lost Earnings

At Leitner Varughese Warywoda, we understand the financial burden that comes with an injury. Our skilled legal team will thoroughly examine your expense records and work tirelessly to ensure you receive reimbursement for medical bills and fair compensation for lost earnings. Even in cases where insurance companies resist, we often succeed in securing reimbursement for you. With us by your side, you can focus on your recovery, knowing that we are dedicated to fighting for the rightful compensation you deserve.

14. Be Wary of Social Media

Be cautious about what you post on social media during your personal injury case. Insurance companies often monitor social media accounts and can use any information or photos against you to discredit your claim. It is best to avoid posting anything related to your case or injury until it is resolved.

The Impact of Social Media on Your Personal Injury Claim

Remember, social media platforms are public spaces, and anything you post can potentially be viewed and interpreted by others in ways you may not have intended.

This includes insurance adjusters and opposing counsel who are looking for discrepancies in your narrative or evidence that your injuries are not as severe as claimed. For example, pictures of you engaging in physical activities or traveling could be used to argue that you are not as adversely affected by your injuries as you claim. Even seemingly harmless check-ins or status updates could be misconstrued and used against you. Our advice is to limit your social media activity as much as possible during your case, and never discuss your case or injuries online.

Settlements Hall of Fame – Top New York Verdicts Award

American Academy of Trial Attorneys – Premier 100 Award

Medical Malpractice Top 25 Trial Lawyers Award

New York State Top 10 Attorneys Award

National Top 100 Trial Lawyers Award

Rue Ratings Best Attorneys in America

Best Attorneys of America Award

SuperLawyers Award

National Academy of Jurisprudence Premier 100 Trial Attorneys

Peritum American Attorneys Award

Top 100 Settlements in US Award

New York State Academy of Trial Lawyers Award

National Academy of Personal Injury Attorneys Award

14.Don’t Settle Too Quickly

Insurance companies may try to settle quickly in order to save themselves money. It is important not to settle too quickly without fully understanding the extent of your injuries and the potential long-term effects. Your lawyer will advise you on the best course of action and negotiate for a fair settlement.

Uncovering Hidden Information

Insurance companies employ a fleet of savvy lawyers who might employ tactics to obscure or withhold crucial information that could positively impact your case. These legal professionals are skilled in navigating the complexities of injury claims and may strategically try to hide or minimize evidence that could lead to a higher settlement for you. At Leitner Varughese Warywoda, our experienced legal team employs a comprehensive approach to counteract these maneuvers. Through diligent investigation and strategic filing of motions, we work tirelessly to uncover any such obscured or hidden information. This process may involve poring over stacks of documents, interpreting complex legal language, or even bringing in expert witnesses to testify. Our goal is to ensure all relevant information is brought to light, bolstering your case and ensuring you receive the compensation you deserve.

Understanding the personal injury litigation process in New York is crucial for managing a successful case. The process begins with filing a complaint, a legal document that outlines your allegations against the defendant. This is followed by the discovery phase, where both parties gather evidence to support their case. During this period, depositions may be taken, and documents such as medical records and accident reports are shared. If a settlement cannot be reached during the negotiation phase, the case proceeds to trial. At trial, both sides present their arguments and evidence before a judge or jury who will then make a decision. The trial could last several days or even weeks, depending on the complexity of the case. If the judgment is not in your favor, you can appeal to a higher court. Remember, every case is unique and may not follow this exact pattern. The legal team at Leitner Varughese Warywoda is experienced in navigating these complexities and will guide you every step of the way.

15. Be Prepared for a Trial

While many personal injury cases are settled outside of court, it is important to be prepared for a trial in case it becomes necessary. This includes having all necessary evidence and documents organized and ready to present in court. Your lawyer will help you prepare for a trial if needed.

Not All Firms Have Our Level of Trial Experience

While many personal injury cases are settled outside of court, it is important to be prepared for a trial in case it becomes necessary. This includes having all necessary evidence and documents organized and ready to present in court. Your lawyer will help you prepare for a trial if needed.


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