Grandelli & Eskenasi: Trusted Legal Experts With Proven Results

It is hard to imagine any circumstances where an accident injury victim can benefit by providing a statement to the insurance company without the advice of an attorney.

In our experience, it is best to seek a legal consultation before providing any statements. An insurance investigator can sometimes trick an unwary accident victim into making inaccurate statements which can be used against them in any potential litigation.

Insurance companies may attempt to have you sign an agreement and enter into a “quick settlement” which does not properly compensate you for your damages. It is obviously best to seek the advice of an experienced personal injury attorney to properly analyze the damages in your case so that you obtain the maximum compensation under the civil justice system.

There is limited time in the State of New York to file a personal injury lawsuit referred to as a statute of limitations. Generally, the time period for a negligence action is three years from the date of the accident, and the time period for a medical malpractice action is two and a half years from the date of the malpractice. However, the statute of limitations can be shorter if the potential defendant is the Federal Government, the State or City of New York, or one of their agencies. If the plaintiff is a minor or under a disability, it is possible that the statute of limitations will be tolled (extended). Since the statute of limitations applicable to your claim may depend upon the nature of your case we recommend that you contact us promptly so that we may advise you.

The value of a case depends upon many factors. In general, there are 3 “ingredients” to a good case, which are as follows:

a) Liability – establishing liability by proving negligence or the violation of a statute or safety standard/regulation;
b) Damages – demonstrating damages which can consist of one or more of the following: past and future pain and suffering, past and future lost wages, past and future medical expenses, past and future loss of fringe benefits such as pension, annuity, health insurance or social security, loss of services, as well as the need for household services; and
c) Source of collection – ability to recover based upon the resources of the defendant. In cases where the defendant maintains a large insurance policy or is a large corporation, the ability to recover is usually not an issue. However, if the available insurance is limited, or the company does not have assets, it may affect our ability to obtain full recourse for your damages.