Filing a Personal Injury Protection or No Fault claim after an auto accident

Personal Injury Protection (“PIP”) coverage is mandatory in New York for every auto insurance policy. PIP is also known as no-fault insurance claim and can be filed regardless of whether or not you were responsible.

People sometimes hesitate to file No Fault claims for fear that their insurance company will raise their rates or terminate their policy. This is not the case at all. It is illegal for insurance companies to raise rates or terminate coverage based on a claim. Furthermore, the at-fault driver’s insurance company usually reimburses your insurance company for any medical bills paid under your PIP coverage.

What does No Fault pay for?

This type of insurance covers a variety of expenses for you if you are injured in a car accident. It will also cover any passengers in your vehicle who have sustained injuries.

  • Hospital bills
  • Medical bills
  • Physical therapy
  • Chiropractic care
  • Co-pays
  • Out-of-pocket prescription costs
  • Lost wages

If you have been hurt and your No Fault claims are denied, a personal injury attorney can help you understand all of your options. If you’ve recently been involved in an automobile accident, you should discuss your case with an experienced car accident attorney in New York. Doing so could ensure a more favorable outcome.

Concussion lawsuits getting in the game

If you’ve been following football recently, you know that concussions have become a big story this year. With more than 2,400 retired players joining in a lawsuit against the National Football League for allegedly hiding the knowledge that repeated concussions could lead to short and long-term brain damage, they represent one of the most significant personal injury class action lawsuits in recent history.

While you might never have suited-up for the Giants, Jets or other NFL franchise, you too have the right to protect yourself and your family if you’ve received a concussion due to someone else’s negligence.

Whether it’s by a car accident, slip and fall or other means, proving negligence or carelessness on another’s behalf could entitle you to compensatory damages. Future medical bills, lost wages, damages due to pain and suffering could all be covered.

Potential concussion symptoms such as headaches, seizures, nausea, vomiting, blurred vision, loss of short-term memory and confusion can be long-term and result in monumental financial and physical burdens.

If you’ve recently been diagnosed or expect you might have suffered from a concussion due to an accident through no fault of your own, you should discuss your case with an experienced New York personal injury attorney. Doing so could ensure a more favorable outcome.

Follow through in personal injury cases

Generally, in New York, the statute of limitations to file a personal injury lawsuit expires after three years. However, it is general consensus that filing earlier produces better results.  In some cases, the statute of limitations will even expire after just one year making it important to contact an attorney quickly after an injury. Filing early also gives you the opportunity to:

  • Speak to possible witnesses
  • Note conversations related to the incident
  • Gather more physical evidence to support your case

While filing early does help your lawyer prepare your case, it’s important to realize that much of the responsibility still lies with you. Following through with court orders and suggestions from your lawyer can be just as crucial to your success.

Take this case for instance…

On August 3, 2012, a judge threw out the case of a woman who sustained allegedly “serious injuries” in a 2009 taxi cab accident, after which she sued both the driver of the other car and her cab driver for her injuries.

After failing to appear at any of the three court-ordered independent medical evaluations and failing to notify the courts of her plans, the plaintiff underwent elective spinal surgery, which the judge concluded effectively destroyed evidence of any pre-existing conditions as a result of the accident.

Due to her own lack of follow through, and her decision to undergo surgery, the plaintiff missed out on the opportunity to receive compensation for everything from medical bills and lost wages to pain and suffering, disability and even future losses as a result of the accident.

When filing a personal injury lawsuit, it’s always important to follow court orders and the advice of your attorney. It can often make a difference in determining the outcome of your case or settlement. Hiring a personal injury attorney in New York with a proven track record can assure more favorable result in your case.

Pharmaceutical liability case may go to Supreme Court

Pharmaceutical companies have produced a multitude of products that fight disease, alleviate pain and improve quality of life. In some instances, they are motivated to make new products available as quickly as possible in order to recover capital spent on research and development. In their rush to take products to market, inadequate testing and improper labeling can expose consumers to significant risks.

Consumer protection with regard to pharmaceuticals is a relatively new, but very important, area of product liability. The Supreme Court in 2009 said that juries could award monetary damages to consumers who filed suits against drug manufacturers for injuries caused by FDA-approved products.

Largest award ever for pharmaceutical liability

Recently, the U.S. Court of Appeals for the First Circuit upheld a verdict in the case of a New Hampshire woman’s pharmaceutical liability lawsuit against a drug manufacturer. Legal experts expect that the case may find its way to the Supreme Court.

In 2010, the woman was awarded $21.6 million by a federal jury. While taking anti-inflammatory medication for shoulder pain, she suffered severe burns to 65 percent of her body. She is now legally blind and cannot eat normally, engage in sexual or aerobic activity and has been disfigured by burns to her face and body.

Consumer protection and pharmaceutical liability

Although a case of this type is rare, it obviously points to the responsibility drug manufacturers, pharmacists and physicians have for ensuring that the pharmaceuticals they make, prescribe and dispense do not cause harm to their patients.

Prescriptions are not the only types of products that fall into this area of product liability. Potentially harmful side effects can be caused by

  • Over-the-counter medications
  • Herbal supplements
  • Vitamins
  • Defective medical devices

Pharmaceutical companies and their insurance companies have skilled attorneys on their side whose objective is to limit the liability of their clients. If you have been injured, you have a legal right to receive financial compensation for the damages you have suffered. A product liability attorney in New York with experience in pharmaceutical liability increases the chances of a favorable outcome.