No parent wants to receive the news that their child has been injured in a school bus accident. Unfortunately, however, these accidents are not that uncommon. And even though school buses are large vehicles, a crash could result in significant injuries to a child. Parents allow their children to ride the school bus with the understanding that both the school system and the bus driver have taken steps to keep the child safe. When this doesn’t happen, and a child is injured as a result, the parents have the right to take legal action. Miller, Montiel, & Strano, P.C. is ready to stand up for you and your family.

These are the steps you should take if your child has been in a school bus accident:

Step 1: Seek immediate medical attention for your child

Nothing matters more than the health and well-being of your child. Even if emergency services have already been called to the scene of the bus accident, which is likely, make sure your child gets the medical attention he or she needs. Any delays in getting treatment could be detrimental to your child’s recovery. It will also make it more difficult to demand compensation from the liable party.

Make sure you also follow the doctor’s recommended treatments after discharge from the hospital or medical clinic. And take your child to see any follow-up appointments. In other words, follow your child’s doctor’s instructions at all times.

Step 2: Start gathering evidence

To the extent possible, and as long as it does interfere with any official investigations, you need to begin gathering your own evidence about what happened. This is important for at least two reasons:

• You may gather evidence that is overlooked by investigators
• You need to understand how and why the accident happened

On this second point, it should be stressed that the child’s family (through legal counsel) will have the burden of proof when it comes to seeking compensation. Therefore, the family will need to lay out exactly how the wreck happened and who is responsible. All of the following parties, and others, may be liable for school bus accidents:

• The public school district (or private school)
• The bus driver
• The bus owner
• The company that manufactured the bus or any parts that were defective
• Mechanics and repair shops
• Any governmental entities responsible for roadway construction or maintenance
• Any other motorists who may have caused the accident

Evidence that you might gather could include photos and videos of the accident scene and witness statements,

Step 3: Talk to your child about the accident

Don’t discount any information that your own child, no matter the age, may be able to provide about the accident. Although child witness testimony can be challenging to present in a courtroom, you should absolutely find out how the wreck happened by talking to him or her. When your child is able to, ask what occurred. You may learn from your child about the cause of the crash, which could include:

• Driver negligence
• The involvement of another vehicle
• Poor weather or traffic conditions
• Children fighting on the bus
• Problems with the bus itself
• Dangerous conditions inside the bus, like slippery floors or steps

Remember, since it will be your and your attorney’s job to establish liability, gathering all the facts you can now will make the legal process go more smoothly.

The Final Step: Talk to An Experienced Personal Injury Attorney

Lastly, you need to retain knowledgeable legal counsel that is ready to serve you and your child. Seeking monetary compensation after a school bus is no simple matter. Quick action is best to make sure that medical bills and other expenses are paid by the liable party. Give Miller, Montiel, & Strano, P.C. a call today to learn more.

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The combined weight, size, and speed of trucks makes accidents involving these vehicles particularly catastrophic. Passenger vehicles, bicyclists, and pedestrians are simply outmatched in these wrecks and victims can suffer serious and even fatal injuries. Seeking compensation for your injury is a process that requires legal skill and a determination to maximize the amount of available compensation. Turn to Miller, Montiel, & Strano, P.C. for help seeking the justice you deserve.

Here is how the truck accident claim process works:

Step 1: Calling 911 and making a police report

Immediately after a truck accident, call 911. Request medical assistance, even if you think injuries are minor. Also ask the police to come to the scene and make a report about the accident. The police report contains vital information about the wreck that will come in handy later.

Step 2: Assessing – and taking care of – your damages

Truck accident damages may include a variety of losses that the victim has incurred due to negligence on the part of the truck driver, trucking company, or some other liable party (more about this below). Some of the most common damages that victims seek include:

• Medical bills, including for hospitalization, rehabilitation, follow-up treatments, and prescription medications
• Serious injuries like broken bones, internal injuries and severe lacerations
• Lost wages due to time recovering from injuries, going to the doctor, etc.
• Lost earning capacity in the event the victim can no longer work the same job due to his or her injuries
• Pain and suffering
• Wrongful death, if the victim dies from his or her injuries

An attorney will help assign a dollar value to these and other damages. However, you need to take steps to prevent these problems from getting worse. This applies especially to medical damages. Be sure you see a doctor, follow the doctor’s instructions, and follow up on all medical appointments.

Step 3: Assigning and explaining fault

You will need to determine who is at fault (or who could be at fault) and why. As mentioned above, this may include such varied parties as:

• Truck drivers
• Trucking companies
• Mechanics and repair shops
• Parts suppliers
• Cargo companies and their employees
• Government entities responsible for roads
• Construction crews (e.g. if the accident was caused by construction zone hazards)

More than one party may share blame for the accident, depending on the circumstances. You also have the burden of showing how the accident happened, because it is up to you to establish that the responsible party or parties acted negligently. Some examples of truck accident causes include:

• Overloaded trucks
• Poor maintenance
• Truck defects
• Inexperienced drivers
• Distracted driving
• Speeding and other traffic violations
• Driver fatigue
• Poor road conditions

An attorney can conduct an investigation to complete this step.

Step 4: Hiring legal counsel to negotiate with the insurance company

There’s a good chance the at-fault party’s insurance company will reach out to you and attempt to interview you claiming they want to settle the case. It is strongly recommended that you don’t handle discussions with the insurance company by yourself. Insurers are for-profit businesses, and the less they have to pay on accident claims, the higher their profits. These companies are notorious for using a number of underhanded tactics to trick victims into accepting far less than their accidents are worth, or making no offer at all after obtaining unfavorable information from you.

Our firm is well-versed in these various strategies and we know how to demand a sum of money that fairly compensates our clients. We will negotiate with the insurance company on your behalf, taking into account both expenses you’ve already incurred and those you will likely incur in the future. If a fair settlement cannot be reached, however, we are prepared to take your case to court.

Give Us A Call to Explore Your Legal Options

Don’t delay taking action on your truck accident claim. If you’ve been injured, give our firm a call to learn more about your legal rights and options. Miller, Montiel, & Strano, P.C. is here to serve you and your family.

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Premises liability is a type of personal injury law that obligates property owners to keep their properties reasonably safe and free of hazards. Trip or slip and fall lawsuits constitute a major segment of premises liability cases, and cover a range of negligent conduct on the part of property owners. Have you been injured in a trip or slip and fall case? If so, how do you establish the property owner’s liability? Count on the seasoned legal counsel of Miller, Montiel, & Strano, P.C.

The duty of reasonable care

In New York, all property owners – from residential home owners to commercial businesses – must keep their premises in a reasonably safe condition. To quote one recent case, “The landowner owes people on their property a duty of reasonable care under the circumstances to maintain the property in a safe condition.”

The phrase “under the circumstances” is key. Let’s say there is standing water on a set of stairs that causes someone to slip and fall. But let’s add that the standing water is there because the staircase is under water due to flooding caused by a hurricane. The owner would not be expected to somehow remove the water during the middle of the hurricane, especially if the rest of the property is underwater.

Every case of premises liability must therefore be considered in light of the specific circumstances involved. However, where the property owner failed to take reasonable steps to prevent slips and falls, the victim can hold that party liable.

Steps to proving liability

Seeking medical attention immediately after suffering a trip or slip and fall will be the single most important step you take. To begin with, your health matters more than anything else. Delaying or refusing to see a doctor could make a bad situation worse. Also, you could inadvertently hurt your chances of recovery. The more time between a trip or slip and fall and when you see a doctor, the easier it will be for the at-fault party’s attorney to either blame you or blame someone or something else for your injuries. So be sure to see your doctor or call 911 right away.

If you are able to, you need to take pictures and record video of the trip or slip and fall scene. That includes exactly where you fell and the immediate vicinity around it. Evidence in trip or slip and fall cases tends to disappear quickly. For instance, if ice caused your accident, it may soon melt. Or the property owner may go and clean up the scene as soon as you leave, destroying evidence in the process. The more pictures and videos, and the sooner they are made, the better.

Speak with any witnesses that saw what happened, and be sure to get their contact information for later. These individuals can provide valuable testimony in court about not only your accident but the conditions that caused it. Your attorney can reach out to these people later.

You should also write down any details about the accident that you can remember. Focus particularly on not just the trip or slip and fall itself, but everything leading up to it. Where were you going? What time was it? What was the address of the business or residence where you slipped? What were the exact conditions that made the premises unsafe? The more detail, the better.

Lastly, talk to a knowledgeable premises liability attorney. Our firm can help.

Miller, Montiel, & Strano, P.C. Is Here To Serve You

Your lawyer will also conduct an investigation to uncover relevant information that will help you establish the defendant’s liability. For example, the property owner may have previously been warned or cited for unsafe property conditions, a fact which will work strongly in your favor. Let Miller, Montiel, & Strano, P.C. represent you in demanding the maximum compensation for your injuries available under law. Call us today.

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Nursing home injuries are frighteningly common, and most of them are due to neglect or outright abuse on the part of staff. Sadly, many facilities view the elderly as expendable. They fail to train staff, overlook gross negligence, and allow their premises to become unsafe and unhealthy. By the same token, it’s not always easy to prove that a nursing home resident has been harmed. If you have a family member who resides in one of these facilities, it is critical that you recognize the signs of abuse and neglect. Miller, Montiel, & Strano, P.C. can help you seek justice for your loved one.

The different forms of abuse and neglect

There are four broad categories of nursing home abuse and neglect: physical, sexual, emotional/psychological, and financial. Some residents fall victim to all of these types, and others. Even worse, the abuse or neglect could persist for months or even years without intervention.

Most abused and neglected nursing home patients share one thing in common: absent or uninvolved family members. The more infrequent that relatives visit or call the resident, the more likely he or she will become a victim. The best way you can protect your loved one is to visit and call often, let the staff become acquainted with you, and quickly report any problems you notice to management.

Even so, this cannot absolutely guarantee that your family member won’t be harmed. Therefore, it will be critical to know how to recognize abuse and neglect.

What to look for

Every case of abuse and neglect is different, but consider the following common signs:

Physical

• Bedsores
• Malnutrition and dehydration
• Burns, blisters, and bruises
• Unexplained broken bones and related injuries
• Changes in behavior
• Poor hygiene
• Sudden or unexplained death when there were no urgent health problems

Sexual

• Ripped, torn, or bloody clothing
• Unexplained sexually transmitted diseases or infections
• Bruising in the thighs and groin area
• Reluctance to answer questions about potential abuse
• Pain in the pelvic area
• Difficulty walking or sitting

Emotional/psychological

• Anxiety attacks
• Depression
• Social or family withdrawal
• Loss of enjoyment of life
• Displays of fear or intimidation in the presence of nursing home staff
• Sudden changes in behavior or mood

Financial

• Missing money or property
• Missing bank statements and other records
• Abrupt changes to a last will and testament, power of attorney, or other instrument
• A stranger suddenly taking unusual interest in your loved one’s property or finances
• Unexplained financial transactions
• Unpaid bills

Who can be held liable?

Although nursing home doctors and staff are often to blame for abuse and neglect, that blame is not always direct. For example, much abuse happens at the hands of other residents. This does not necessarily relieve the facility of any liability, however, since the nursing home is ultimately responsible for the foreseeable conduct of its patients. An experienced nursing home injury lawyer will seek to identify any and all responsible parties that may be held liable.

The Bottom Line: Vigilance Is Key

Keeping an eye on the health and safety of your loved one is not always easy. Many nursing home residents suffer dementia and other mental deficiencies, meaning they cannot speak up for themselves. Even those who can say something often do not because they are afraid of retribution or are embarrassed.

It is therefore your job to be on the lookout for evidence that your family member is being harmed. If you suspect this is the case, our law firm can put an end to the abuse or neglect and help you seek monetary compensation. Call Miller, Montiel, & Strano, P.C. today to learn more about your legal options.

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Cracked and broken sidewalks are among the most common causes of accidents, and the resulting injuries can be more serious than people may realize. Municipalities and some property owners have an obligation to maintain sidewalks by keeping them free of unreasonable dangers. If you or someone you love has been hurt because of an issue with a public sidewalk, it’s in your best interest to consider your legal options for seeking compensation. The personal injury attorneys of Miller, Montiel, & Strano, P.C. are ready to advise you.

Who is responsible for sidewalk injuries?

Generally municipalities, like cities, towns or counties, have the duty to maintain public sidewalks in a reasonably safe condition. To hold municipalities responsible for an unsafe condition, proof is usually required to show the municipality had notice, in some cases written notice, of the defect or created it. In other situation, municipalities have passed laws giving adjoining property owners the duty to maintain public sidewalks in a reasonably safe condition.

Some property owners are responsible for installing, repairing, and maintaining public sidewalks that are adjacent to their properties. That means not only fixing uneven, cracked, and broken sidewalks, but, in some cases, removing ice, snow, and debris that may cause injury. Failure to do so could expose the responsible property owner to a personal injury lawsuit. More specifically, these actions are known as premises liability cases. 

Defective sidewalk injuries are often serious. A slip and fall or trip over a sidewalk hazard could leave a pedestrian with:

• Back and spinal cord injuries
• Traumatic brain injuries
• Bone fractures
• Concussions
• Internal organ damage

A serious enough injury might cause a victim to be unable to work for some period of time, perhaps even permanently, costing significant sums of money in earnings, bonuses, and other benefits. That’s on top of other damages, such as pain and suffering.

Steps you should take after a sidewalk injury

If you’ve been hurt on a public sidewalk, taking quick action is essential to protecting your health and your rights. The first thing you need to do is seek medical attention. Call 911 to get police to the scene and summon emergency medical assistance. Failure to see a doctor could aggravate your injuries and make it more difficult to obtain compensation.

Also, if you are able, take as many pictures and/or videos of the defective sidewalk as you can. This should be done as soon as possible after your accident. Property owners have been known to hastily repair a sidewalk the moment an injured pedestrian leaves, destroying evidence and making it far more difficult to seek damages. Don’t allow the owner to do this by neglecting to document the accident scene.

You should also make personal notes about the details surrounding your accident. These include:

• Date and time of the accident
• The nature of your injuries (with pictures and video)
• The property address of the defective sidewalk
• The name of the business, if there is one at the location
• Specific information about the defect itself

The more information you can remember, the better. But you should write this down early so you don’t forget. If there were any witnesses in the vicinity of your accident, talk to them about what they saw. Get their names and contact information so you can reach out to them later.

Take Action Now To Protect Your Rights

Lastly, speak with a knowledgeable personal injury attorney. Your lawyer should have experience with New York laws concerning sidewalk accidents and premises liability. Our firm represents victims of cracked, broken, and otherwise hazardous public sidewalks. We understand what it takes to build a compelling case and demand an amount of money that fairly compensates our clients.

When property owners fail to maintain their premises in a reasonably safe manner, we go to work. Give Miller, Montiel, & Strano, P.C. a call today.

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Parents trust daycares to keep their children safe while they are at work and elsewhere. But many daycares fail to live up to this expectation and negligently allow children to be injured. When this happens, you can expect your child to require medical attention and to suffer other related damages. That gives parents the right to demand monetary compensation. If this has happened to your child, let Miller, Montiel, & Strano, P.C. counsel you and your family as we seek justice.

Step 1: Get medical attention for your child, and follow up with the doctor

If your child has an emergency, call 911. Police intervention and emergency medical assistance should be obtained without delay. No matter what, your child needs to receive immediate medical attention. Be sure to also obey all doctor’s orders, follow up with the doctor, and keep all appointments.

Not only is this necessary for your child’s health, it is essential to preserving your right to file a legal claim. If you delay seeking medical attention and your child’s injuries worsen, the at-fault party will attempt to shift blame to you.

Step 2: Understand what you need to prove

Working with your lawyer, you will build a case that demonstrates the daycare was negligent in caring for your child. More specifically, you will need to show the following:

• The daycare owed a duty of care to your child
• By some negligent act or omission, the daycare breached that duty
• This breach caused injury (or death) to your child
• As a result, the child suffered damages that can be compensated

Examples of negligent acts or omissions may include:

• Failure to supervise the child
• Failure to properly train staff
• Failure to remove hazards from the premises that can injure a child
• Unsanitary conditions
• Physical, sexual, or emotional abuse
• Medical abuse (e.g. failure to administer required medications to the child)

Step 3: Begin collecting relevant evidence

The above are only a few examples of the various ways daycares can be negligent. Regardless of what your argument is, the obligation will be on you to prove the daycare breached the duty of care it owed your child. It never hurts to start assembling evidence now. For example, you will want to start collecting the following:

• Information about the daycare facility itself, such as its owners, managers, any parent companies, any health and safety complaints (many of which can be found online), etc.
• The identities of the individuals who were working at the time your child was injured
• Medical records pertaining to your child’s injuries
• Photographs and other evidence of any unsafe conditions at the daycare
• A copy of any police reports you file
• Any witnesses (including other children) who observed what happened to your child
• If age-appropriate, a statement from your own child about what happened

Step 4: Talk an experience personal injury attorney

The sooner you retain legal counsel to help file a claim on your child’s behalf, the better. Your attorney will conduct an investigation separate from that of any law enforcement. The goal will be to gather evidence, determine the strength of your case (as well as any defenses the at-fault party may have), and identify all persons and entities who may be held liable.

Your attorney will also handle negotiations on your and your child’s behalf with any insurance companies. Depending on the circumstances, that may include insurers of the daycare business, of the property owner, and others. If necessary, however, your attorney should be prepared to take your case to court.

Comprehensive Legal Representation For You And Your Child

No parent should have to receive the awful news that their child has been hurt (or worse). You can count on the personal injury attorneys of Miller, Montiel, & Strano, P.C. to represent your and your child’s best interests from day one. We will walk you through the legal process and fight for the maximum compensation to cover your child’s injuries. Call us today.

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Drivers are responsible for ensuring that their automobiles are in safe working condition. Part of that responsibility includes making sure tires are properly maintained. Tires that are not in good shape can cause a serious or even fatal accident. Sometimes, the blame lies with other individuals such as car mechanics or even the manufacturer of the tire. These accidents can be complicated because of the numerous parties who may be liable. If you’ve been hurt, it’s time to call Miller, Montiel, & Strano, P.C.’s personal injury attorneys.

How can bad tires pose a danger?

Safe working tires are essential for the proper operation of an automobile. All drivers have the duty to make sure that not just their tires but every other part of their vehicles are road worthy. The problem is that not everyone takes the time to inspect their vehicles, even casually, to identify potential issues. But that’s no excuse for putting others at risk of an accident.

These are just some of the ways tires can cause a serious accident:

Overinflation. Too much air in the tires reduces the amount of tread in contact with the road. In turn, the tires have far less grip than they should. The vehicle could skid or roll over.

Underinflation. A flat tire, or one that has too little air in it, is equally dangerous. Not enough air in the tires reduces stability and thereby makes it much harder to control the vehicle.

Worn tires. Tires should not be driven to the point that they are “bald” or devoid of the necessary tread that allows for safe driving. A driver has no excuse for failure to replace worn-out tires.

Manufacturing and design defects. In some cases, blowouts happen because of a problem with the manufacturing or design of the tire. Companies that make tires are responsible for ensuring that their products are reasonably safe.

Who can be held liable for tire-related accidents?

After an automobile accident, a personal injury attorney will investigate the underlying causes leading up to it. If it becomes clear that poor tires were the cause or a contributing factor in the accident, it must then be determined who was liable. Some examples include:

• Drivers
• Mechanics and repair shops
• Tire manufacturers
• Retail tire companies

In some cases, multiple parties can be held liable. For example, the tire manufacturer may have been responsible for producing the defective tire in the first place. But a retailer may not have followed recall instructions issued by the manufacturer to take the tire off the market.

If there were multiple parties responsible for your accident, your lawyer will work to identify and hold them accountable. The more potential defendants in a personal injury lawsuit, the better, especially if your medical bills, pain and suffering, lost wages, and other damages are significant.

Serious Accidents Demand Serious Legal Representation

When people are injured because of someone else’s negligent conduct, we go to work. At Miller, Montiel, & Strano, P.C., we treat your case as we would want to be treated had we been injured. Do you suspect that a driver’s tires or other vehicle components were to blame for your accident? Contact us to get started on your matter today.

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Despite decades of public awareness campaigns, drunk driving remains a persistent and deadly problem. Throughout the State of New York, just over 30% of fatal vehicular accidents are alcohol-related. Many drunk drivers are served at retail establishments, such as bars and restaurants, before getting into accidents. Fortunately for victims and their families, the law allows these businesses to be held liable in certain cases. This is important because it increases the likelihood that victims will receive adequate compensation for their injuries.

If you or a loved one were hurt in a car accident and you believe a bar or restaurant was at fault, it’s time to speak with the personal injury team at Miller, Montiel, & Strano, P.C.

How bars and restaurants may be responsible

Bars, taverns, restaurants, and similar businesses cannot just sell alcoholic beverages to anyone. And this prohibition is not limited to age, either. New York law expressly forbids an establishment from selling alcohol to a person who is visibly intoxicated. The establishment can be held responsible for any injuries later caused by that customer. This is known generally as dram shop liability.

There is an even lower standard of proof if the drunk driver in question was under age 21. In this situation, the victim needs only to show that the underage person was served alcohol prior to the accident and that doing so caused the patron to become intoxicated or impaired. The victim need not show that the underage driver was visibly intoxicated at the time of being served alcohol.

Connecting the accident to the bar or other establishment

What this all means is that if the victim can show a link between the business’s irresponsible dispensing of alcohol to a customer and a drunk driving accident, the business can be held accountable for the victim’s injuries. Establishing that link is the role of an experienced Queens personal injury attorney.

Generally, what happens in these cases is that the drunk driver is arrested and proven to have been intoxicated at the time of the accident. Through police and/or attorney investigations, the patron’s activities leading up to the accident are determined. If a bar or restaurant was the cause of the driver’s intoxication, sales receipts and other evidence can be obtained proving the establishment illegally sold alcohol to the drunk driver.

Why dram shop liability matters to the victim

Most people assume that if a driver causes an automobile accident – regardless of the reason – the driver’s insurance company will pay for it. But there are two problems with this assumption. One is that the driver may have no insurance, meaning the victim would have to pursue that individual (who likely has limited resources) to pay the victim. Rarely does this produce compensation to the victim. Two is that even if the driver has insurance, the driver’s insurance coverage may be inadequate to fully compensate the injured victim for the injuries, pain, suffering and disability caused.

Holding a business establishment liable therefore adds another source of insurance coverage and potential compensation for the victim. A diligent personal injury attorney will seek to hold all responsible parties accountable in order to maximize the amount of damages the victim (or the victim’s family) receives.

Working On Behalf of New York Car Accident Victims

No one deserves to be injured or lose a loved one because an intoxicated person got behind the wheel. Any business that illegally causes a drunk driving accident should be forced to compensate the victim. Let Miller, Montiel, & Strano, P.C. go to work for you and your family today. Call us to schedule your consultation.

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When most people think of automobile accidents, they imagine two or more vehicles getting into a wreck. But often, and especially in a major city like New York, the victims of automobile accidents are pedestrians. Like the victims of car crashes, pedestrians can seek compensation from the at-fault driver’s insurance company. But proving liability can be a challenge. That’s why you need the dedicated personal injury attorneys of Miller, Montiel, & Strano, P.C.

Why do these accidents happen?

Like most accidents involving vehicles, negligence on the part of the driver is usually to blame. The victim’s responsibility after being involved in an accident is to demonstrate that the driver, by some negligent act or omission, breached the duty of care owed to pedestrians. Some examples of negligence include:

• Disobeying traffic signals
• Failing to give a pedestrian the right of way
• Speeding
• Failing to keep a proper lookout of the traffic and road conditions
• Failing to avoid the pedestrian by timely use of brakes and steering
• Driving while impared because of lack of adequate sleep
• Distracted driving, including because of cell phone use
• Running a red light
• Failure to adjust to the conditions (e.g. slowing down considerably in bad weather)
• Driving under the influence of drugs or alcohol

Pedestrians are commonly injured by vehicles in crosswalks, but may also be hit on sidewalks, street corners, and in parking lots and garages.

What to do if you’ve been struck by a vehicle

Your first priority after being in any kind of accident is to seek medical attention. This is especially true for pedestrians, who are far more likely to be seriously hurt than another motorist. Even if you believe your injuries are minor, see a doctor.

You or someone in the vicinity should call 911 immediately and ask for first responder assistance. In addition to an ambulance, police will arrive and take information from you about the circumstances surrounding the accident. This includes the time, date, location, and weather conditions. Later, the police will generate an important record known as a police report that contains this and other valuable information. Your personal injury attorney can assist in obtaining a copy of that report.

Sadly, in many pedestrian injury cases, the responsible driver flees the scene. If this happens to you, don’t panic, but follow the steps above. Give the police as much information as you can recall about the vehicle and the driver. If any witnesses saw the accident, ask them to speak with police, too. You should also speak with these individuals yourself and get their contact information. Make your own notes about the accident as soon as possible.

How an attorney can assist

Finally, reach out to a knowledgeable personal injury lawyer. Your attorney will investigate how and why the accident took place and begin building a lawsuit to demand monetary compensation. Your lawyer will also work to quantify your damages to ensure you are fairly covered for your medical bills, missed time from work, and other losses. Part of this involves filing a claim for “No Fault” benefits which generally must be done within 30 days of the accident.

If the driver was criminally negligent or fled the scene of the accident and is later caught, a separate criminal trial will take place. Although you must pursue a civil lawsuit to seek monetary damages, the evidence uncovered during the criminal trial could prove relevant. Lastly, your lawyer will work with the at-fault driver’s insurance company to settle the matter out of court, if possible. If the insurance company does not offer you fair compensation, Miller, Montiel & Strano, P.C. will take your case to trial.

Experienced Advocacy You Can Count On

Queens personal injury victims, as well as all others, know they can rely on the trusted legal counsel of Miller, Montiel, & Strano, P.C. We fight hard for the victims of personal injury cases, including pedestrians who have been hurt by motorists. Give us a call today to learn more.

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If you’ve been in an automobile accident, there’s a good chance the at-fault driver’s insurance company will soon contact you. Dealing with the insurance company is best left to an experienced car accident attorney, because insurance companies are notorious for using underhanded tactics to deny or underpay perfectly valid claims. Here, the personal injury lawyers of Miller, Montiel, & Strano, P.C. review some of those tricks.

The Number One Rule to Remember about Insurance Companies

Before we discuss the insurance companies’ tactics, remember this: these are for-profit businesses. While an insurance adjuster may sound compassionate and understanding over the phone, the ultimate goal of the company is to maximize its profits. They do this by paying as little as they can get away with (or nothing at all) on accident claims.

With that in mind, here are some common insurance tactics to know about:

Recorded Statements

The insurance company may call and ask you to give a recorded statement. You are not required in New York to give a statement, recorded or written, to the negligent driver’s insurer. And you shouldn’t.

Insurers are known for using recorded statements to trick victims into saying things that can later be used against them. They know that after an accident the victim is probably upset, not thinking clearly, or under the influence of medication. So they ask carefully scripted questions to elicit information that can come back to hurt the victim.

For example, the adjuster may ask you questions about your pain. You mention your head and neck, but not your arm. Perhaps your arm pain is mild or your arm hasn’t started hurting yet. Regardless, the pain in your arm may later become a serious matter. But because you didn’t mention it in the recorded statement you gave earlier, the insurer will attempt to deny or limit the payout.

Hiring a Private Investigator

Insurance companies routinely hire private investigators to determine whether the victim’s injuries are real. The investigator may record video of the victim in public. While there’s nothing inherently wrong with this, the problem is how the insurance company uses the information it gathers.

Sometimes the problem isn’t what’s recorded, but what’s not recorded. For instance, you may have doctor-ordered work restrictions because of your injuries. You abide by these restrictions most of the time. Buf if you deviate even once – for instance, by lifting something heavy that you shouldn’t – expect this deviation to be recorded and later used against you.

Medical Releases

Insurance companies routinely ask to see the victim’s medical records after an accident. This is understandable because the insurer wants to know how badly you are injured (and, therefore, what they might have to pay). But sometimes the insurer wants to see more medical information than it is entitled to. Enter the general medical release.

A general release (or authorization) could expose all of your medical history, not just that pertaining to your accident or injury. The insurer might dig through your records and discover a pre-existing condition. The company could argue that this condition, rather than the driver, is responsible for the amount of pain you are suffering. This, in turn, will allow the insurance company to try to pay less.

Let Us Handle The Insurance Companies

An attorney should always handle any communications with your or the other driver’s insurance company, including any forms the insurer wants you to sign. Sometimes the insurance company will offer you a few thousand dollars and ask to “just sign” a release. If you do, you are most likely signing away your right to bring a personal injury lawsuit. Miller, Montiel, & Strano, P.C. is here to protect your rights and demand the maximum compensation after a car accident. Don’t deal with insurance adjusters on your own. Call us today.

Posted in Motor Vehicle Accidents | Comments Off on Beware These Common Insurance Company Tricks After Your Car Accident