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Frequently Asked Questions

 

Q What is a serious injury?
A  Serious injury means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use a of body organ, member, function or system;
permanent consequential limitation of use of a body organ or member;
significant limitation of use of a body function or system; or
a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred and eighty days immediately following the occurrence of the injury or impairment.

Q How much is my case worth?
AThis is a very difficult question to answer. The initial injuries you received could worsen or your doctor could find problems you did not know about. In either instance, the value of your case may increase. The important point to remember is that no one can accurately predict the outcome of your case until we have all the evidence that affects your case.

Q Can I receive unemployment or disability benefits?
A Check with your employer to see if you are eligible for disability payments under any special policies. If your employer does not have disability coverage, you may be eligible for disability payments from the Employment Development Department. You must have your doctor complete the disability forms and return them to the appropriate state office. Ask your doctor for the forms. Unemployment benefits are for able-bodied people who are capable of working. If you are injured and cannot work, you cannot receive unemployment benefits.

Q How soon will my case be settled?
A The process of negotiating with insurance companies can be very time consuming, because they are in no hurry to compensate you. We will do everything we can do to settle your case to your satisfaction as quickly as possible.

Q Will I be compensated for the pay I lose due to the accident?
A Yes, this is a part of your damages. To get you this compensation, we need good documentation. Your doctor must indicate that you have missed work or that you cannot work at your job any longer due to your injuries. Your employer must verify how much work you have missed or the effect of your injuries upon your job duties. If you are self- employed, you must be able to document your loss of earnings.

Q (In automobile accident cases) What if the other driver has no insurance?
A In this situation the other driver is an "uninsured motorist". We will determine if you have this coverage under your insurance policy, and if you do, will seek compensation from your insurance company. This is why you paid for uninsured motorist coverage.

Q What should I tell my insurance company when I report my accident?
A You must report your accident to your insurance company. Give them only the basic information about your accident without going into the facts and details. If they want any further information, ask them to call The Law Offices of Robert J. White. Do not give your insurance company a recorded statement or sign any document you are uncertain about. If you have any questions, call us.

Q What if I was injured on the job?
A You may have a Worker's Compensation case as well as a personal injury case. We can help you determine if you have such a dual case, and if you do, we can handle both cases for you at the same time.

Q What if I was injured on the job, whose doctor should I see?
A During the first thirty days after your accident, you must see the doctor designated by your employer's insurance company. After thirty days, you can see any physician you choose. Your medical expenses will be covered even if you have switched to your own doctor.

Q Can I collect from worker's compensation and a personal injury lawsuit for the same accident?
A Yes. However, the compensation in your personal injury case will be reduced by the amount paid for by Worker's Compensation.

 


The Law Offices
of
Robert J. White
P. O. Box 11
Cornwallville, NY 12418

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