Recent Blog Posts

Is there a "Type" who sues?

Suffolk County Personal Injury Lawyer — Fri, 27 Apr 2012 17:06:00 GMT

Almost every new client who consults with us about an injury case seems a little reluctant. I often hear the phrase, "I'm not the type to sue". Indeed, many people have come to believe that it's somehow wrong to assert their legal rights when they have suffered harm due to the carelessness of another.

In my experience, there really isn't a "type" that sues. In fact, many cases are resolved without having to sue anyone. Lawsuits result when the insurance company responsible for paying a claim refuses to negotiate in good faith or takes ridiculous positions to avoid paying a proper claim.

The insurance industry wants you to believe that only bad people bring claims--because they want to discourage you from consulting with a lawyer. In fact, most insurance companies have "early settlement programs" where they send an investigator to your house within a day or two of your accident and try to get you to sign a release and give you a check for "peanuts". Last year, we were successful in having Progressive Insurance Company set aside a release signed by my client, a 19 year old woman, who was given $1,000 by Progressive the day after her accident. Shortly after that, she realized she had torn the rotator cuff in her shoulder and required surgery followed by intensive physical therapy and significant time out of work. We were able to achieve a $75,000 settlement for her--even though Progressive had insisted that $1,000 was all she was entitled to.

There may be crooks who fake accidents or injuries or try to game the system--but in my experience they are few and far between (and we don't represent them!). The insurance industry has an interest in making you believe that everybody is a fraud, fake or phoney. In my opinion, it's the insurance companies who hire bogus doctors so they can look you in the eye and say: "We don't believe you. Claim denied". When that happens, call the Long Island's best personal injury law firm, Winkler, Kurtz, Winkler & Kuhn, LLP. We are here to fight Goliath for you.

A Good Lawyer Helps Get Your Medical Bills Paid

Suffolk County Personal Injury Lawyer — Mon, 02 Apr 2012 21:40:00 GMT

A good lawyer will make sure that your medical bills are paid following an accident. This can usually be done without suing anybody. Here's how:

If you are injured in a motor vehicle accident, the insurance company for the car you occupy will pay your medical bills, lost income and other expenses under the "no-fault" law. If you are a pedestrian, the insurance company for the car that hit you will pay these same expenses. The insurance company doesn't have a choice. It's the law.

If you are injured at work, your employer's "workers compensation" insurance company must pay your bills and contribute toward your lost earnings. It usually doesn't matter how you were hurt. The employer doesn't have a choice. Neither does your employer's worker's compensation insurance company. It's the law.

If you are injured as a result of a fall or on the property of someone who is not your employer, you can usually have all or part of your medical bills paid under the "Medical Payment" provisions of the owner or landlord's homeowners or business insurance policy. It's a contractual right established by the policy. Even though you are not named on the insurance policy, you are still a beneficiary and have a right to have your medical bills paid to the limit of the medical payment coverage.

If you are injured in an incident not mentioned above (ie: boating, dog bite, or at school), you may be entitled to have your medical bills paid from similar coverages as above. A good lawyer will know how to access these coverages and they should not charge you for this help!

If you are injured as a result of a dangerous product, medical malpractice or other negligence, your medical bills may have to be paid by your health insurance company or a government program like Medicare, Medicaid or the V.A. Your lawyer should be well-versed in obtaining these benefits for you and willing to help get your bills paid. If this is not your lawyer's priority, it may be time for you to consult with our Suffolk County personal injury attorney, Rich Winkler at Winkler, Kurtz, Winkler & Kuhn, LLP (631) 928-8000. He's been helping clients get their bills paid for 30 years!

Welcome to our Personal Injury Blog

Personal Injury Attorney — Mon, 21 Nov 2011 22:10:00 GMT

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