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5 THINGS TO KNOW WHEN PURSUING A PERSONAL INJURY CLAIM

1. CITIZENSHIP STATUS DOES NOT MATTER:

If you are an undocumented worker or not yet a citizen, you still have the right to pursue a personal injury claim if you are injured in an accident as the result of someone elseâ€TMs negligence. The law permits any injured person to recover all damages suffered in an accident, regardless of their citizenship status.

2. YOU CAN FIRE YOUR LAWYER:

Many clients come to us dissatisfied with their current lawyer, usually because the case is moving too slowly, the attorney is not updating the client, or does not return phone calls. If you are unhappy with your attorney, it is a simple process to dismiss him or her and hire a new lawyer. Hiring a new attorney never results in a higher legal fee. If you decide to hire another firm to handle your case, your current lawyer can be discharged by simply sending a letter.

3. YOUR MEDICAL BILLS ARE COVERED BY NO FAULT INSURANCE AFTER A CAR ACCIDENT:

No fault insurance pays your medical bills regardless of who is at fault for a car accident. (Hence the name no fault) The no fault policy may be on the car you are driving or riding in as a passenger, or it may be covered by another vehicle involved. Therefore, even if you do not have health insurance, your medical bills are paid. However, there is one caveat. For our New York clients, a no fault application must be filed within 30 days. Failure to do so will preclude any benefits. Therefore, it is important to make sure you retain the services of an attorney quickly, before your right to recover are extinguished.

4. CHOOSE THE RIGHT ATTORNEY:

Personal injury litigation is specialized and for many attorneys, it only represents a small percentage of a general practice. The most competent and capable attorneys are those whose entire practice is limited to personal injury litigation. These attorneys have knowledge of the current state of the law and are well versed in the most effective ways to handle your case from start to finish to achieve your desired results.

5. YOU CAN HAVE A WORKERS COMPENSATION AND A THIRD PARTY CASE:

If you are injured on the job, you are entitled to workers compensation, which pays your lost earnings, medical bills and potentially, a workers compensation settlement. The law precludes you from suing your employer directly and limits your remedy to workers compensation. However, if you pursue a workers comp claim, you may still have a separate action against a third party, whether it be the driver of a car, the owner of a premises, or a general contractor on a construction site. If you are injured while in the course and scope of your work, it is important that you consult with an attorney to determine whether you may have a claim separate and apart from workers compensation.

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