If the insurance company and injured party cannot come to an agreement, and a lawsuit is needed to determine the amount of compensation, the award will be determined by a jury after a trial. The damages awarded will be highly dependent on many factors and will vary greatly from case to case.

Get out of Your Car and Call the Police ! Leaving the scene of an accident is a crime! If anyone is injured, dial 911 for an ambulance. Ambulance EMS personnel and police usually arrive together. Don’t move your car unless you have to because of danger. The position of a vehicle after impact will allow the police to better understand who was at fault. Exchange driver’s license, registration, and insurance information with the other driver. If the police arrive, they will take insurance information from each motorist separately and enter the information on a police report. You should obtain the police officer’s precinct, badge #, and accident report # . However, if police do not arrive ask the other driver for 1) drivers’s license 2) vehicle registration 3) insurance card. If they refuse, write down their car’s LICENSE PLATE number and STATE. Do not make any statements to the other driver. Try not to argue even if the other person starts an argument. You can explain your version of what happened to the police officer. Attempt to obtain the name, address, and telephone number of any eyewitnesses who saw the accident take place. Go to the hospital or to your primary care doctor. Tell the doctor every complaint and symptom so everything is documented. Often times an injury will develop weeks or months later and insurance company’s often argue the injury is unrelated if the patient did not complain about it at the hospital emergency room. Call your insurance company and let them know you’ve had an accident. Failure to do so timely may allow them to disclaim coverage, meaning they will refuse to pay for the claim. Take photographs of the position of the vehicles, damage to the cars, skid marks, and of any visible injuries. If you think the other driver is drunk, tell the police officer and ask him to administer a sobriety test. Call the car accident lawyers at Frekhtman & Associates for a consultation. We want to help you and all of our services are free of charge. The legal fee is a percentage of the money we win at the end of the case.

Symptoms and long-term deficits can vary greatly. However, a fair number of TBI survivors may struggle with diminished motor capabilities – problems getting around on their own. These difficulties may be temporary or permanent. You may also have trouble sleeping during different phases of your recovery and treatment. Some survivors also develop depression as they confront the reality that certain changes or losses may be permanent. Secondary injuries can also develop in the form of seizures. If these start, you will need to consult with a qualified neurologist to bring them under control. Although it may seem rather intimidating to adjust to all these physical and cognitive changes, you may be surprised by the number of kind people and local support groups happy to help you redefine your daily life activities and goals. If you cannot readily locate one – you can always ask someone at your local hospital (or place of worship) if they would be willing to let you and others battling serious illnesses and disabilities meet there regularly. It’s often a good idea to contact a social worker at a local hospital to help you arrange special transportation to and from medical appointments. Fortunately, many rehabilitation groups will provide you with transportation if you live in a large metropolitan area. As your condition improves, you may soon want to take part in NY Brain Injury Association activities.

Yes, your attorney and assigned paralegal will be in touch with you regularly. You are also free to call our office with any questions you may have. We make it a point to be as compassionate and caring as possible when interacting with all our clients.

Our firm will handle your brain injury action without any payment of attorney’s fees from our clients. We handle matters with a contingency fee arrangement which means that our firm will receive a percentage of the recovery we are able to obtain on behalf of our clients. The fee to the lawyer is dependent or contingent upon a successful resolution of our client’s case and is paid at the conclusion of the case. The New York Appellate Division has approved a 33 and 1/3rd percentage contingent compensation for personal injury matters.