Long Island Car Accident Settlement Considerations
Following a car accident, you may decide that you want to pursue legal action. There are typically two options if you decide to pursue damages, you can sue or you can settle. Settling a car accident case can be difficult to navigate, especially because there are many Long Island car accident settlement considerations that you must take into account. A knowledgeable car accident attorney can help you settle your case, and strive for a positive outcome for you.
Importance of Liens in Settlements
Of the Long Island car accident settlement considerations to remember, the most important one is that the settlement will eventually be over. There are other things to consider such as liens. For instance, if a client in New York gets hurt on the job and there is a third-party case, which means the client could sue somebody else, so they would also get worker’s compensation.
Any worker’s compensation that is paid out is recoverable at the end of the case, and therefore, if a client settles a case, it is important that the client understands at the very beginning of the case that a lot of that money has to be paid back to the worker’s comp carrier, whoever paid out for their wages and medical benefits.
So, a person’s ultimate settlement will not be what the actual settlement is. A case might settle before $60,000 and the client might only get $20,000 because a portion has to go back to worker’s compensation.
A person always has to consider if they have a lien and if there is a lien, how much less they will receive as a result of the settlement. People have to understand that. Those who are on Medicare have to understand how it might affect their Medicare.
Potential clients who are on Medicaid have to understand that if they receive a large enough settlement, they might be taken off of Medicaid. Medicaid will not allow a person to have a $100,000 in their pocket and also stay on Medicaid.
Most people understand that and, are still willing to go through the settlement. That being said, it is important to share this information in case people are not aware that their settlement could affect their insurance because it can prove to be problematic in the future if people are unaware.
Receiving a Settlement in a Timely Manner
One of the Long Island car accident settlement considerations to keep in mind is how long it can take for a person to receive their settlement, and how to ensure that someone receives their settlement in a timely manner. By sending out the paperwork in a timely manner and staying on top of the days that the other side has within which to pay ensures that the settlement is received in a timely manner. For instance, if it’s 21 days, the person has to make sure that on the 15th day, the person calls the other side and makes sure that the checks are on the way.
How a Lawyer Can Help
Typically, a person signs up with an attorney soon after the accident and the attorney will handle all of the New York State motor vehicle reports that have to be filed, take care of getting all the hospital records, let the insurance company know relatively soon after the case is signed up within a day or two that their office is now handling the case and therefore, insurance companies will not contact the client.
An attorney might do other things like sending an investigator out to the scene of an accident or take photographs in order to have the freshest, the most recent view of the scene of the accident. There might have been some damage shown at the accident scene. A lawyer might also speak to witnesses in order to gather testimonial evidence. If you wish to settle your car accident case, contact a lawyer with knowledge of the pertinent Long Island car accident settlement considerations, who can help you recover the damages you deserve.