How Are Personal Injury Settlements Paid?

The settlement of personal injury cases can be extremely complicated. Many factors must be taken into account when determining what compensation should be awarded to the plaintiff. Some injuries are more severe than others and may require additional treatment in order to be completely healed. This can include surgery, physical therapy and other rehabilitation measures.

Plaintiffs in New York State must prove the elements of their case by a preponderance of the evidence. This means that they must show a greater likelihood of their claims being true than they are false. If the evidence is equal, the court will decide in favor of the party who has produced the most compelling evidence. A number of different types of evidence can be considered, including medical records, witnesses, and expert testimony.

Medical records are generally considered the most reliable evidence. These documents show what happened to the victim and how the injury occurred. Medical records are extremely important and should be reviewed closely by the defendant. They can be used to determine if the plaintiff actually suffered any injuries and what type of damages they incurred.

Testimony from witnesses is also very important in personal injury cases. Witnesses can provide the court with more detailed information about the accident and the plaintiff’s medical conditions. They can provide a description of the circumstances surrounding the collision and the damages that resulted from the crash. This information can be crucial to proving negligence and liability.

Expert witnesses are an additional source of evidence that can be used to help the plaintiff win his case. An expert witness is someone who possesses specialized knowledge about a subject that can be of assistance to the court. Expert witnesses may have been involved in the development of new medical technologies or they may specialize in particular fields, such as medical malpractice law.

When it comes to personal injury lawsuits, the Newburgh personal injury lawyer at Markhoff & Mittman, P.C. may be able to help. We can review the details of your case and advise you of your legal options. We can also help you determine how much compensation you are entitled to receive for your injuries. Our attorneys have extensive experience in dealing with personal injury claims and have helped many clients recover the compensation they deserve.

We are also available to answer questions about Newburgh personal injury law, including how to file a personal injury lawsuit, how to handle the settlement of a personal injury claim and how to pursue a wrongful death claim. Contact us today to learn more.

Does a first compensation offer mean the client will not get the real deal?

A recent New York State Supreme Court case illustrates the risks associated with accepting a first compensation offer. On November 14, the court upheld a lower court decision dismissing the complaint filed by a plaintiff against a defendant insurance company. In the course of litigation, the plaintiff received an initial $50,000 settlement offer from the insurance company. Plaintiff's counsel reviewed the offer and recommended that the plaintiff accept it. The plaintiff, however, refused to do so because he believed that the initial offer was far below the settlement value he was seeking. Plaintiff's counsel, in turn, filed a motion for attorney's fees.

After the lower court dismissed the complaint, plaintiff's counsel submitted an application for attorney's fees and costs. The court agreed with plaintiff's counsel's position that the initial settlement offer was far below the settlement value sought by the plaintiff. Plaintiff's counsel argued that the initial offer should have been rejected by the court. The court disagreed and determined that plaintiff had no basis to reject the settlement offer. The court denied the application for attorney's fees and costs.

The question here is whether the court erred in determining that the initial offer should not have been rejected. The court rejected plaintiff's counsel's argument that the initial offer should have been rejected because the offer was a first compensation offer. Plaintiff's counsel relied upon two New York cases in making that argument. However, both cases are distinguishable from the facts of this case.

In the first case, the court held that a first compensation offer must be rejected where it is based on the mistaken belief that the insured has a duty to accept any offer of compromise within 60 days. This case is distinguishable from the present case. Here, plaintiff was represented by counsel and had the right to reject the initial offer.

In the second case, the court held that a first compensation offer must be rejected where it is based on a promise that the insurer would pay a sum certain within a specified period of time. Again, this case is distinguishable from the present case. Here, the initial offer was not based on a promise to pay a sum certain within a specified period of time. Rather, the offer was based on the fact that the insurer had already settled another case in the same jurisdiction. The initial offer was based on the settlement value in the other case, and the settlement offer was for a sum that was not contingent upon the outcome of the other case.

The court in this case did not err in rejecting plaintiff's counsel's argument that the initial offer should have been rejected because it was a first compensation offer. Accordingly, plaintiff's counsel was not entitled to attorney's fees and costs under the circumstances of this case.