Putting together a car accident claim that actually yields a payout is neither easy nor straightforward. In addition to gathering sufficient evidence of both liability and damages, for example, you must avoid making critical mistakes from day one—and when it comes to personal injury proceedings, there are more than a few ways to jeopardize the outcome inadvertently.

Let’s take a look at some of the most common mistakes that car accident claimants in the wake of a wreck:

1. Postponing Treatment

It’s not uncommon for car accident victims who are able to walk away from the scene to put off seeing a doctor. After all, they have enough to do already.

Even if you feel relatively fine in the aftermath, though, it’s essential that you undergo a comprehensive evaluation as soon as possible. From whiplash to internal bleeding to brain damage, there are a number of impact injuries that can have latent symptoms. And without prompt treatment, serious complications can arise.

If it turns out you did get hurt, visiting a doctor right away will also ensure there’s a link between the accident in question and your injuries. This will make it considerably easier to prove causation during the claims process.

2. Ignoring Doctor’s Orders

Once you do seek care, make sure to follow your doctor’s orders. If you’re instructed to take it easy, for example, don’t return to a physically demanding job. Otherwise, the liable party may be able to argue that you failed to mitigate at least some of the damages, thereby reducing their own share of responsibility.

3. Remaining Active on Social Media

Since the claims adjuster will probably monitor your online activity, it’s best to stay off social media as long as your case is pending. At the end of the day, there’s no way to keep the liable party’s insurer from using your posts against you. Even seemingly innocuous photos or statuses could lead them to challenge the severity of your damages.

If disabling your accounts temporarily is not an option, you can at least reduce the risk of jeopardizing your claim on social media by:

• Changing your privacy settings so only approved connections can see what you publish;
• Filtering all new requests and denying those that are from people whom you don’t actually recognize;
• Not posting about the accident, your injuries, your social life, or your expenditures;
• Not “checking in” to public places; and
• Asking friends and loved ones to avoid tagging you in their own posts.

Call 516-280-4716 to Discuss Your Case with a Long Island Car Accident Attorney

If you were struck by a drunk, distracted, or otherwise reckless driver, contact PascaleLaw. We’ll use all the resources at our disposal to help you pursue the compensation you deserve.

By letting us handle the logistics of your claim, you can focus on more important matters, like your health and your family. Call 516-280-4716 or use our Online Contact Form to set up a free consultation with a car accident lawyer in Long Island.

If you were recently hurt in a car accident and you intend to take action against those who were liable, it’s wise to stay off social media. While it’s probably tempting to turn to your friends and followers online for support and encouragement, doing so could jeopardize your chance of building a strong personal injury case.

Insurance adjusters will often monitor online activity in an attempt to find cause to challenge the claims they review. Since there’s no way to be sure how they’ll interpret what you post, it’s best to avoid publishing anything at all until your case has been resolved.

If deactivating your social profiles temporarily isn’t an option, you can protect your claim by following these tips:

1. Set Your Profiles to “Private”

Review the settings on each profile, and toggle the privacy option so only approved friends and followers can see what you post. While the insurance adjuster may still be able to view some posts through third-party connections, this will provide an added layer of protection.

2. Filter All New Requests

Once your profiles are no longer public, you’ll have to approve all new friends and followers manually. When doing so, make sure not to approve any requests from people whom you don’t actually recognize. If they work for the insurance adjuster, they may simply be trying to gain access to your posts so they can use them to challenge your credibility.

3. Scrutinize Everything You Intend to Share

Before publishing a status, photo, or video, scrutinize it closely. Is there any way it could be used against you during the claims process? If so, you should avoid posting it altogether.

You should make a concerted effort to avoid posting anything about:

• The accident in which you were hurt;
• The direction in which you intend to take your case;
• The injuries you sustained;
• The progress of your recovery;
• Your expenditures; or
• Your social life.

4. Avoid “Checking In”

“Checking in” to public places will essentially leave a trail for the insurance adjuster to follow. Even seemingly innocuous check-ins, like those at parks and restaurants, could lead the opposing party to challenge your claim. Therefore, it’s wise to stop checking in as long as your case is pending.

In that same vein, ask your family and friends not to tag you in their posts. Remind them of your claim, and request that they not post any photos or videos of you that they happen to take.

Speak with a Long Island Car Accident Lawyer

If you were seriously injured in a vehicular accident through the fault of someone else, contact PascaleLaw to determine how best to proceed. Our law firm has earned a 10.0 rating from Avvo and an AV-Preeminent rating from Martindale-Hubbell.

By letting us handle the logistics of your claim, you can focus on making a full recovery and taking care of your loved ones. Call 516-280-4716 or use our Online Contact Form to set up a free consultation with a car accident attorney in Long Island.

Drowsy driving is a common cause of large truck crashes. The demands of operating a big rig in traffic for hours on end are enough to leave even the healthiest individuals fatigued; however, that doesn’t excuse truckers who fall asleep behind the wheel.

If you were hurt in a truck accident caused by fatigue, you may be entitled to compensation for the resulting damages. You’ll have to build a strong personal injury claim first, though, which can pose a challenge.

Read on for the answers to a few frequently asked questions about proceeding in such a scenario:

1. How Can I Prove Drowsy Driving Was to Blame for the Wreck in Which I Was Hurt?

A resourceful attorney should be able to gather plenty of evidence that proves the trucker who struck you was fatigued at the time. While the strongest evidence inevitably varies from case to case, it usually includes some combination of the following:

• Black box data;
• Eyewitness testimony;
• The official police report;
• Driving logs;
• GPS records;
• Timestamped bills of lading;
• Dash cam footage;
• Surveillance recordings;
• Toll booth receipts; and
• Cell phone records.

2. What Kinds of Damages Might Be Recoverable Following a Truck Accident?

New York tort law allows truck accident victims to seek compensation for both the economic and non-economic damages that they incur. Such damages might include:

• Past medical bills;
• Anticipated health care expenses;
• Home care;
• Property damage;
• Alternative transportation;
• Lost wages;
• Loss of future earnings;
• Home and vehicle modifications;
• Domestic help;
• Child care;
• Replacement services;
• Mental anguish;
• Loss of enjoyment in life;
• Physical impairment and disfigurement; and
• Pain and suffering;

Depending on the severity of your injuries, your spouse may also be entitled to compensation for loss of consortium. This encompasses the loss of support, services, love, affection, companionship, and sexual intimacy he or she must cope with as a result of your condition. If warranted, your attorney can help your spouse proceed with such a claim.

3. Is the Trucker Always Liable for Drowsy Driving-Related Accidents?

Generally speaking, truckers are only liable for the accidents they cause if they happen to be independent contractors. If they’re considered employees, on the other hand, the motor carrier that hired them will likely be responsible. That means if the trucker was acting within the scope of their employment when the crash occurred, you should be able to bring a third-party claim against the motor carrier’s insurer because of a doctrine called “vicarious liability.”

Call 516-280-4716 for a Free Consultation with a Long Island Truck Accident Attorney

If you were seriously hurt in a truck accident caused by a drowsy driver, contact PascaleLaw to determine how best to proceed. Our compassionate team will fight tirelessly for the compensation you deserve.

By letting us handle the logistics of your case, you can focus on more important matters, like making a full recovery and taking care of your family. Call 516-280-4716 or use our Online Contact Form to set up a free consultation with a truck accident lawyer in Long Island.

If you were recently involved in a motor-vehicle collision, your financial security may very well be in jeopardy. In addition to dealing with mounting medical bills and the cost of reasonably necessary replacement services, you may be facing weeks—or even months—of missed wages.

Thankfully, car accident victims are generally entitled to seek compensation for the damages they incur at the hands of others. In order to recover a payout, though, you’ll have to put together a strong claim that includes sufficient evidence of both liability and damages.

Naturally, the most valuable evidence will depend on the circumstances surrounding the wreck. Chances are, however, that it will likely include some combination of the following:

1. The Official Police Report 

Responding officers will draft an official report detailing their impressions of the scene. If they suspect the other motorist was drunk, drowsy, or distracted, for example, they will note as much in the document. While this does not constitute irrefutable evidence of fault, it could contribute to the strength of your claim.

2. Eyewitness Deposition 

Statements from passengers who were involved, motorists who were passing, and pedestrians who were in the vicinity at the time of the wreck can shed some light on what happened. If you were unable to obtain their contact information at the scene, your legal team may be able to get it from the responding officers.    

3. Video Footage 

According to sevafirm.com, footage from surveillance cameras in the area or dash cams on the surrounding vehicles could prove invaluable when it comes to determining fault. It’s important to request such footage as soon as possible, however, because the owners are under no obligation to retain it indefinitely.

In that same vein, accident reconstruction experts may be able to determine what happened by evaluating images of the wreckage. If you photographed the scene before leaving, give the images to your legal team, who will pass them on to their experts. 

4. Toxicology Reports 

Police most likely conducted chemical tests at the scene or shortly thereafter. If impairment contributed to the wreck, the results of these toxicology reports should help you prove liability.

If turns out drunk or drugged driving was to blame, you may be entitled to a punitive award in addition to the standard compensatory damages. In New York, personal injury claimants may seek punitive damages if the defendant’s conduct constituted wanton recklessness. 

5. Medical Records 

Even after gathering considerable evidence of liability, your claim is only half complete. In order to recover a payout, you’ll also have to prove that you incurred actual damages as a result of the accident. You may be able to do so using medical records, diagnostic images, and hospital bills.

To further bolster your case, save all relevant receipts and invoices for injury-related expenses like replacement services, property repairs, and home and vehicle modifications. You should also start a personal injury journal in which you track your recovery. These entries will help prove non-monetary losses like pain and suffering. 

Call 516-280-4716 to Discuss Your Case with a Long Island Car Accident Attorney

If you were seriously hurt in a motor-vehicle collision through no fault of your own, contact PascaleLaw. Our law firm has earned a 10.0 rating from Avvo and an AV-Preeminent rating from Martindale-Hubbell. Call 516-280-4716 or fill out our Contact Form to schedule a free consultation with a car accident lawyer in Long Island.

If you sustained a traumatic brain injury (TBI) in some kind of preventable accident, your family may be entitled to compensation for the associated damages. As long as you can determine—and prove—liability for the incident in which you were hurt, you have a case.

That doesn’t necessarily mean, however, that you’re automatically entitled to a payout. In order to secure a satisfactory settlement or verdict, you’ll have to put together a strong personal injury claim—and then avoid making critical mistakes over the course of the proceedings.

Remaining active on social media is one of the most common mistakes that personal injury claimants make. If disabling your accounts temporarily is not an option, you can at least avoid jeopardizing your case inadvertently by taking the following steps:

1. Adjust Your Privacy Settings 

Once you publish something on the world wide web, there’s no foolproof way to contain it. You can ensure an added layer of protection, however, by adjusting your privacy settings so only approved connections can view your posts. Make sure to update the privacy settings on every profile you maintain and not just those that you use daily.

2. Filter Any New Requests 

As long as your brain injury case is pending, do not accept friend or follower requests from anyone whom you don’t know. The claims adjuster may not attempt to connect with you directly because you’ll likely recognize his or her name; however, someone from his or her office might try to connect in the hopes that you accept requests from strangers. 

3. Avoid Posting Anything That Could Be Used Against You 

At the end of the day, there’s no way to predict how the claims adjuster might misinterpret—or misrepresent—the images and videos you publish online. Even seemingly innocuous posts, like photographs of dinners out with friends, could hurt your case.

If the picture was taken at a fancy restaurant, for example, the opposing party might use it to challenge the claim that your financial security has been threatened as a result of your injury. And if you’re surrounded by smiling individuals, they might use the photo to demonstrate the fact that the TBI hasn’t actually hurt your quality of life.

Until your case has been resolved, it’s advisable to avoid posting on social media about:

• Your injuries;
• Your recovery;
• Your social life; or
• Your expenditures.

You should also avoid “checking in” to the places you visit. Finally, ask friends and loved ones to avoid tagging you in their own posts for optimal privacy.

Speak with a Long Island Brain Injury Attorney Today 

At PascaleLaw, we understand the physical, emotional, and financial toll that a TBI can take on the whole family. If you’re living with a traumatic brain injury because someone failed to act with reasonable care, our tireless team will help you seek the compensation you need to make your life whole again. Call 516-280-4716 or fill out our Contact Form to schedule a free consultation with a brain injury lawyer in Long Island.