What Are Your Rights After Suffering an Injury?

If you have been injured, you should be aware of your legal rights before you take steps. A Nassau County personal injury attorney explains.

Right to Medical Treatment

No matter whether your injury is minor or more serious, you have the right to medical treatment. It’s a very good idea to take advantage of this right, not only for the medical care, but also for medical documentation of the injury. Medical documentation can be very useful down the road if you need proof of your physical condition or proof of the expense due to the injury.

Right to File a Personal Injury Claim

If the injury has caused you to miss work, either temporarily or permanently, you are entitled to file a personal injury claim to seek compensation for the lost wages. You may also be able to seek compensation for the pain and suffering caused by your injury, such as the impact on your quality of life or the emotional toll on you and your family.

Keep in mind that the right to seek compensation is not a guarantee that you will receive it. However, you do have the right to file a personal injury claim with the insurance company of the party responsible for your injury.

Right to File a Lawsuit

If you are unable to obtain a settlement through an insurance claim, you have the right to file a lawsuit to pursue compensation. This is generally a last resort after all other options have been tried. In personal injury lawsuits, the burden of proof will be on you to demonstrate that the defendant was responsible for your injury. Witness testimony, evidence such as medical documentation, or expert opinions may all be necessary to prove who was at fault and, therefore, who is entitled to compensation.

Right to Legal Representation

You have the right to hire a lawyer to help you. It might be tempting to think you can handle an injury claim or lawsuit by yourself, but a an experienced attorney will improve your chances of receiving a favorable settlement. Someone who knows the laws and regulations related to personal injury law will know how to work through the process and how to negotiate effectively with the other party, if that becomes necessary.

Right to Appeal a Decision

If your injury claim with an insurance company or a lawsuit before the court is not successful, you have the right to appeal. For an insurance claim, there is generally a specific appeals process for each insurance company. For a lawsuit, there is an appeals process for challenging the court’s decision and requesting that your case be reevaluated. Of course, the right to appeal is not a guarantee of a favorable outcome, but you do have the right to submit an appeal.

If you are suffering from an injury due to someone else’s negligence, reach out to Miller, Montiel & Strano in Garden City, NY.

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