Personal Injury FAQs

After being injured in an accident, people often have many questions. Unfortunately, the answer to your question often depends on the facts of your case. However, below is some general guidance regarding commonly asked personal injury law questions.

For information specific to your situation, please contact my law firm, the Law Office of Brian W. Devane, Esquire, at 518-545-5954. My office is in Albany, and consultations are free.

What Is My Claim Worth?

If your injury resulted in medical bills and forced you to miss work, you are probably wondering how you will pay your bills and support your family. Without a thorough analysis of your situation, I cannot tell you how much your claim is worth. In general, I pursue reimbursement for all medical costs and property damage, reimbursement for lost wages and any reduction in your ability to earn a living in the future, and compensation for your pain and suffering.

What Are The Stages In A Personal Injury Claim?

To recover in a personal injury claim, you must show the other side was negligent, and that his/her negligence was the cause — or a substantial factor — of the accident. Once that has been established, you have to prove you sustained injuries, and that your injuries were caused by the accident.

When you come to my firm, you will have a team of people working on your case. I have investigators and engineers who I use to help prove negligence and causation. I will always work closely with you and your treating doctors to show the extent and severity of your injuries.

Should I Accept The Insurance Company's Settlement Offer?

When determining whether a settlement offer is fair, you must consider your injuries and the impact they have had on your life. But, you also need to look at the present day value of money. Litigation can take years to complete and is expensive — there is also some risk involved. It is important to do a cost-benefit and risk analysis before agreeing to a settlement. An experienced personal injury lawyer can help you with this evaluation.

What Is A Wrongful Death Claim?

In New York, the estate of a fatal accident victim can bring a wrongful death claim to recover compensation for the economic losses and the conscious pain and suffering of the victim.

Economic losses include funeral expenses, medical bills incurred prior to death, wages lost from the time of injury to the time of death and the value of the support the deceased provided to his/her family. This includes the value of parenting and guidance to surviving dependent children and loss of inheritance.