While the state does not currently require licensed medical professionals to maintain malpractice insurance coverage, most individual practitioners and healthcare facilities voluntarily purchase this type of coverage. This means that seeking compensation for harm caused by medical malpractice will often entail negotiating a settlement with an insurance company.
Talking to insurance companies in Long Island medical malpractice cases is something you need to be prepared for as much as possible before actually filing suit. Here are a few tips to help you during this part of the case process, all of which a malpractice attorney from our team can discuss in further detail during a confidential consultation.
You should always be honest when speaking to insurance representatives in Long Island about your physical condition and about what negative effects your malpractice-related injury is having on your life. With that being said, you should also refrain from providing extra information that an insurance adjuster does not specifically ask for, especially if it would involve you speculating about complex medical matters.
It may seem ridiculous at first for someone to think you are to blame for your doctor negligently injuring you, but that is something the insurance company will investigate as a possibility during a claim. You should be very careful not to imply that you have skipped medical appointments. You should also be careful not to speculate that you could have done something differently while seeking initial treatment when you are talking to insurance companies.
Insurance adjusters will not necessarily set out to be adversarial when investigating malpractice claims in Long Island. However, their employers will expect them to chase every detail and gather as much information as possible to determine what liability the insurance company holds for your injuries. It is not uncommon for insurers to request Independent Medical Exams as part of this process, which your legal representation can help you understand and prepare for.
If an insurance company involved in a Long Island medical malpractice case believes their policyholder is likely liable for malpractice, they may offer you a settlement quicker than you originally anticipated. While this first offer is not guaranteed to be a bad one, you should always review it with a legal professional before signing off on anything related to it. This is because it may not cover all the long-term losses that you can reasonably expect your injury to cause you.
Talking to insurance companies in Long Island medical malpractice cases can be intimidating, even if you have strong grounds for your lawsuit. Fortunately, it is also one of many aspects of the case process that our team can ensure goes as smoothly and successfully as possible for you.
Whether you are still exploring your legal options or ready to start pursuing a claim, a member of the Duffy & Duffy team can provide you with custom-tailored guidance to help protect your best interests. Call us today for a consultation.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.