If you’ve been injured in an accident anywhere in New York—whether it’s a car crash, a slip and fall, or another type of personal injury—your first instinct might be to deal with the insurance company on your own. After all, it may seem straightforward, especially if the other party was clearly at fault.
Hi, I’m Scott Peterson, attorney at D’Orazio Peterson, a law firm based in Saratoga Springs that represents a select number of severely injured clients throughout New York State, including the Capital Region.
One of the most common questions I hear is:
“Do I really need a personal injury attorney to handle my insurance claim?”
The short answer:
✅ Yes — for small, clear-cut claims.
❌ No — for more serious or complex injury claims.
Let me explain why.
1. The Deck Is Stacked Against You
Insurance companies are not neutral. They hold all the cards in a claim, including the power to decide:
- Whether to pay you at all
- How much they’re willing to offer
If you’re unrepresented, they’re under no real pressure to negotiate fairly. Why? Because without an attorney, you have little leverage. You can threaten to sue, but they know most individuals won’t follow through—or won’t know how to. Meanwhile, the person on the other end of your claim is a professional negotiator who has handled hundreds or thousands of claims and whose job is to minimize your payout.
Even when you’re lucky enough to get a cooperative adjuster, you still need to present a solid settlement demand with proper documentation to back it up. Most people don’t know what to include, how to organize it, or how to negotiate persuasively.
2. You May Not Know What Your Claim Is Worth
Understanding the full value of your claim is critical. Without this knowledge, you’re more likely to accept a low-ball offer from the insurance company.
This is a common tactic—especially in New York, where adjusters know many claimants are unrepresented. They’ll start with a low number, hoping you’ll take it just to move on. Even if you try to negotiate, they may only raise their offer slightly unless you have evidence and legal backing to demand more.
An experienced personal injury attorney knows how to calculate the true value of your claim, including:
- Medical bills (past and future)
- Lost wages
- Pain and suffering
- Long-term disability or rehabilitation costs
3. Gathering and Presenting Evidence Is Harder Than It Looks
Insurance companies only pay claims that are supported by hard evidence. And they often look for reasons not to pay:
- They may claim you were partly at fault
- Blame your injuries on a pre-existing condition
- Suggest a mechanical failure, not human negligence, caused the accident
Can you prove otherwise on your own?
An experienced personal injury lawyer can help you gather the right medical records, accident reports, witness statements, and expert opinions to fight back.
What Should You Do If You’re Injured in New York?
If your injury is serious or your case is complicated, trying to go it alone could cost you more than it saves. The insurance company is not on your side—and the system is built in a way that favors them.
At D’Orazio Peterson, we’ve helped clients across Saratoga Springs, Albany, Schenectady, Troy, and throughout New York get fair compensation for serious injuries.
👉 If you’re looking for experienced, knowledgeable, and compassionate legal support after an accident, contact us today. We’re here to help you navigate your claim, protect your rights, and maximize your recovery.