FAQ’s

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What Can A Personal Injury Lawyer Do For Me?

The time for filing a claim to recover damages for a personal injury can be extremely limited. Regardless of your situation or your age, an experienced personal injury lawyer can help you investigate the basis of your claim and ensure that your claim is filed in a timely manner, enabling you to eventually recover any and all damages that you have suffered as a result of the wrongful acts of another

How Long Will My Personal Injury Lawsuit Take?

It’s difficult to determine how long it will take to resolve a personal injury lawsuit because each case is unique.  A personal injury lawsuit may settle in as little as a few months without the need for a trial, while others can take years to complete.

What Do I Do After I Am Involved In An Accident?

As soon as you can reach a telephone, call 911 and request an ambulance or fire truck if needed.  Inform them of your location and briefly explain the situation.  If you cannot reach a telephone or do not have a telephone, attempt to flag down passing vehicles or pedestrians walking on the street.

What Should I Do At The Accident Scene?

The most important thing you can do after an accident is gather as much information as possible.  This includes writing down:

• The other driver’s name, address, date of birth, and telephone number.
• Their driver’s license number and expiration date.
• Their insurance company.
• The other car’s make, year, model, license plate number and expiration date, and vehicle identification number (“VIN”).
• If the driver is not the owner, you will need to get the owner’s name, address, telephone number and insurance company.
• The names, addresses, and telephone numbers of any passengers in the other car.
• The name, address, and telephone number of any witnesses to the accident. If they are unwilling to stay, ask them what they saw and write it down.
• If there was someone at the scene that will not give you his or her name, just write down his or her license plate number. The police officer can trace the owner’s name and address.
• Make a simple diagram of the accident. Please note if there were any skid marks on the road.
• If you have a camera with you, take pictures of the scene. The camera on your cell phone will do.
• Take notes on the road and weather conditions. If the accident happened after dark, were the streetlights on?
• Estimate how fast you were going, as well as the other driver. Be sure to note the exact time and place the accident happened.

What Should I Do After I Am Injured By The Wrongful Conduct Of Another?

• Seek medical attention immediately and document your claims as thoroughly as possible
• Your time to sue is limited; contact a personal injury lawyer ASAP

INSURANCE COMPANY QUESTIONS

 

Am I Responsible To Pay For My Injuries Or Damage To My Car?

If you are not at fault, then the other driver’s insurance company will pay for your personal injuries and car damage.  If you are at fault for causing the accident, your insurance company will be responsible for paying for the other party’s personal injuries and car damage up to the maximum amount of your policy.

NO FAULT

What Is No Fault?

No-fault is mandatory insurance coverage under the insurance policy of the New York vehicle you are in at the time of an accident.  It may also be available to pedestrians struck by a vehicle. No-fault coverage is designed to pay for your lost wages and medical expenses up to a maximum of $50,000.  However, any additional recovery, such as for pain and suffering, must be sought in court. Under the no-fault law, if you were in an auto accident, you are permitted to sue a driver to seek damages for pain and suffering if you suffered serious and permanent injuries due to that driver’s negligence.

Do I Get No-Fault Benefits If I Caused The Accident?

YES.  No-fault insurance is available regardless of who caused the accident.

Who Is Not Covered?

In most cases, the following people would not be eligible for no fault coverage:

• Motorcycle drivers.
• Motorcycle passengers.
• If you are in your own uninsured vehicle, there is no coverage for you.
• If you occupy your spouse’s uninsured vehicle, there is no coverage for you.
• Non-New York residents may not be eligible for coverage. Ask us to help you determine if you qualify.

What If I Was Injured By A Motorist Who Doesn’t Have Insurance

New York law requires that all motorists carry uninsured motorist coverage. That means that if you have auto insurance, and you are injured by a motorist who does not have insurance, your uninsured motorist coverage will cover your injuries. If you do not have auto insurance (because you do not own a car), you will have to pursue a claim against the driver who injured you. If you do not know who injured you (i.e., you were the victim of a hit-and-run), or if the person who hit you is of limited means, you may seek recovery from the New York Motor Vehicle Accident Indemnification Company, which has established an insurance fund for the victims of uninsured motorists and drivers of stolen cars. However, your coverage under this plan is limited to $25,000 per accident.

SLIP AND FALLS

A slip/trip and fall case arises when a person is injured because a walking surface, interior or outside, contains a dangerous condition that causes a person to slip or trip and then fall or get knocked off balance.  A dangerous condition can be anything from water, ice, soap, holes, crack or any other related defects.

What Are The Elements Of A Slip/Trip And Fall Case?

If you are injured from a slip and fall because of a property owner’s dangerous condition, you will have to prove that the owner knew or should have known about the dangerous condition on his/her property and failed to properly fix it.  However, if the property owner does not have notice or could not have reasonably known about the dangerous condition, it can be very difficult to prove negligence on behalf of the owner.

You will also have to prove that the property owner’s negligence caused your injury.

MEDICAL MALPRACTICE

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, health care professional, hospital or other health care facility fails to care for someone in accordance with the accepted standards of the medical profession and that person is injured as a result.

The treatment can fall below the acceptable standard of care because of their mistakes, ignorance, lack of skill, negligence, misdiagnosis or other errors. The law holds doctors, nurses, and other medical professionals responsible for providing care at acceptable standards. When they deviate from those standards, they may be held accountable for medical malpractice.

What Are The Elements Of A Medical Malpractice Case?

In order to prevail in a medical malpractice case, you will need to show that:

• You were under the care of a physician;
• In the course of advising you, diagnosing you, or treating you, the physician failed to act as a doctor in the specialty should act; and
• As a result you were injured, became ill, or a condition or injury worsened.

If I Have A Bad Result From My Surgery, Do I Have A Malpractice Case?

In general, there are no guarantees of any medical results. Many surgeries can be performed correctly but end up with a bad result. To show malpractice, you need to prove more than just a bad result. You have to show that the bad result resulted from the doctor’s deviation from the appropriate standard of care for your condition. In other words, you would have to show that the doctor was negligent, and that his negligence caused your bad result.