Frequently Asked Questions (FAQ's)
Providing Guidance and Representation for Personal Injury, Criminal Law and Traffic Violations since 1992. Experienced Legal Representation in Personal Injury, Criminal Cases, and Traffic Violations in New York State.
About Personal Injury
Why do I need an attorney?
Your attorney will protect your rights. The police and courts have no obligation to protect your interests. I do, and I will protect your interests.
Why should I hire a lawyer as soon as possible after my accident?
You should not speak to anyone after the accident. The other insurance company will try to get a statement from you, and you need your lawyer to intercede on your behalf. I need to preserve evidence, and often use an accident re constructionist who is trained how to observe and mark the roadway and preserve evidence that can enable you to win your case and obtain the best recovery as possible.
Is it important to meet with your lawyer right away after the accident?
Yes, I need to evaluate your medical condition and be aware of all of the obstacles and impediments you will have to deal with on a daily basis.
How do my medical bills get paid?
In a motor vehicle accident your medical bills get paid by the No-Fault provider (the insurance company of the car you are in). There may be additional coverage for medical bills if you own a vehicle or reside with someone that has another vehicle.In a slip and fall case, you will mostly likely have your insurance pay the medical bills. There is no longer a right to seek recovery for medical bills unless you are on medicaid or medicare.
How do I know if the negligent party has enough insurance?
We immediately demand the policy limits of the negligent party, if they do not have enough insurance, you may have under-insured insurance that covers you in an automobile accident.
What type of injury satisfies the "serious injury” threshold requirement?
Death, dismemberment, significant disfigurement, fracture, loss of a fetus, significant or permanent limitation or loss of use of a body, function, or system, impairment/injury of a non-permanent nature that prevents the victim from conducting his or her usual and customary daily activities for a period of at least 90 days during the 180 days immediately following the accident. We will monitor your medical care and treatment to advise you whether, in our opinion, your injuries qualify as "serious” under the New York State Insurance Law.
How can I determine possible insurance coverage to maximize my personal injury recovery?
One false step in the process can cost you. Our legal team will research those complex insurance coverage aspects of your case to ensure that you get the compensation you deserve.
What type of injury qualifies for pain and suffering in a car accident case in NY?
To win a car accident lawsuit, you must show a "serious injury. Certain injuries qualify easily, such as fractures. Other injuries, such as whiplash, are more complicated. The three major categories of serious injury in car accident lawsuits are; Significant Limitation, Permanent Consequential Limitation, and "90/180” – If you miss 90 days of work in the 180 days following the car accident, on your doctor’s instruction, that usually qualifies. There are other ways to qualify, but that is the most common for this car accident serious injury category.
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What is underinsurance?
If the negligent party has only $25,000 in coverage, and you have a $100,000 underinsured coverage, you can obtain $25,000 from the negligent party and up to $75,000 from your insurance carrier (which is $100,000 minus the $25,000 that the negligent party pays). Consent from the underinsured insurance company is required.
How long with it take my personal injury case to be resolved?
It depends upon the circumstances and insurance coverage, and the severity of your injuries. Some cases can be settled in a few months, others take significantly longer. I try to get cases resolved quickly, however sometimes that is difficult.
What is arbitration?
Generally it is hiring a retired Judge to hear your case in one day. Both sides agree to certain facts and can agree to limits both on the high and low side so that you are guaranteed something, and the insurance company can cap their exposure.
What is mediation?
Generally, it is hiring a retired Judge to hear your case, and try to get both sides to agree to a recovery. The Judge tries to work out a resolution, but he cannot force a resolution.
Does No-Fault insurance reimburse you money for your pain and suffering?
No. Here in New York, in order to recover for pain and suffering after you have been injured in an auto accident, you must have sustained a "serious injury” as defined by the Insurance law.
Can I make a claim against my own automobile policy if I am the victim of a hit and run, or am struck by a driver that was either uninsured or under-insured.
Yes, in fact, if you were injured while a pedestrian or an occupant of a vehicle that you did not own, you may be entitled to additional insurance coverage under any insurance policy applicable to a vehicle that you own, or that of a vehicle owned by a resident relative of your household.
How long with a personal injury suit last?
After a lawsuit begins, there are discovery proceedings that take several months. We also need to collect all the medical records, and make sure you have recovered or reached the maximum level of recovery. Depositions are very likely. We will try to force the party responsible to admit what they did wrong. Then we may be able to move for summary judgment on liability and force the responsible party to pay for your damages.
What is No-Fault Insurance?
If you’ve been hurt in a car accident in New York State there are laws that protect you if you were injured. This "No-Fault insurance” law means that if you were injured, either in a car or as a pedestrian, you are automatically entitled to recover medical expenses and lost wages, among other monies from either the insurance company covering the vehicle you were in or from the vehicle that hit you.
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If you or a family member have questions about personal injury, criminal cases, traffic tickets, or any other legal service, please call our office, contact us by email, or fill out the form below.
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Copyright © 2022 All Rights Reserved.