• How do I know if I have a case?
• How much is my case worth?
• How much do you charge?
Also see description of "Contingency Fees"
• What should I do if I'm injured in a car crash?
• Do I have to speak with my insurance company?
Also see
"My Insurance Company Says I Don't Need a Lawyer"
• Why do I need a lawyer if I'm injured?
• Can I settle my case on my own without an attorney?
• What if I'm the injured party and I don't want to sue?
• Are there time limits involved in making a claim for personal injuries?
• What is New York's no-fault insurance?
Also see more detailed description of "No-Fault Personal Injury Protection
(PIP)"
• What is the "serious injury requirement" of the no fault law?
• What is "bodily injury insurance" coverage?
Also see more detailed description of "Bodily Insurance Coverage"
• What is "underinsured motorist" coverage?
Also see description of
"Supplementary Uninsured/Underinsured Motorists (SUM) Coverage"
• How do I know if I have a case?
Its impossible to answer this question without knowing all of the facts and circumstances involved. Each case depends upon the specific facts involved. Generally, if you can show that the party responsible was negligent in causing your injuries then you may have a claim against that party for the amount of damages you have sustained.
If you think you have a claim and want some feedback, please use the "Request a Case Analysis" feedback form.
There is no formula or process by which an attorney can predict with certainty the amount of money a person is entitled to receive, especially where damages are awarded for subjective elements called 'pain and suffering' and 'loss of enjoyment of life.' However, our office will usually have a pretty good idea of a reasonable settlement range after your medical condition has stabilized, and your medical records have been obtained. We rely on such factors as the extent and permanency of your injuries, the effect your injuries have had on your life, the amount and duration of your medical treatment. Ultimately, the value of any given case is determined by the jury's verdict after a trial on the merits.
We charge a 33% contingency fee of whatever sum we are able to recover for an injured party. If there is no recovery, there is no legal fee. Under a contingent fee arrangement, an attorney may handle a personal injury claim in exchange for a percentage of the amount recovered by the injured person in a settlement or jury verdict.
Contingency fee agreements are designed to give people with serious injuries - but who cannot afford to pay an attorney's hourly rate - an affordable way to seek full and fair compensation for their injuries.
Contingency fees - which are paid only if the case is won or settled - are an uncertainty for attorneys. If there is no recovery for the client, the lawyer receives no legal fee.
Also see description of "Contingency Fees"
• What should I do if I'm injured in a car crash?
Many personal injury cases can be settled quickly if basic information and evidence is obtained in the minutes and hours immediately following an injury.
Following these steps does not obligate you to file a lawsuit. They can help you protect your rights, while leaving keeping your legal options open.
Checklist:
* Notify police immediately.
* Ask for a copy of the police report.
* If you or someone in your car sustains an injury, seek medical attention
immediately.
* Write down names, addresses, phone numbers and license plates numbers
of people involved including, passengers and possible witnesses. Don't
count on police or others to do this for you.
* Have someone you know take pictures of the accident scene, and of the
injury if possible.
* Notify your insurance company.
* Don't assume that you know your rights. Seek legal advice.
• Do I have to speak with my insurance company?
You must cooperate fully with your own insurance company as part of your insurance contract. You should have NO contact with the company for the other party. Insurance adjusters are trained to record statements that will protect the insurance company, while minimizing your injuries and ultimately damaging your ability to make a claim.
Also see "My Insurance Company Says I Don't Need a Lawyer"
• Why do I need a lawyer if I'm injured?
If you are seriously injured, a good lawyer will work to obtain FULL and FAIR compensation for your injuries. Insurance companies know they can settle cases with unrepresented people for less than 10 percent of the case's full value. They can also drag a case well into the future because they know that the passage of time helps them defend their case.
In a typical two-car accident there are usually at least three different types of insurance coverage available to compensate people for their losses. Sometimes there are several policies that can be utilized to compensate people for their past and future economic loss, and pain and suffering. The defendant's insurance company isn't obligated to reveal all of the available insurance coverage to you. A well trained injury lawyer will work hard to find out what coverage is available, and will fight to get you the maximum available to you considering the circumstances of the injury.
• Can I settle my case on my own without an attorney?
If people could were able to successfully settle their claims for FULL and FAIR value, we wouldn't need lawyers. Since there is no formula for determining the value of a given claim, the experience of a qualified Attorney is essential is getting full and fair compensation from the insurance company.
In fact, recent internal memorandums from major insurance companies have reportedly admitted that claims can be settled for .10 cents on the dollar when the injured person is not represented. It is the job of every insurance adjuster to protect the assets of their company. It is the job of a personal injury attorney to fight to protect the rights of the injured person.
• What if I'm the injured party and I don't want to sue?
If you are injured in an auto accident due to someone else's negligence, you may be able to make a claim against that other person's auto insurance policy for bodily injury and property damage liability without any court action. In many cases, this insurance is paid to injured people without ever filing a lawsuit.
• Are there time limits involved in making a claim for personal injuries?
Yes. In most negligence injury cases the Statute of Limitations is 3 years from the date of injury. However in many cases the Statute of Limitations is far shorter.
For example certain documents must be filed within 90 days of an accident if a municipal agency is involved. If a Notice of Claim is not prepared and served upon certain defendants, or their representatives, a claim can be barred from any further legal action. Those time limits are especially true in cases where a town, city, county or state worker has been negligent, or when a public teacher or public transportation driver is involved in an injury matter.
Statutes of limitations are different from case to case, and they are
different for children or incompetent people. Consult an attorney if you
do not know the appropriate Statute of Limitations in your potential case.
Remember is a lawsuit is not commenced before the Statute of Limitations
is over, you will be forever barred from making a claim for your injuries.
• What is New York's no-fault insurance?
No-Fault Insurance, also called Personal Injury Protection (PIP), will pay for actual economic losses (meaning medical expenses, lost earnings, and other reasonable and necessary expenses), up to $50,000 per person, to anyone injured in your car and to pedestrians injured by your car in an accident.
Under the No-Fault Law, payment must be made promptly--without regard to who may have been at fault or whether there was any negligence.
The purpose of No-Fault insurance is to restore individuals hurt in auto accidents to health and productivity as swiftly as possible.
Also see more detailed description of "No-Fault Personal Injury Protection (PIP)"
• What is the "serious injury requirement" of the no fault law?
Under New York's No-Fault law, you can only bring a lawsuit due to auto accidents for: - A serious injury and/or economic losses exceeding basic economic loss as defined by the New York Insurance Law.
To recover money damages for "non economic losses" (such as: conscious pain and suffering, loss of consortium, ability to enjoy life and emotional distress), an injured person must sustain a "SERIOUS INJURY". The New York Insurance Law defines a serious injury as a personal injury that results in one or more of the following:
* Death;
* Dismemberment;
* Significant disfigurement;
* A fracture;
* Loss of a fetus;
* Permanent loss of use of a body organ, member, function or system;
* Permanent consequential limitation of use of a body organ or member;
* Significant limitation of use of a body function or system; or
* A medically determined injury or impairment of a non-permanent nature
which prevents the injured person from performing substantially all of
the material acts which constitute such person's usual and customary daily
activities for not less than 90 days during the 180 days immediately following
the occurrence of the injury or impairment.
• What is "bodily injury insurance" coverage?
Bodily Injury coverage protects you from a lawsuit if you seriously injure someone with your vehicle.
Bodily Injury coverage protects you (and anyone driving your car with your permission) if another person, claiming that you caused their serious injuries, makes a claim or lawsuit against you. If your car is involved in an accident that results in a serious injury or death to another person, your bodily injury insurance coverage can protect you against a lawsuit. You cannot collect bodily injury insurance if the accident was your fault.
In addition, your insurance company must provide you with a legal defense against such claims, without reducing your policy's liability limits.
Also see more detailed description of "Bodily Insurance Coverage"
• What is "underinsured motorist" coverage?
Supplementary Uninsured/Underinsured Motorists (SUM) Coverage: You may be able to collect money damages from your own auto insurance policy if you are injured by an uninsured or underinsured driver.
One of the basic coverages in your auto insurance policy protects the people in your household if they suffer a bodily injury due to the negligent actions of an uninsured or underinsured motorist. The coverage is commonly called, "un-insurance" or "under-insurance". These types of coverage also protect injured pedestrians in your household, and people injured by hit and run drivers.
Many people expand this basic protection. For a small additional premium, you can purchase Supplementary Underinsured Motorists (SUM) coverage of up to $250,000 per person per accident and $500,000 per accident. The amount of SUM coverage may not exceed the bodily injury liability limits of your policy.
If someone else's negligent act leads to a serious injury in your family, you can guarantee that you'll be protected. If the other vehicle is insured but with bodily injury liability limits lower than the limits on your policy, SUM coverage can be activated if you've purchased it.
You may have a claim for SUM benefits under your own policy. If you make a SUM claim, your own carrier has the right to use all defenses that the other driver may have had against you. A SUM claim essentially creates an adversarial relationship between you and your own insurance carrier. Thus, it may be wise to retain experienced counsel when asserting a SUM claim. As can be expected, your own carrier will NOT be looking out for your interests (even though you are its own insured!). Instead, your carrier will be looking for ways to pay out as little money as possible. In the event you do not have SUM coverage, you may have no other practical means of obtaining compensation for your injuries. This is why we strongly recommend the purchase of inexpensive Supplementary Underinsured Motorist (SUM) coverage to provide protection against the majority of drivers who fail to properly insure their vehicles. You should have SUM policy limits of at least $100,000 or more. Consult your insurance agent for rates.
Also see description of "Supplementary Uninsured/Underinsured Motorists (SUM) Coverage"