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Frequently Asked Questions (FAQ)

What is a Personal Injury?

A personal injury is physical or mental harm to a person caused by another person's, company's or other entity's negligence. This type of injury may allow you to file a personal injury lawsuit against the at-fault party to recover monetary compensation. 

What types of personal injury cases are there? 

There are many types of personal injury cases. Some examples of personal injury cases include:

 

  • Motor vehicle accidents

  • Work accidents

  • Slip and Fall accidents

  • Medical malpractice

  • Construction accidents

  • Wrongful death

  • Dog bites

  • Product liability

  • And more

What are some types of injuries involved in personal injury cases? 

  • Death

  • Dismemberment 

  • Loss of a fetus 

  • Fractures

  • Traumatic Brain Injury (TBI) 

  • Neck Injuries

  • Back Injuries

  • Joint injuries (shoulder, wrist, hip, knees, foot and ankle) 

  • Burns 

  • Amputation

  • Internal organ damage

  • And more

What does a personal injury lawyer do?

A personal injury lawyer will pursue a case against the at-fault party who caused your injury to get you compensation. These cases typically involve seeking compensation for medical expenses, personal suffering, property damages, lost wages and other things arising from the victim’s injury. Once retained, a personal injury lawyer will advise, set up your claims with the insurance companies, and fight to get you compensation. In most cases, a personal injury lawyer will seek to negotiate a settlement. If the settlement amount is not reasonable, given the facts of your case and injury, a personal injury lawyer should be prepared to take your case to court.

How much does it cost to hire a personal injury lawyer?

At our personal injury law firm, you do not pay anything upfront for us to begin processing your case. We only get paid if we win your case and get you compensation for your injuries. We will handle your case on a contingency fee basis. A contingency fee is a form of payment our firm receives if we win your case through a settlement or court judgment. If we do win, our firm receives a pre-determined percentage of the settlement or financial award. You pay nothing if we don’t win your case. 

What if the insurance company offers me money to settle my case?

If an insurance company offers you a settlement, don’t accept the offer or sign anything without consulting with a personal injury lawyer. Chances are you may have a case and the insurance company is tricking you into signing a release, giving up your rights to have your day in court. An experienced lawyer will be able to tell you whether what you are being offered is fair or if you’ve been presented with a lowball offer that doesn’t take into account the full extent of your damages.

What if the at fault party’s vehicle is uninsured? 

In New York, anyone owning a motor vehicle must purchase a No-Fault or Personal Injury Protection (PIP) insurance coverage, liability insurance coverage as well as uninsured motorists insurance coverage to be able to register their vehicle. If someone is injured in a crash with a vehicle that is not properly insured, this person might be able to be covered by their own no-fault insurance if they have one, or by the Motor Vehicle Accident Indemnification Corporation (MVAIC).

How long will my personal injury case take from beginning to end?

Depending on the facts and circumstances of your case, your personal injury case will generally take approximately 1 to 3 years from beginning to end. Of course, each case is unique and so it is difficult to predict how long your case will take, but our firm will keep you updated throughout the process so that you know what to expect along the way. We can assure you that our firm will work diligently to get you the maximum compensation in the shortest time possible. 

Is my personal injury settlement taxable?

In New York, there are certain payments awarded for legal damages that are exempt from taxes, while others are not. Settlements which represent monies for pain and suffering and emotional distress arising from a physical injury are generally not taxable. However, there are exceptions. Payments for punitive damages are taxable. The safest and most practical option is to check with your accountant.

Will I have to go to court? 

Sometimes it is necessary to file a lawsuit in order to get the maximum amount of compensation from the insurance company.  Filing a personal injury lawsuit does not always mean your case will go to trial, as the majority of personal injury cases settle without having to start trial. It may be necessary to have you give a deposition under oath stating the facts about the accident and your injuries. A deposition usually takes place at the office of the attorney, deponent, or court reporter, not in a courtroom. Our office will prepare you for your deposition so you know what to expect and will be with you during your deposition to protect your rights. In the event your case does not settle, we will prepare you on what to expect for trial. Our goal is to make you feel comfortable and confident  going into the courtroom without having to cave into pressure from the insurance company on settling your case for less than it is worth.

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