Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct. Different jurisdictions describe the damages (or, the things for which the injured person may be compensated) in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
Listed below are some of the most frequently asked questions people have about personal injury law. To speak to an attorney about personal injury law in a free consultation, click here.
Will I have to pay up-front to hire an accident attorney?
No. Personal injury attorneys accept cases on contingency, so there is no up-front cost to the client. You only pay a fee if you receive a settlement or verdict in your favor.
Is there a time limit to file a personal injury case?
Yes. The time limit to file a case – known as a Statute of Limitations – varies, depending upon the type of case. You may have as little as ninety (90) days to file a claim for your injuries.
My accident occurred out of state; can I still sue in New York?
You may or may not be able to sue in New York if the accident occurred in another state. The answer depends upon things like where the defendant resides, or if the defendant is a corporation, and whether that corporation does business in New York.
I was involved in a car accident. It wasn’t my fault, and I’m in a lot of pain. What should I do?
Contact us immediately. There are two issues to consider, and one requires your very prompt attention. Your own insurance company (or the company for the vehicle that hit you if you were a pedestrian or bicyclist) will pay your medical bills, under No Fault insurance, but you have only thirty (30) days to file. Whether you have a lawsuit against the other vehicle ultimately depends upon the seriousness of your injury.
My child was hurt at a public school? What entity do I sue?
You would most likely sue the School District, not the school (which is probably not a legal entity), and not the town or village in which the school is located. However, you have only ninety (90) days to file a Notice of Claim against the District. That deadline can sometimes be extended, so call us even if the accident occurred more than ninety days ago.
My doctor misdiagnosed my condition, and left me in worse condition. What now?
Our affiliated personal injury firm has a dedicated medical malpractice department, with attorneys and staff that practice exclusively in this field. Medical malpractice cases are among the most complicated in the personal injury field. It’s crucial that you retain a firm with experience in this area.
I fell on water on a supermarket floor. Do you handle fall down cases?
The firm to which we will refer your case is well-versed in this surprisingly complex field of personal injury law. The question of whether you will be successful in a fall down case depends upon whether the property owner knew or should have known of the dangerous condition on which you fell long enough before the accident to have given them time to correct the condition.
What about snow and ice cases?
Similar to other fall down cases, someone who falls on snow or ice has to prove that the property owner had sufficient time to clear the condition. Accidents that occur during a snowstorm will probably not lead to a successful result.
What happens if a relative dies in an accident?
New York follows antiquated laws with respect to wrongful death damages. These cases are brought in the name of the estate representative. Our affiliated firm can handle the appointment of that representative for you, and explain exactly what type of damages are obtainable in such cases.
I was injured in an accident. I want straight answers on whether I do or do not have a case.
Contact us. We will refer you to the leading plaintiff’s personal injury firm in the area, with a well-earned reputation for high ethical standards. You’ll have the opportunity to get your questions answered. You’ll find out whether you do have a case, or whether you don’t have a case. We’re confident that you’ll be pleased with the service that you receive.