PERSONAL INJURY

Our firm handles cases for people who are injured as a result of someone else’s negligence.  These include automobile accidents, slip and trip and falls, dog bites, nursing home abuse, medical and dental malpractice, brain, neck and back injuries, spinal cord injuries (paraplegia and quadriplegia), burns, work related accidents and birth related injuries. 

 

Frequently Asked Questions

Q:  If I cannot work as a result of an automobile accident, how do I support myself?
A:  In New York, the insurance company of the car that you are in will pay your lost wages, up to a maximum of $2,000.00 per month minus 20%. This is true for most policies.  However, you can purchase additional insurance to cover you for up to $4,000.00 per month.

 

Q:  What happens if each driver states he/she had the green light?
A:  In the case of conflicting claims, the Courts will see if there are any witnesses.  If there are no witness, what usually occurs is that each claimant will be deemed to be 50% at fault.

 

Q:  I had a stop sign I stopped, looked and proceeded.  The other car came from nowhere.  Who is at fault?
A:  This is a very frequently asked question.   Unfortunately, this happens very often.  Simply stated, the rule is that the car without the stop sign has the right of way and the car with the stop sign has to yield the right of way.  Generally, the car with the stop sign will be found to be at fault.

 

Q: I was driving straight and a car coming from the opposite direction made a left turn in front of me.  I could not stop in time and hit the other vehicle.  Will my rates go up?
A:  Probably not.  Years ago, insurance companies faulted the driver who had the right-of-way with 20% liability.  Today, the Courts have held that the driver going straight has the right-of-way and the car making the left turn has to wait and yield to the other vehicle.

 

Q:  I made a No-Fault claim with my insurance company.  Will my rates go up?
A:  No. Your rates will go up if you are a “risky” driver.  If the accident is determined not to have been your fault, but you made a claim for No-Fault benefits, that in no way means that you were at fault, so your rates will not go up.

 

Q:  What is No-Fault?
A:  No-Fault is a system whereby the insurance company of the car that you are sitting in will pay your medical bills, loss of earnings and medical related expenses regardless of fault.  That is, it does not matter whose fault the accident was.

 

Q:  What types of coverage do I have in my automobile insurance coverage?
A:  Insurance policies in New York are required to provide liability insurance, which will cover you if an accident occurs because of your negligence.  You policy also includes No-Fault benefits payable to you or any other occupant in your vehicle.  Also covered is any pedestrian struck by your vehicle.  Your policy also includes Uninsured Motorist, SUM & UIM.

 

Q:  What is UM, SUM and UIM?
A:  UM refers to Uninsured Motorist coverage, which means that if you are involved in a hit and run accident or with a car that has no insurance, your insurance company under the UM endorsement will pay for your pain and suffering.  SUM is Supplemental Uninsured Motorist coverage.  You can purchase SUM above the minimum limits up to the limits of your liability coverage.  UIM refers to Underinsurance coverage.  That means that if you are involved in an accident and the other vehicle has a small policy but your injuries are worth much more, then you can make a claim against your insurance company for monies that the other insurance company should have paid you.

 

Q:  What is PIP?
A:  PIP stands for Personal Injury Protection and is another term for No-Fault benefits.

 

Q:  I was injured at work.  How much time do I have to file a Workers Compensation claim?
A:  Generally, Workers Compensation claims have to be filed within 2 years of the date of accident.

 

Q:  How much time do I have to file a regular lawsuit?
A:  Generally, lawsuits for personal injury have a three year statute of limitations.  That limitation can be extended under certain specific circumstances.

 

Q: How much time do I have to file a lawsuit against a City or Municipal agency?
A:  In any lawsuit or claim against the City of New York, one must first file a Notice of Claim with the City within 90 days of the accident.  After the Notice of Claim is filed, the City may conduct a hearing to ascertain the facts of the case.  After this hearing, you may file the lawsuit.  The lawsuit must be filed within 1 year and 90 days from the date of the accident. Therefore, it is prudent to contact us as soon as possible after an accident.

 

Q:  How much time do I have to file a medical malpractice lawsuit?
A:  A medical malpractice lawsuit must be filed within 2 ½ years from the date of the alleged malpractice.  Again, there are some exceptions in which the statute of limitations can be expanded or, if against a City hospital, then shortened to only 1 year and 90 days.

 

Q: My child was born with a physical handicap.  He is now 5 years old.  Is it too late to sue the doctor?
A:  No.  One of the ways in which the statute of limitations may be extended involves claims by children.  Generally, malpractice upon a child has a statute of limitations of up to 10 years.

 

Q:  I was involved in a car accident 8 years ago.  My child was then 3 years old.  I didn’t think he was injured, but now I see he is suffering terribly as a result of this accident.  What can I do?
A:  You may start a lawsuit on behalf of your child until the age of 21.  The three year statute of limitations begins to run from his 18th birthday.

 

Q:  My daughter was injured in school while the teacher was out of the classroom.  Is there anything I can do?
A:  Yes.  Schools are responsible for the education of your children.  They are also responsible for their safety while they are in school.  Should a teacher ever have to leave the room unexpectedly, she must first secure adult supervision for her absence.  Children should never be left alone.

 

Q: What is respondeat superior?
A:  Respondeat superior is a legal term that imposes responsibility on superiors for the actions of their employees, agents, subordinates, etc., when they are doing those actions during their assigned duties. The owner or principal is responsible for the wrongful acts of his agents. 

 

Q:  What is res ipsa loquitur?
A:  Res ipsa loquitur is a rule of evidence whereby negligence of a wrong-doer may be inferred from the mere fact that the accident happened.

 

Q:  What is Non Sui Juris?
A:  Refers to a child who lacks legal responsibility for her actions.  That is, if a very young child runs out between two parked cars, the child cannot be held responsible.

 

Q:  I am not happy with my current lawyer.  Can you handle my case?
A:  Yes.  You can always change lawyers. 

 

Q:  If I do change lawyers, do I have to pay both lawyers?
A:  No.  You only pay one contingency fee.  If you have further questions regarding this topic please call us for a free consultation.

 

Q:  If I call your office, is there a charge for a consultation even if you don’t take the case?
A:  No.  We offer free consultations whether or not we accept your case.

 

Q:  If I am too injured or sick to come to your office, what can you do?
A:  Either one of our lawyers or one of our investigators will come to you or your hospital at your convenience.  Again there is no charge for this visit.

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