FAQs
Car Accident FAQs
What steps should I take immediately after being in a car accident?
Move to a safe location, call the police, exchange insurance and contact information, take photos of the scene, and seek medical attention.
Who pays for medical bills after a car accident in New York?
The No- fault insurance policy of the vehicle you are an occupant in, medical bills and lost wages, regardless of who caused the accident. An occupant includes the driver, the passenger and even pedestrians struck by the vehicle.
Do I need a lawyer for a minor car accident in New York?
It’s advisable to consult a lawyer if you’ve been injured, are facing significant property damage, or dealing with uncooperative insurance companies.
How long do I have to file a Lawsuit in New York?
You have three years from the date of the accident to file a personal injury lawsuit. However, an application for No-Fault benefits must be filed within 30 days of the accident
What qualifies as a “serious injury” under New York’s no-fault insurance law?
Section 5104(a) of the New York Insurance law states that one must show that a “basic economic loss” of more than $50,000.00, or has suffered a “Serious Injury” as defined within Section 5102(d), to have a viable personal injury lawsuit arising out of a vehicle accident. Section 5102(d) states that the following types of injuries qualify as “Serious Injuries”: (i) Death, (ii) dismemberment, (iii) significant disfigurement, (iv) a fracture, (v) loss of a fetus, (vi) the permanent loss of use of a body organ, member, function or system, (vii) a permanent consequential limitation of a body organ or member, (viii) a significant limitation of the use of a body function or system, or (ix) 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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
How do I prove the other driver was at fault for my car accident in New York?
Evidence like police reports, photos, witness statements, and traffic camera footage can help establish fault.
Can I recover damages if I was partially at fault in a car accident in New York?
Yes. Under New York’s pure comparative negligence rule, your compensation is reduced by your percentage of fault.
What happens if the other driver doesn’t have insurance in New York?
You can file a claim under your uninsured motorist coverage, which is required in New York policies.
What is no-fault insurance, and how does it work in New York?
No-fault insurance covers medical expenses and lost wages, regardless of fault, but it doesn’t cover vehicle property damage nor does it provide compensation for pain and suffering.
How much does it cost to hire a personal Injury Lawyer in New York?
Most Personal Injury Attorneys work on a contingency fee basis, meaning they only get paid if your case settles or they are successful at trial.
Slip and Fall FAQs
What is a slip and fall?
A slip and fall occurs when someone is injured due to unsafe conditions on someone else’s property.
What should I do immediately after a slip and fall accident in New York?
Report the accident to the property owner, take photos of the hazard, gather witness contact information, and seek medical attention.
Can I sue my employer for a slip and fall at work in New York?
Workplace injuries are typically covered by workers’ compensation, but if a third party caused the hazard, you may be able to file a separate lawsuit.
What is the statute of limitations for slip and fall cases in New York?
You have three years to file a lawsuit for injuries. Claims against public property require filing a notice of claim within 90 days.
How do I prove negligence in a New York slip and fall case?
Slipping on a wet floor in a store without a warning sign.Falling on an icy sidewalk that wasn’t salted.Tripping over uneven flooring in a public building.You must show the property owner knew or should have known about the hazard and failed to fix it or warn others in a reasonable amount of time.
Who is responsible for slip and fall injuries in New York?
Typically, the property owner, tenant, or employer in control of the premises is responsible.
What kinds of hazards cause slip and fall accidents in New York?
Common hazards include wet floors, icy sidewalks, poor lighting, loose carpets, and uneven flooring.
How much compensation can I get for a slip and fall injury in New York?
Compensation may include medical expenses, lost wages, pain and suffering, and costs for long-term rehabilitation.
What should I do if my slip and fall happened on public property in New York?
File a notice of claim within 90 days of the accident and consult an attorney immediately, as public property cases have strict rules and deadlines.
Do I need a lawyer for a slip and fall case in New York?
A lawyer can help gather evidence, negotiate with insurance companies, and navigate New York’s legal system to maximize your compensation.
General Personal Injury FAQs
What does a personal injury lawyer do?
A personal injury lawyer helps you recover compensation if you’ve been injured due to someone else’s negligence. They handle paperwork, negotiate with insurance companies, and represent you in court if needed.
How much is my personal injury case worth?
The value depends on factors like medical bills, lost wages, pain and suffering, and the severity of your injuries. An attorney can give you a better idea after reviewing your case.
How long do I have to file a personal injury lawsuit in New York?
The statute of limitations is three years for most personal injury cases. For claims involving government entities, you must file a notice of claim within 90 days.
Do I need a personal injury lawyer if the insurance company offers a settlement?
Yes, it’s often beneficial. Insurance companies aim to pay as little as possible, and a lawyer can ensure you get a fair settlement.
What should I do immediately after an accident or injury?
Seek medical attention, document the scene, gather evidence like photos and witness contact information, and consult a personal injury lawyer as soon as possible.
Can I still file a claim if I was partially at fault for the accident?
Yes. New York follows a pure comparative negligence rule, allowing you to recover damages even if you were partly at fault. However, your compensation will be reduced by your percentage of fault.
How much does it cost to hire a personal injury lawyer?
Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront. They only get paid if you win your case.
What happens if the person who caused my injury doesn’t have insurance?
You may recover damages through your own uninsured/underinsured motorist coverage or other legal avenues, depending on the circumstances.
How long does it take to resolve a personal injury case in New York?
Simple cases may settle in a few months, while more complex cases or those that go to trial can take a year or longer.
What kinds of injuries are covered in personal injury cases?
Common injuries include broken bones, head trauma, spinal cord injuries, burns, cuts, and any condition caused by negligence or unsafe conditions.