Do You Have a Case & What to Expect from a Free Consultation with a Personal Injury Lawyer?
There are many personal injury lawyers in NYC, and you need to hire one who will do the best job for your specific situation. During your free initial consultation, you can ask questions and learn more about the upcoming legal process. Use this time to decide if they are your best personal injury attorney.
What to Expect from an Initial Consultation
Most initial consultations with personal injury lawyers are similar. If you speak directly with an attorney, you can ask them questions, and they should give you an idea of your options going forward.
Assess the Viability of Your Injury Claim
Although you may have been injured by someone else, not every claim is viable. There are requirements regarding the types of losses you must have to collect any damages. For example, if you only have property damage, you may not be able to collect money for pain and suffering, even if the situation was very stressful.
Additionally, there are deadlines within which a claim must be filed. In New York, most personal injury lawsuits must be filed within three years of the date on which the injuries occurred.
Your personal injury lawyer will review your claim and help you determine if it is worth pursuing. If you only have a couple hundred dollars worth of losses, the court costs might be more expensive than your damages.
It’s important that your attorney is truthful with you during your initial consultation so that you understand the viability and value of your claim.
Things We’ll Discuss in Your Consult
Every injury case is different, but some things you can learn in your free case consultation with us include:
- The strength of your case: A knowledgeable injury attorney can review the details of your case and give you their opinion on your likelihood of success. Since our firm only makes money when our clients’ recover damages, we have an incentive to accurately determine the strength of your case.
- The timeframe of your case: An attorney can make sure that you understand how New York’s statute of limitations will apply to your case. We can also illustrate the general timeline of successful claims for damages.
- What we need from you: The injured party can play an important role in helping their attorney build a strong case. Things that we may need include witness information, medical histories, and a general timeline of events leading up to your injury.
- Damages that you may recover: Injury victims can be faced with living expenses along with high medical bills that continue to grow over time. Consulting with a lawyer can help you understand the compensation that you might be able to recover in a personal injury claim.
Questions Our Lawyers Will Ask
Our legal team will need to learn as much as possible about your case in order to begin a claim. A free case consultation allows for your prospective lawyer to gain as much understanding about your situation as possible. While hearing your side of the story, we seek to learn about how your injury has impacted your life. In addition to getting a picture of your financial costs, this also involves gaining an understanding about how your daily routine may have been impacted.
Questions we may ask you during your initial case consultation may include:
- What are the chain of events that resulted in your injury?
- Who do you think holds responsibility? (It could be more than one party)
- Who were the people present who may be considered witnesses?
- Were police informed, and was a report filed with authorities?
- What are the details of your injuries?
- Did you receive medical care, and if so, how soon after your accident did you see a doctor?
- What was the extent of the property damage you sustained?
- What are the details of any insurance coverage you have?
- What do you know about the other parties involved, and do they have insurance?
- How much have you paid for your treatment so far?
What to Bring to the Meeting
Your attorney will need as much information as possible about your accident to have a successful consultation. You can bring certain items to help your personal injury lawyer understand what happened during your accident and how you should proceed.
Medical Records and Bills
Bring any medical records and bills that you have with you. Bring discharge paperwork if you went to an emergency room or hospital after your accident. If you have followed up with any specialists, physical therapists, or your primary care physician, bring treatment records from them as well.
You may not have received any medical bills yet, especially if the providers are billing your insurance company first. Once you receive bills and explanations of benefits from the insurance company, bring them to your attorney.
These documents will help your lawyer understand how badly you were hurt and how much money your claim may be worth. Medical expenses are often one of the most significant components of economic damages.
Your Insurance Information
Bring insurance policy documents from your health insurance company and any other insurance companies involved. If you were injured in a car crash, bring car insurance policies. If you have the other driver’s insurance information, bring that as well. If you were injured on someone else’s property, they should have homeowners’, renters’, or business insurance to cover your damages. Bring any information you have about these policies.
Your attorney will want to determine policy limits for all insurance involved. If you have damages over these limits, you may have to personally sue the person who caused your injuries and make an insurance claim.
Police Reports & Other Documentation
You should have called the police at the scene of your accident. There should be a police report detailing what happened and everyone involved. This document will provide a stepping stone for your attorney to put the pieces of your accident together.
Items to Bring to Your First Consultation
The best client is a prepared client. In a car accident case, you’ll definitely need to stay organized by having all your files on hand at your first consultation. Here’s a list of some things you’ll need to bring with you:
- Case ID or police report number
- Photos of the vehicle (if applicable)
- The police department that investigated the accident
- Social security number
- Driver’s license
- Your car and health insurance information
- The other driver’s license and insurance information
- The other driver’s license plate number
- A copy of the vehicle title (if it’s totaled)
- Vehicle repair costs or estimates
- Any paperwork related to your medical care
- Both you and the other driver’s contact information (i.e., addresses, phone numbers, emails, etc.)
- Your employer’s contact information
- Any medication receipts
- Any document or paperwork proving the damages you sustained in the accident
Of course, this is just a list of several of the most common pieces of information you’ll have to provide at your first consultation. If you have any other documents about your accident, bring them to your initial consultation with your personal injury attorney. For example, if you have photos, videos, or statements from eyewitnesses, they will be useful in your claim.
If you’re curious of the full list of items, contact our attorneys and ask them what exactly it is you’ll need to prepare ahead of time and bring to your initial consultation.
Questions to Ask a Personal Injury Lawyer
One of the best parts of an initial consultation is that you will be able to ask any questions you have about your case and the attorney. Most attorneys will give you some information about your case and the legal process even if you do not decide to hire them. You should use your consultation as a time to determine whether the attorney is right for you.
What Is the Attorney’s Experience?
You want an attorney who has experience with cases like yours. For example, if your case involved a child, you will want a child injury lawyer who understands specific New York laws involving child personal injury claims. Similarly, if you were in a crash with a semi-truck, you would need an attorney who knows how to battle the large insurance agencies used by trucking companies.
How Are Fees Charged?
Most personal injury law firms, including Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., operate on contingency fees. That means that the amount you pay them and whether you pay them is contingent upon them helping you win your case. If you do not win, you pay them nothing. Ask your attorney how they will charge fees during the initial consultation.
What Communication Can You Expect?
Ask your attorney who you will communicate with throughout the case. Many attorneys work directly with a team of paralegals and legal assistants. Will you have a dedicated team, or will your case be thrown into a pile? Find out how to contact the attorney directly if you have legal questions. Ask for frequent updates regarding the progress of your case. While your attorney should handle stressful legal issues, they should also keep you informed.
Learn How to Prepare for Your First Meeting with a Lawyer
New York Personal Injury: Info & FAQs
If you’ve been injured due to someone else’s negligence, worrying about your bills, lost wages, and other losses is natural. While returning to life before the accident is complex and every case is unique, the following sections will answer some common questions and provide important information about pursuing a personal injury case in NY.
The Steps to Take After an Injury
Immediately after an accident, it’s crucial to prioritize your health and safety. Seek medical attention, even if your injuries seem minor, as some conditions may worsen over time. Contact the police or property owner to report the incident and document everything, including taking photos of the scene, getting witness statements, and preserving evidence supporting your claim.
Consulting with an attorney early will help ensure your rights are protected and that you avoid mistakes.
More on What to Do After an Injury in NY
Your Rights in a Personal Injury Claim
As a personal injury victim, you can seek compensation from the responsible party for your damages. This includes economic losses like medical bills, lost wages, and non-economic damages like pain and suffering. You also have the right to legal representation to protect your interests.
What Evidence is Necessary in a Personal Injury Claim?
You’ll need solid evidence to strengthen your personal injury case, including medical records, police reports, photos of the accident scene, witness statements, and proof of lost wages or financial losses. Your lawyer will guide you through collecting and preserving this information to build a strong case.
More on Evidence in Personal Injury Claims
How Is Fault Determined in a Personal Injury Case?
In New York, personal injury cases must establish that the defendant was responsible for your injuries. This involves showing that they had a duty of care, breached that duty through negligence, and caused the injuries. New York follows a “pure comparative negligence” rule, meaning you can still recover damages even if you share some fault. Your compensation, however, may be reduced based on your percentage of responsibility
More on Fault & Liability in New York
What Does Negligence Mean?
Negligence refers to the failure to exercise reasonable care, resulting in harm to another person. In a personal injury case, negligence means that the responsible party did not act as a reasonable person would in similar circumstances, causing injury or damage.
More on Negligence
What Role Does Insurance Play?
The insurance company of the at-fault party will typically handle the claim. Their role is to negotiate a settlement with you. However, insurance companies often aim to minimize their payouts, so having an experienced attorney to negotiate is critical to ensuring you receive fair compensation.
More on Insurance
Will I Need to Go to Court?
Most personal injury cases are settled out of court through negotiations. However, if a fair settlement cannot be reached or your case would benefit from a personal injury lawsuit, your case may go to trial. Your lawyer will advise you on whether a court case is necessary and prepare you for trial if needed.
More on Personal Injury Lawsuits
What Damages Are Available in a Personal Injury Case?
In New York personal injury cases, victims can pursue economic & non-economic damages. Economic damages cover tangible financial losses like medical bills, lost wages, and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may sometimes be awarded to punish particularly reckless behavior.
More on the Value of Your Claim
How Long Does a NY Personal Injury Case Take?
The timeline for a personal injury case in New York varies depending on the specifics, the extent of your injuries, and whether it can be settled or needs to go to trial. Cases that settle can take a few months, while those that go to trial could take a year or more. Your attorney will help you understand what to expect.
How Does a Personal Injury Lawyer Help?
An experienced personal injury attorney helps by gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They will guide you through the legal process, ensuring that all deadlines are met and you receive the compensation you deserve.
More on Hiring a Personal Injury Lawyer
What Does Personal Injury Case Cost in NY?
Most personal injury attorneys, including those at Hecht, Kleeger & Damashek, P.C., work on a contingency fee basis, meaning you don’t pay unless they win your case. This ensures that legal fees are not an upfront concern, and you can focus on your recovery.
More about HKD’s No Win, No Fee Guarantee
What Laws Apply to New York Personal Injury Cases?
Your personal injury case will be governed by several key New York laws determining how to file a claim, the damages you can pursue, and who may be held accountable. These laws cover everything from deadlines to filing a claim to rules about shared fault and protections for workers injured on the job.
Here are the laws that lay the foundation for how personal injury claims are handled in New York.
More on NY Personal Injury Laws
More Personal Injury FAQs
Mistakes to Avoid in a Personal Injury Case
In the aftermath of any serious accident, protecting your rights and avoiding common missteps that could jeopardize your claim is crucial.
First and foremost, never speak with the at-fault party’s insurance company before consulting with an attorney. Insurance companies are skilled at minimizing payouts; anything you say could be twisted to reduce the compensation you’re entitled to. Second, never delay medical attention, even if your injuries seem minor at first—immediate medical documentation is vital to the success of your claim. Settling too quickly is another major pitfall. Without a clear understanding of the long-term consequences of your injuries, you could end up with far less than you need for future medical costs, lost wages, or pain and suffering.
Finally, don’t try to navigate the legal system alone. Personal injury cases are often complex, and having a skilled lawyer in your corner is the best way to negotiate with insurance companies and secure the maximum compensation you deserve.
