Frequently Asked Questions About NY Personal Injury Cases
What Should I Do After an Accident?
After an accident, it’s essential to seek medical attention, even if you don’t feel injured immediately. Next, document everything related to the accident, including photos of the scene, witness contact information, and a copy of the police report. Contact an attorney to evaluate your case and guide you.
What Are My Rights After Being Injured?
You have the right to pursue a personal injury claim if you’ve been injured due to someone else’s negligence or intentional acts. By filing a claim, you can seek compensation for medical bills, lost wages, pain and suffering, and other damages caused by the injury.
What Is My Case Worth?
The value of each personal injury case depends on the specifics of your injury, medical bills, lost wages, and the impact on your life. At Hecht, Kleeger & Damashek, P.C., we offer a free consultation to help you understand what your case might be worth.
How Much Will an Injury Case Cost Me?
At Hecht, Kleeger & Damashek, P.C., we work on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we win your case, so there is no financial risk to you. We also offer a free consultation to review your case and potential compensation.
How Long Do I Have to File My Claims?
In New York, the statute of limitations for personal injury claims is typically three years from the date of the accident. However, certain cases, such as medical malpractice or government claims, have shorter timelines. It’s essential to consult an attorney promptly to ensure your claim is filed on time.
What Documents Do I Need for My Personal Injury Claim?
To strengthen your personal injury claim, you should gather medical records, bills, photographs of the accident scene, witness contact information, and a police report. Any documentation related to your injury and its impact on your life, such as lost wage statements, can also be helpful.
Can I Recover Compensation if I’m Partly At Fault?
New York follows a pure comparative negligence rule, which means that even if you are partially at fault, you can still recover compensation. Your percentage of fault will reduce your total award. For example, if you’re found to be 20% responsible for the accident, your compensation will be reduced by 20%.
What is New York’s “Collateral Source Rule”?
The collateral source rule in New York limits how much compensation a plaintiff can receive in a personal injury case. It prevents plaintiffs from being compensated twice for the same expenses, such as medical bills or lost wages, if they’ve already been covered by insurance or other benefits like disability payments. This rule ensures that the damages awarded reflect actual losses.
What Damages Can I Recover in a Personal Injury Case?
In New York, you can recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded.
What Role Does Insurance Play in a Personal Injury Case?
Insurance companies play a significant role in personal injury cases, as they typically cover compensation for medical expenses, property damage, and liability. However, insurance companies often try to minimize payouts. Having a skilled attorney handle negotiations can ensure that you receive a fair settlement.
Should I Provide a Statement to the Insurance Company?
You should avoid giving a statement to the insurance company without consulting a lawyer first. Insurance adjusters may try to get you to admit fault or accept a low settlement offer. An attorney will ensure you don’t say anything that could hurt your case and help you negotiate a fair settlement.
What Must Be Proven in a Personal Injury Claim?
To succeed in a personal injury claim, you must prove that the other party acted negligently and that their negligence caused your injury. This requires showing that they breached a duty of care and that their actions directly led to your damages.
Can I Recover Compensation if I Can’t Prove Negligence?
Yes. Individuals or companies can sometimes be held strictly liable for injuries, even if they weren’t negligent. For example, if a defective product harms you, you may recover compensation from the manufacturer or seller without proving they acted carelessly. Strict liability can also apply to cases involving inherently dangerous activities, such as using explosives or keeping dangerous animals.
What if I’m Injured in a Car Accident?
New York is a no-fault state, meaning your Personal Injury Protection (PIP) insurance will cover your medical expenses and lost wages, regardless of who caused the accident. However, you can step outside the no-fault system and file a lawsuit if your injuries are severe or exceed the no-fault coverage limits.
Can I File a Lawsuit if a Product Caused My Injuries?
Yes, product liability cases allow you to seek compensation if a defective product injures you. Manufacturers, distributors, and retailers can be held strictly liable for defective products, meaning negligence doesn’t have to be proven as long as the product causes harm.
How Does NY Handle Workplace I injuries?
In New York, most workplace injuries are covered by workers’ compensation. However, suppose a third party is responsible for your injuries, such as a contractor or manufacturer of defective equipment. In that case, you may be able to file a personal injury lawsuit in addition to receiving workers’ compensation benefits.
What is a Lien on a Personal Injury Lawsuit?
A lien on a personal injury lawsuit is a legal claim made by creditors, typically healthcare providers, against your settlement or award. If you owe for medical treatment related to your injury, those providers may place a lien to ensure they’re paid from your compensation. This means that the lien must be resolved before you can access the settlement funds, reducing the amount you receive.
How Long Does a Personal Injury Case Take?
The timeline for a personal injury case varies based on its complexity, the severity of the injuries, and the parties’ willingness to settle. Some cases can be resolved within months, while others may take years if they go to trial. An experienced attorney can help speed up the process and secure a fair resolution.
How Can a Lawyer Help?
An experienced personal injury lawyer can guide you through every step of the claims process, from gathering evidence and filing paperwork to negotiating with insurance companies and representing you in court. At Hecht, Kleeger & Damashek, P.C., we manage all aspects of your case, allowing you to focus on recovery while we fight for the compensation you deserve.
How Can I Help in My Personal Injury Claim or Lawsuit?
The best way to help in your lawsuit is by providing your attorney with all relevant information, including photos, medical records, and witness details. Following your lawyer’s advice and keeping track of all injury-related expenses will also strengthen your case.
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