New York Personal Injury Frequently Asked Questions
- Do I Need a New York Personal Injury Lawyer?
- How Much Is My Personal Injury Claim Worth?
- What Am I Able to Recover in a Personal Injury Lawsuit?
- How Long Will It Take?
- How Much Will It Cost?
- What Steps Should I Take after an Accident?
- How Long Do I Have to File a Lawsuit?
- What Do I Need to Prove in Order to Win?
Legal issues can be complicated. There are intricacies in handling a case that can make a difference in the outcome of your case. To handle these issues alone could be detrimental to the case outcome. It is highly recommended that you speak with a lawyer to give you the best chance of successfully bringing your claim. Our office offers a free consultation, so you will be able to discuss the details of your case and make an action plan moving forward.
It is difficult to know exactly what a claim is worth at the beginning of a case. There are many factors that come into play to determine a value. Things that your lawyer will need to consider include the nature of your accident, who was at fault and the severity of your injuries.
To have a personal injury claim, you must have damages or losses associated with the accident. These losses can include medical expenses, loss of income, pain and suffering, property damages and emotional distress to name a few.
The duration of the case often depends on the insurance company you are dealing with. Some companies will be ready to settle quicker than others, while other companies will fight every step of the way. We will work diligently to complete your case as quickly as possible, so you can get the compensation you and your family need to move on with your life.
Our office understands the immense hardships personal injury cases can cause. That is why our office provides a free consultation to review the circumstances of your case, and gives you the opportunity to ask questions moving forward.
Regardless of the type of accident you have been in, the steps are generally the same. We recommend the following:
- Seek medical attention for your injuries. Your physical well being always comes first. Going to the ER or seeing the doctor also helps to document your injuries, which could be important down the line.
- Take note of the conditions surrounding your accident. If you slipped and fell for instance, what caused you to slip? Was there a wet floor, loose tile etc. It's always helpful to take photos of the area surrounding your accident too. Your cell phone is perfect for this.
- Do not speak to an insurance company without speaking to us first. Remember that the insurance company is not on your side. They may encourage you to quickly settle the case. This is usually not a good idea as the amount they will offer will be inadequate to cover your expenses.
The Statute of Limitations to file a lawsuit in New York is 3 years from the date of the injury. The Statute of Limitation in a wrongful death case is 2 years, and the deadline for filing a medical malpractice case is 2 years and 6 months. Once this time has passed, you will be prohibited from filing a claim.
Generally, you need to prove that the person who caused your injury was negligent. The defendant must have owed you a duty, which was breached. There must be a connection between the breach and your injury, and you must have incurred damages as a result.