Frequently Asked Questions
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What should I do after an accident?
If you are injured in an accident, your first priority should be your health and safety. Seek medical attention as soon as possible. If you are able, document the scene by taking photos, gathering witness information, and obtaining a police report. It is also important to speak with an attorney before discussing the incident with insurance companies. Talk to an attorney now about immediate next steps.
Do I need a lawyer for a personal injury case?
While it is not required, having a lawyer can significantly improve your ability to recover fair compensation. Insurance companies often try to minimize payouts. An attorney can protect your rights, gather evidence, negotiate with insurers, and represent you in court if necessary. Get a case review before speaking further with insurers.
How much is my injury case worth?
The value of a personal injury case depends on several factors, including the severity of injuries, medical expenses, lost income, long-term effects, and the circumstances of the accident. Every case is different, and a consultation with an attorney can help determine the potential value of your claim. Request a value assessment based on your injuries and losses.
How long do I have to file a personal injury claim?
The time limit for filing a personal injury claim is governed by state law and is known as the statute of limitations. In many cases, claims must be filed within a limited period after the accident. Speaking with an attorney as soon as possible helps ensure your rights are protected. Check your filing deadline before time runs out.
What types of compensation can I recover?
Depending on the circumstances of your case, you may be able to recover compensation for medical bills, lost wages, pain and suffering, rehabilitation costs, and other damages related to your injury. Find out which damages may apply in your case.
How much does it cost to hire a personal injury lawyer?
Most personal injury lawyers work on a contingency fee basis. This means you do not pay legal fees upfront. The attorney is paid only if compensation is successfully recovered on your behalf. Ask how contingency fees work for your claim.
How long does a personal injury case take?
The timeline varies depending on the complexity of the case, the severity of injuries, and whether the case settles or goes to trial. Some cases resolve in a few months, while others may take longer if litigation is required. Get an estimated timeline for your specific case.
What if the insurance company contacts me?
Insurance adjusters may contact you soon after an accident. It is important to be cautious about giving recorded statements or accepting quick settlement offers. Speaking with an attorney before responding can help ensure your interests are protected. Get guidance before giving a recorded statement.
When should I contact an attorney?
It is best to contact an attorney as soon as possible after an accident. Early legal guidance can help preserve evidence, protect your rights, and avoid mistakes that could affect your claim. Start with a consultation while evidence is still fresh.
What happens if the driver who caused the accident is uninsured or underinsured?
If the driver responsible for the accident does not have insurance, or does not have enough insurance to cover your damages, you may still be able to recover compensation through your own insurance policy. In New York, many drivers carry Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. These coverages can help pay for injuries when the at-fault driver has no insurance or insufficient coverage. An attorney can review your insurance policy and determine whether these benefits may apply to your case. Review your UM/UIM coverage with our team.
What if I was in an accident but I feel fine?
Some injuries may not show symptoms immediately after an accident. Conditions such as whiplash, soft-tissue injuries, or concussions can develop hours or even days later. For this reason, it is important to monitor your health and consider seeking medical evaluation after an accident, even if you initially feel fine. Prompt medical attention also creates documentation that may be important if symptoms appear later. Protect your claim even if symptoms appear later.
What if I was partially at fault for the accident?
In New York, you may still recover compensation even if you were partially responsible. New York follows a comparative fault rule, meaning compensation may be reduced by your percentage of fault but you may still have a valid claim. Learn how comparative fault may affect your payout.
Should I speak with the insurance company after an accident?
Insurance companies may contact you soon after an accident. You should be cautious about giving recorded statements or accepting early settlement offers before understanding the full extent of your injuries. Speak with us before accepting any settlement offer.
Do most personal injury cases go to court?
Most personal injury claims are resolved through settlement negotiations rather than trial. However, if a fair settlement cannot be reached, a lawsuit may be filed and the case may proceed to court. Discuss settlement strategy and trial readiness with us.
How do I know if I have a personal injury case?
Generally, a case exists when someone suffers injury due to another party's negligence or wrongdoing. An attorney can review the circumstances of the accident and help determine whether a claim may be possible. Get a clear yes-or-no case evaluation.
What is no-fault insurance (PIP) in New York?
New York uses a no-fault insurance system, which means that after most car accidents, your own insurance policy may pay for certain expenses regardless of who caused the accident. This coverage is commonly called Personal Injury Protection (PIP). PIP benefits may cover medical expenses, a portion of lost wages, and certain related costs after an accident. These benefits are typically available up to a set limit under the policy. In some situations, if injuries are serious or expenses exceed no-fault coverage limits, an injured person may also pursue a claim against the at-fault driver. See whether your injuries qualify beyond PIP limits.
What if I was injured by a hit-and-run driver in New York?
If you were injured in a hit-and-run accident in New York, you may still be able to recover compensation even if the driver is never found. New York is a no-fault insurance state, meaning your own Personal Injury Protection (PIP) coverage typically pays for initial medical bills and lost wages. If the driver cannot be identified, you may also file a claim under your uninsured motorist coverage, which protects victims when the at-fault driver cannot be located or does not have insurance. It is important to report the crash to the police immediately and seek medical attention. An attorney can help investigate the accident and pursue compensation through insurance or a lawsuit if the driver is later identified. Start your hit-and-run claim and preserve key evidence.
What if I was a passenger and the driver of my car caused the accident?
Passengers injured in a car accident often have strong legal rights, even if the driver of their own vehicle caused the crash. As a passenger, you are rarely considered at fault. In many cases, you may file claims against multiple insurance policies, including the driver of your vehicle and any other drivers involved in the crash. Your medical expenses may first be covered by no-fault insurance (PIP), and you may also pursue additional compensation for pain and suffering if your injuries meet New York's serious injury threshold. Review all insurance policies available to passenger claims.
What if I was hit by a drunk driver in New York?
If a drunk driver caused your accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. In New York, drunk driving is both a criminal offense and a civil liability, meaning the driver may face criminal charges while also being responsible for paying damages to victims. In some cases involving reckless or intoxicated drivers, courts may also allow punitive damages, which are meant to punish particularly dangerous behavior and deter future misconduct. An experienced attorney can investigate the crash, obtain police reports and toxicology evidence, and pursue full compensation for your injuries. Pursue full compensation after a drunk-driving crash.
Who pays medical bills after a car accident in New York?
In New York, medical bills after a car accident are usually paid by your own auto insurance through the state's no-fault system, also called Personal Injury Protection (PIP). This coverage pays for necessary medical treatment regardless of who caused the accident. No-fault insurance typically covers medical expenses such as hospital visits, doctor care, diagnostic tests, physical therapy, and prescriptions. In most cases, New York no-fault benefits provide up to $50,000 per injured person. If your injuries are serious and your medical costs exceed this amount, you may be able to file a claim against the at-fault driver to recover additional compensation. Check who should pay your bills and what to file first.