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Free Consultations

(212) 697-9280

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(212) 697-9280

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TOP-RATED NYC INJURY LAWYERS

Clients are never charged for anything unless we win their case!

Frequently Asked Questions

  1. What is the personal injury claims process?
  2. What should I do after an accident?
  3. How much is my personal injury case worth?
  4. Who pays for my medical bills after an accident?
  5. How soon after an accident do I need to hire an attorney?
  6. How do I know if I qualify for a settlement?
  7. How much does it cost to work with your firm?
  8. What if I’m partially at fault?
  9. Should I deal with the insurance company at all?
  10. What is the Statute of Limitations for a personal injury claim in NY?
  11. Will I have to go to court?
  12. What if I can’t work?

1) What is the personal injury claims process?

While every personal injury claim is unique, the general process is the same. If you have been injured because of someone else’s negligence or wrongdoing, you need to seek medical assistance immediately. It is vital to gather all of your medical records and any documents regarding loss of income or out-of-pocket expenses. 

Secondly, you will want to consult a knowledgeable New York City Personal Injury Attorney as soon as possible. New York has a statute of limitations in personal injury cases that limits the amount of time you have to bring a claim against a negligent party. 

To determine if you have a cause of action for damages, an attorney will conduct a thorough investigation and can assist you with filing the appropriate paperwork through the court to commence your lawsuit. Once the personal injury claim process is started with the courts, you will enter into a discovery phase. During this time, subpoenas can be issued to obtain evidence, and there may be depositions taken before trial. 

In some cases, settlement offers may be made during this phase. An attorney may make several pre-trial motions before the court to resolve any outstanding issues. If a claim is not resolved through settlement or a motion to dismiss, the next phase will be trial. The length of the trial depends on the circumstances of the claim and the extent of the injuries.  

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2)  What should I do after an accident?

If you have been injured in an accident, the first thing you should do is seek medical treatment. It is imperative to be seen and treated by a medical professional. Be sure to keep all records regarding your treatment and continue the care recommendations provided by your doctor.

After seeking medical treatment, you need to contact a leading personal injury attorney that can discuss your legal options and provide you a free consultation.

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3)  How much is my personal injury case worth?

Every personal injury case is different. The amount of your recovery will depend on the facts of your case, the liable party, and the jury or judge if the case goes to trial. In New York, you can be awarded both economic and non-economic damages. Economic damages generally include medical expenses, lost wages, and loss of future earning capacity, while non-economic damages may include things like pain and suffering. 

It is important to consult with a personal injury lawyer to determine how much your case is worth. Initial settlement offers made by insurance companies rarely take into account the full scope of your injuries and do not reflect the maximum compensation available in your case.

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4)  Who pays for my medical bills after an accident?

Determining who pays for your medical bills after an accident will depend on the circumstances of your case. If another party was even partially responsible for your injuries, they may be liable and have to pay for your medical expenses. It is crucial to keep all of your medical records related to your injury available for an attorney to review.

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5)  How soon after an accident do I need to hire an attorney?

If you are seriously injured in an accident, you should hire an attorney immediately. An experienced personal injury lawyer will help you understand the legal process and assist you in getting the maximum recovery available in your case.

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6)  How do I know if I qualify for a settlement?

While every case is different, you must generally show that a negligent party owed you a duty of care, they breached that duty causing you injury and that actual damages resulted. A lawyer will help you determine how much your case is worth and how to proceed with your claim.

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7)  How much does it cost to work with your firm?

At the Law Firm of Rosenberg, Minc, Falkoff & Wolff, LLP, our New York City personal injury attorneys work on a contingency fee basis, meaning we are paid a percentage of the recovery we win on your behalf. This means that you will never pay anything out of pocket. We never charge legal fees unless we win. Our no-fee guarantee allows us to provide unparalleled representation to victims regardless of income.

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8)  What if I’m partially at fault?

Under New York law, if you are found partially at fault for your injuries, you can still recover damages. According to New York’s Civil Practice Law & Rules (CVP) Article 14-A, Section 1411, your recovery will be reduced by the proportion of your negligence or “culpable conduct.” 

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9)  Should I deal with the insurance company at all?

One of the biggest mistakes that most people make is accepting the first settlement offer made by an insurance company after an accident. You should always consult a New York City Personal Injury Attorney prior to speaking with an insurance company. 

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10)  What is the Statute of Limitations for a personal injury claim in NY?

As outlined in New York’s Civil Practice Law & Rules (CVP) Article 2, Section 214, the Statute of Limitations depends on the type of case. In general, most actions for personal injury must be commenced within three (3) years; this includes actions to recover damages for malpractice except for medical, dental, or podiatric malpractice. 

Pursuant to CVP Section 214-A, you have two (2) years and six (6) months to bring an action for medical, dental or podiatric malpractice. 

There are exceptions to these general rules regarding procedural time limits on cases. It is essential to speak with an experienced attorney as soon as possible if you believe you were injured because of another person’s negligence or wrongdoing.

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11) Will I have to go to court?

While many personal injury cases resolve before trial, there are some instances where you would have to attend court. Our lawyers will walk you through the legal process and will always provide aggressive representation to get you the best possible outcome in your case. In some cases, this may mean that you have to attend court. We are veteran litigators who are not afraid to take your case to trial to maximize the compensation you receive.

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12)  What if I can’t work?

If you are unable to work because of an accident, you may be able to recover damages for your lost wages and loss of future earning capacities. You must provide proof of employment and medical evidence that you are unable to work because of your injuries. 

New York also has a No-Fault law that can assist you in paying for medical costs and lost wages if you are involved in a car accident. New York’s No-Fault insurance may limit your ability to recover in an auto accident case. No matter what the circumstances of your injury, you should always contact an attorney before filing a claim or accepting a settlement.

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Contact an Experienced New York Injury Attorney

If you have been injured in an accident, you need to contact a qualified personal injury lawyer immediately. At Rosenberg, Minc, Falkoff & Wolff, LLP our attorneys have recovered over $1 billion for our clients. Our lawyers work on a contingency fee basis, meaning you do not pay fees unless we win.