Personal Injury FAQ’s

Personal Injury

What is “No-Fault” insurance?

No-Fault insurance pays for various expenses for people injured in New York car accidents. It applies to the occupants of a car (also includes pickups, SUVs, and most vehicles, but not motorcycle drivers or passengers), and also to pedestrians and bicyclists who are hit by a car.

Submit your medical expenses and lost wages to the No-Fault insurance company, which is the insurance company for the car you were in (or the car that hit you if you were a pedestrian or bicyclist). They should provide you with the necessary paperwork. We can help you figure out which company to contact.

Make sure your doctors and other health care providers know that your case involves a car accident and that all expenses should be covered by No-Fault. They will need to know the name of the insurance company along with the policy number and/or claim number.

What is a typical attorney fee in a personal injury case?

For most personal injury lawsuits, there is no fee unless you collect money yourself. Buffalo, NY Personal Injury attorneys typically charge a one-third contingency fee. When the claim is resolved, the attorney’s law firm gets reimbursed for expenses paid out of the award and then the attorney receives a one-third fee.

Must I file a personal injury lawsuit within a certain period?

Yes, there is a time limit to bring a personal injury lawsuit — this is called the Statute of Limitations. The New York Statute of limitations for personal injury cases is three years from the actual date of accident/personal injury. A Notice of claim involving municipalities and/or government authorities should be filed within 90 days and a personal injury lawsuit must be filed within 1 year and 90 days.

What is a personal injury lawsuit?

New York personal injury law provides compensation and justice for various types of personal injuries which a victim has suffered. Personal injury law provides compensation for those injuries which resulted from negligence. This negligence could be on the part of some individual, authority, hospital or even New York State authorities. The purpose of personal injury law is to provide financial compensation to the victims of auto accidents, car accidents, truck accidents, medical malpractice and negligence.

What kind of compensation do I get in a personal injury case?

New York personal injury law provides compensation claim for various types of injuries as well as for conscious pain, suffering and trauma. Sometimes, the spouse of a victim can even recover compensation. Some additional damages are also covered such as damage to the vehicle/property, lost earnings, medical bills and several others.

How do I know if I have a good personal injury case?

If you or someone you know sustained injuries due to negligence of some individual or authority then you usually have a case. Before you file a personal injury lawsuit you must consider various factors which can affect the outcome of your personal injury lawsuit. We suggest you call our office so we can help assess your case and let you know what the next step should be.

What are some common types of personal injury cases?

Some common types of personal injury cases in New York include: auto and motorcycle accidents, Truck accidents, construction accidents, slip and fall accidents, wrongful death claims, Nursing home neglect, workplace accidents, dog bite injuries, injuries to children on property.

What is a Wrongful Death lawsuit?

When someone dies through the negligent act of another, a wrongful death claim can result. In a wrongful death case, the personal representative of the estate of a deceased person is authorized to file a lawsuit against those responsible for the person’s death. A wrongful death case can arise from any type of personal injury case including medical malpractice , automobile accidents , construction accidents , airplane accidents and all other torts.

I have a Workers’ Comp claim, can I also file a Personal Injury lawsuit?

Maybe. Generally, if someone was injured at work, that person’s exclusive remedy or course of action is to file a Workers’ Comp claim only. However, an exception arises when a “third party” (i.e. someone other than your employer or co-worker) is involved in causing your work injury. It is then possible to sue the third party in a personal injury lawsuit. But note, you still cannot sue your employer, only the third party involved.