New York Personal Injury Help Center
MOTOR VEHICLE ACCIDENTS
What should I do if I am involved in a motor vehicle accident?
Call the police and an ambulance if injured. If you are physically able after a car accident, you want to exchange information with the other driver. Get the person’s name, license plate number, and insurance information.
Should I take photographs at the scene?
Yes. Take photographs of the vehicles involved, of the roadway, of the all sides of the vehicle, and distance shots to show the vehicles in comparison to the roadway and each other.
Who will pay my medical bills?
The motor vehicle insurance company for vehicle you are in will generally be responsible to pay your medical bills. We call this the “no fault” carrier. However, which motor vehicle will be responsible will also depend upon what vehicles were involved and whether a pedestrian is the injured person. Either way, you must not use your private health insurance initially to pay your medical bills.
Who will pay my lost wages?
Just like the medical bills, the “no fault” insurance carrier will pay the lost wages up to a certain amount.
Do I need to fill out any paperwork right away to get my lost wages and medical bills paid?
Yes, you must send a completed “no fault” application form within 30 days of the accident, otherwise, you may lose all rights to these benefits.
What should I do if I am involved in a “hit and run” accident?
You must immediately and no later than 24 hours have a police report filed. Call the police from the scene immediately after the accident occurs.
Will I always be able to recover money compensation for my injuries resulting from a motor vehicle accident?
Unfortunately, no. Under the guise of “tort reform” the legislature over 30 years ago passed a law to curb motor vehicle litigation. Even if an accident is completely the fault of another driver, you will not be able to recover unless you have a “serious injury” as it is defined under this law. A fracture of any bone is deemed a “serious injury” but the typical whiplash and disc injuries caused by motor vehicle accidents will usually not meet the “serious injury” threshold unless there is significant treatment, such as surgery. However, if a person is unable to perform their regular activities for 3 months following the accident because of their injuries, and there is treatment to verify a disability, then this may satisfy the “serious injury” threshold.
How long will the motor vehicle litigation take?
Generally, in New York State, you will have 3 years to commence a lawsuit alleging negligence from a motor vehicle accident. However, any suit against a municipality will have much earlier time restrictions and an experienced personal injury attorney must always be consulted as soon as possible. The sooner a suit is brought, the quicker your case will proceed towards a trial and resolution. Sometimes, it is better to wait before commencing a suit if the injuries are not immediately apparent or serious. While in the Bronx due to the high volume of cases it may take up to 5 years before getting a trial date after suit is commenced, a case in Staten Island could take only 2 years. However, the juries in the Bronx are generally more sympathetic to giving jury awards to plaintiffs than in more conservative counties.
MEDICAL MALPRACTICE
What should I do if I believe a doctor committed medical malpractice while treating me?
Get your medical records from this doctor or hospital as soon as possible including records from any subsequent treating doctors for your injuries.
What must I prove to have a case for medical malpractice?
You must prove that the doctor departed from accepted medical care causing you injuries. Sometimes doctors make mistakes, but not all mistakes rise to the level of a departure. Sometimes there is a departure of accepted care but no injury results because the problem is timely corrected. If the injuries from a departure are not very serious, it is usually not cost effective to commence a suit considering that medical malpractice cases are expensive to litigate.
Are medical malpractice cases expensive to litigate?
In New York State, you must have a another physician of a relevant specialty review the appropriate medical records and determine if there is a good faith basis to proceed with a suit. The doctors will usually charge for their time by the hour. When hundreds of pages of medical records need to be reviewed, the costs for the initial review could be several thousands of dollars. Once a case is taken, the medical expert will need to be consulted throughout the case and review the deposition transcripts of the parties and other medical records. The medical expert will also be needed to testify at trial and some charge between $5,000 to $15,000 to testify. The costs of a medical malpractice suit can easily rise to $50,000 dollars and more. Therefore, unless the injury is significant, it may not be worth the expense of litigating the case.
How long do I have to commence a suit for medical malpractice?
Generally, the time to commence a suit is two and a half years from the date of malpractice. However, there are many different rules that have expanded or earlier time periods depending on the age of the injured person, the defendant, the type of malpractice, and whether treatment for the condition has continued beyond the initial medical departure. A claim against a municipal defendant such as a city hospital will require immediate paperwork to be filed within 90 days of the accident. Only an experienced medical malpractice attorney after speaking with the client and reviewing the records will have a better idea of when the statute expires and what needs to be filed.
Is there a chance my case will settle?
All cases have a chance of settlement depending upon many factors. If the demand to settle a case is too high based upon the facts of the case, it will likely not settle. Likewise, if the offer to settle a case is too low the same result will occur. Attorneys on both the plaintiff and defense side try to evaluate each case and determine a fair settlement value, but sometimes the parties cannot agree and a case goes to trial for a jury to decide. The client plays a significant role in this result as well. It is always the client’s decision on whether to settle the case and for what amount. The attorney is there to give guidance on what a fair amount to settle is for the case. If the client decides to settle for a lesser amount, that is the choice of the client. The client must remember that a settlement is a guaranteed monetary award while going to a jury involves the risk of getting nothing, so settlements are always preferred. These are important decisions that must be discussed with an experienced medical malpractice attorney.
CONSTRUCTION ACCIDENTS
Will I be able to be compensated if I am injured on the job at a construction site?
Yes depending upon the facts. Workers Compensation will usually be available since it was an injury occurring while working on the job. Further, the laws may also allow a suit against a party other than your employer.
Who could be responsible for a construction accident?
In addition to a worker’s compensation claim, under the New York State Labor Laws, the owner of a building being worked on and the General Contractor may be responsible for the injury caused to a worker. Any contractor supervising the worker may also be legally responsible for the accident. There are several sections of the New York State Labor Law that may apply and only an experienced construction accident attorney will be able to properly advise an accident victim about his legal rights.
If I fall from a scaffold or ladder, will I have a law suit?
Generally, a fall from a scaffold or ladder will impose liability, but not every case. There are many factors involved, including whether safety devices were provided and whether the worker failed to use available protective devices. Some common sense rules apply and if a scaffold breaks from underneath a worker or a ladder falls down for no apparent reason, there will generally be liability against the owner or contractor. However, only an experienced construction accident attorney will be able to evaluate the merits of the case.
What if an object falls on me from above at a construction site?
Generally, an object falling on a construction worker will also impose liability, but the facts of the case must be reviewed before any determination of liability is made.
What if I am injured in a construction accident involving equipment such as a crane?
Crane accidents are notorious for causing horrific injuries. There are many protocols in place to prevent these accidents and when they do occur, it is usually because of a violation of some protocol. These accidents usually give rise to liability against the owner of the building and general contractor.
What if I am injured during a demolition of a building?
If a building falls down injuring a person or dirt caves in from insufficient shoring, the owner or general contractor may be liable.
What if I am an illegal or undocumented worker involved in a construction accident?
The law in New York State protects undocumented workers involved in construction accidents as well as other personal injury lawsuits. There are some cases however when such a worker may be prevented from pursuing a claim for lost wages. This will depend upon a number of factors including whether the employer knew the worker was undocumented and whether the worker submitted false documentation to deceive the employer about his work status. Regardless, the undocumented worker will always have a right to recover for his pain and suffering like any other injured worker.
WORKERS COMPENSATION
What should I do if I am involved in a work related accident?
Immediately notify a supervisor or your employer that you were injured while working and complete a written accident report. If you do not give your employer notice of the accident within 1 month, you may lose your right to benefits. If necessary, seek medical attention and inform the doctor or hospital that you injuries occurred at work.
Can I recover Workers Compensation benefits if I was paid “off the books”?
Workers who are paid off-the-books are entitled to Workers’ Compensation benefits. Unfortunately, off-the-books workers who have work related accidents are frequently victimized by their employers. Typically, employers tell workers not to file a Workers’ Compensation claim and not to tell the doctor or hospital that the injuries occurred at work. If you are paid off-the-books, you should keep a record of your earnings. By law, you may be required to file income tax returns.
Can I recover Workers Compensation benefits if I am an undocumented worker or “illegal immigrant”?
You are entitled to Workers’ Compensation benefits regardless of your immigration status.
Who will pay my medical bills?
You must inform the doctor or hospital that your injuries occurred while you were working and that the bills will be paid by your employer’s Workers’ Compensation insurance company. Your employer is required by law to provide you with information about the Workers’ Compensation insurance company.
Who will pay my lost wages?
If you cannot work due to a work related accident, you may be entitled to collect payments from your employer’s Workers’ Compensation insurance company. The amount of your payments depends upon the level of your disability and the amount you were paid by your employer before the accident. In order to receive payments, your doctor must indicate that you have an ongoing disability every 90 days. In addition, you may be required to actively search for a new job if you are partially disabled.
Will I be able to start a lawsuit as well?
Generally, if your employer has Workers’ Compensation insurance, you cannot sue your employer or a co-worker for injuries suffered in a work related accident. However, there are exceptions to this rule that should be discussed in more detail with an experienced attorney. If your injury was caused by someone other than your employer or co-worker, you may be able to file a lawsuit for personal injuries in addition to filing a claim for Workers’ Compensation benefits
