Frequently Asked Questions about Personal Injury
Queens and NYC - Call: (718) 742-6300
Nassau - Call: (516) 742-2300
Suffolk - Call: (631) 752-8800
Q. What is a Personal Injury?
A. A personal injury is any physical or mental injury to a person as a result of someone's negligence or harmful act
Q. What should I do after an accident?
A. First, if you are injured, you must get immediate medical attention, either from a hospital emergency room or your regular doctor, as soon as possible. Second, consult with an experienced attorney. Choosing an attorney is one of the most important decisions an injured party will make. Third, under no circumstances should you give a statement to the insurance company or attorney representing the "at-fault" driver . What You Say Can Be Used Against You at a later time. Instruct them to call your insurance company or your attorney.
Q. I'm not sure whether I have a case or not! What should I do?
A. Protect your rights. Call a lawyer. Get a professional opinion. You have nothing to lose. Most attorneys do not charge for an initial consultation in personal injury cases.
Q. What is the role of the adjuster from the At- Fault owners company?
A. Initially he may tell you he will conduct a preliminary investigation. At this time, the adjuster may attempt to sound like your friend, the adjuster's real purpose is to convince you to settle your claim for a modest amount of money before you know how seriously you were injured. The insurance company may ask you to sign a Release. UNDER NO CIRCUMSTANCES SHOULD YOU SIGN A RELEASE.
Q. Do I have a claim if I did not feel hurt at the scene?
A. At the scene, you may not feel injured. Many people begin to feel the pain later. Although you may not believe that you were seriously injured, you may feel pain later, including significant pain, when the emergency is over. See your primary care physician for a complete examination and treatment as soon as possible.
Q. What if I'm "sore" - not hurt?
A. If you are "sore", you may be hurt. Consult your doctor. If you do not see your doctor, you give the insurance company the ability to deny that you were injured in the accident.
Q. How do I pay for an attorney?
A. In most personal injury cases, an attorney will accept a case on a "contingent fee" basis. A fee is contingent when it is conditioned upon your attorney's successfully resolution of your case. However, the client is generally responsible for the "out-of-pocket" costs of litigation. A contingent fee is paid as a percentage of your monetary recovery - a portion of your award when you win. You pay nothing but "out of pocket" expenses if you lose.
Q. What monetary recovery is permitted in personal injury claim?
A. Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The following is a partial list:
- Medical bills (doctor's bill's, hospital bills, surgery expenses, diagnostic charges, physical therapy, personal care nursing fees, prescription medicines, and others)
- Lost wages, including overtime,
- Pain & suffering
- Physical disability
- Disfigurement
- Permanent scars
- Emotional trauma
- Mental anguish
- Loss of love & affection
- Embarrassment
- Mental disability
- Property damage
- All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others)
Q. Do all personal injury claims go to trial?
A. No. In fact, most Personal Injury claims are settled with the insurance carrier for the "At- fault" party.
Q. How long will it take to settle my claim?
A. There is no set answer. All cases are different. In most cases, the settlement process starts when you doctor releases you from your treatment. At this point, it's a matter of both sides negotiating a dollar amount that is reasonable for your case and acceptable to you.
Q. What is the value of my claim?
A. Until all the information on your injuries is available and all the facts of your case are known, the value of your claim is unknown.
Q. What are my property damage rights?
A. You are entitled to have a car repaired to its pre-accident condition or receive its "fair market value."
Q. What if the accident happened while I was working?
A. You may also be eligible for a Worker's Compensation claim.
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