Frequently Asked Questions | New York Personal Injury & Accident FAQs

Many clients come to us with the same basic questions about their New York accident injury case: How much is my personal case worth? Do I need a personal injury lawyer? What does it mean to settle a case? Will my case go to court? In this section, we have collected the most common personal injury frequently asked questions into one easy to navigate FAQ section. If you have a question that you do not see answered here, contact us today.

Car Accidents

• I was in a car accident.  How long will it take to get a settlement offer after I've sent my medical records to the adjuster?
  
• I was recently in a car accident which I thought might have been my fault.  I told that to the police as they arrived on the scene.  Afterwards, a friend told me I should NOT have said anything.  Is that true?
  
• What is the law on cell phone use while operating a vehicle in New York State?
• Can I collect lost earnings under the no-fault provision of my car insurance?
• The defendant in my car accident case is trying to move the case to Federal Court. Is this allowed?
• Am I experiencing post-traumatic stress disorder (PTSD) or is it just a normal response to my car accident?
• If I received a traffic citation stating I was the cause of an accident, do I still have a case?
• I was in a car accident.  Who will pay my bills?
• I was hit - and injured - by a driver who doesn't have any insurance.  Who will cover my bills?
• I was in a car accident and the air bags in my car didn't deploy.  Do I have a case against the car manufacturer?

• I have been in a motor vehicle accident. Should I go to a doctor?

• How much is my personal injury case worth?

Construction Accidents

• I was injured in a construction accident.  Are there any steps I should take before filing a claim?
• I was injured while working on a construction site and an investigation showed that my employer violated OSHA regulations. What will that do to support my case?
• I was injured while working on a large construction project.  Can I sue the person(s) who own the property?
• Can I sue my employer if I am hurt on a construction site?
• What rights do I have as a construction worker?
• Who is liable if a person is injured by debris from a construction site while walking on a public sidewalk next to that site?
• Who is responsible for making sure that the construction site where I work is safe?
• If I'm injured while working on a construction site, can I get more than just workers' compensation?
• Do I need a lawyer to handle my construction injury claim?

Slip and Fall

• What types of surfaces and obstructions often lead to slips and falls?
• I fell at someone's private home and was injured.  Is the homeowner responsible for my injuries?
• Where are some of the most common places slip and fall accidents likely to happen?
• While visiting my neighbor, I fell down the steps in her apartment building.  She lives in a rental apartment.  Who is responsible for my injuries?
• If I slip and fall on a marble or granite sidewalk by upscale buildings, who is liable for the accident?  And, will I be able to file a civil lawsuit if I sustain any injuries?

Truck Accidents

• I was injured in a crash where a truck driver was at fault.  What type of damages can I recover?
• What does primary liability insurance cover?
• What does motor truck cargo insurance cover?
• What are some of the dangers associated with large trucks on the roadways?
• Are there regulations governing how many hours a truck driver can work in a 24 hour period?
• What are the most common causes of accidents involving commercial trucks and automobiles?
• If I am partially at fault for the accident, can I still receive compensation?
• Why do tractor trailer accidents occur?
• Who Can I Sue if I Am Involved in a Tractor Trailer Accident?
• What is a commercial truck?
• I've heard that it's dangerous to drive in a truck's "No-Zone." What does that mean? 
  
  
  
  
• What is an underride truck accident?
• How is a truck accident different than a car accident?

Nursing Home Negligence

• What rights do nursing home residents have?
• What constitutes "exploitation" in the nursing home setting?
• What is the definition of neglect?
• What should I do if nursing home neglect or abuse is suspected?
• What are some signs that indicate nursing home abuse or neglect might be occurring?
• Does a visitor to a nursing home have any rights against the nursing home if he/she is injured there?

Products Liability

• If I was seriously injured by a tool I was using, can I recover from the manufacturer?
• If I modified a product and then was injured, would I still have a case?
• Who is responsible when a product causes an injury?
• How is my case affected if I was injured by a product that came with a warranty?
• What must be proven in a products liability case?
• What types of damages might be sought in a products liability lawsuit?
• My child was injured playing with a plastic toy that cracked and had a jagged edge. The toy cut my sons finger very severely. Can I take any action against the company that manufactured and distributes the toy?
• What is a failure to warn claim?
• What are the most common symptoms of lead poisoning?

General

• What is the law on texting while driving in New York State?
• What is a deposition?
• Is there a limit required for purchasing primary liability insurance?
• If I file a truck accident injury claim, what damages can I recover?
• What can you sue for in a personal injury case?
• I've just been injured by a defective product.  What should I do with the product?
• Will signing a release bar a subsequent legal malpractice action against the attorney who secured the settlement in the first place? 
• What does it mean to settle a case?
• How long should I wait before contacting a lawyer?
• I've gone back to work. I can't do the kind of work I was doing before because of my injuries, but I need the money to support my family. Do I still have a claim?
• What do you think of that famous McDonald's case where the women won millions of dollars when she was burned by spilled coffee?
• What type of doctor should I see?
• What if I have no medical insurance?
  
• Do I have to go to court if I want to recover monetary damages?
• What if the insurance company offers me a check right away?
• What if the other driver, who caused the accident, has no insurance?
• Are there parties other than the at-fault driver against whom I can take legal action?
• How do I know if I have a personal injury case?
• How soon after I am injured do I have to file a lawsuit?
• What should I bring with me for my meeting with a lawyer?
• What if a person dies before bringing a personal injury lawsuit?
• What is “negligence?”
• What if I can’t prove someone’s negligence caused my injury? Is there any other basis for personal injury liability besides negligence?
• Will the person who caused my injury be punished?