Frequently Asked Questions

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With over 100 years of combined experience, our knowledgeable lawyers can help you navigate your injury case in New York. We have recovered millions of dollars on behalf of accident victims and are dedicated to ensuring that every client gets the maximum financial compensation available in their case. If you have been injured in an accident, contact our office today at (914) 368-7168 to speak directly with one of our experienced attorneys.

Personal Injury FAQs

How do I maximize my personal injury settlement?

If you are injured because of another person’s negligence or wrongdoing, you might be entitled to compensation. Maximizing the amount you can recover begins with hiring an experienced personal injury attorney. After an accident, make sure that you seek timely medical treatment. The extent of your injuries may not be apparent immediately after an accident. Make sure that you follow through with all appointments and provide documentation to your attorney.

What is a “serious injury” in New York?

Serious injury is defined by Section 5102(d) of the New York Insurance Code. The most common serious injuries occurring after an accident include dismemberment, fractures, loss or limitation of a body part or function, loss of a fetus, and physical impairment.

If you are involved in a car accident, you may hear of the 90/180 day rule, which refers to the “serious injury” definition laid out in Section 5102(d). According to this rule, a serious injury is one that prevents someone from substantially performing their usual and customary daily activities for at least ninety days of the one hundred eighty days following the accident or injury.

What is a catastrophic injury?

When an injury is so severe that there are permanent repercussions, it is considered catastrophic. In many cases, catastrophic injuries prevent a person from returning to work or enjoying the same quality of life that they had prior to the accident. Catastrophic injuries can require years of medical treatments or rehabilitation.

What are the steps in a White Plains, NY personal injury lawsuit?

First and foremost, you should always seek medical treatment immediately after an accident. Even if you are unsure about the nature of your injuries, you should still be examined by a medical professional. 

As soon as you are able, you should consult with an experienced injury lawyer who can guide you through the legal process. You only have a limited amount of time to file a claim against a negligent or wrongful party, so it is imperative that you act quickly. 

An attorney will conduct an independent investigation of your case, helping to gather all evidence and subpoena any necessary records regarding the incident. They will file the appropriate paperwork with the court to commence the lawsuit. Once the lawsuit is initiated, you will go through several different pretrial phases, including preliminary conferences, discovery, mediation, and trial.

How long do you have to sue someone for an injury in New York?

According to Section 214 of New York’s Civil Practice Law & Rules, a person has three (3) years from the date of the accident to file a lawsuit. There are exceptions to the rule, including under Section 214-a, which requires that actions for medical, dental, or podiatric malpractice be brought within two years and six months.

In addition, certain claims against a municipal or other governmental entity require a “Notice of Claim” to be filed in advance of bringing a lawsuit.  The notice is intended to provide the governmental entity with the opportunity to investigate the claim while witnesses and other evidence is still available.  New York’s General Municipal law Section 50-e requires the Notice of Claim to be filed within ninety (90) days after the claim arises.  The failure to file the notice timely may prevent a subsequent lawsuit from proceeding.  It is always helpful to consult with an experienced personal injury lawyer to ensure a Notice of Claim is properly filed.

What damages can I recover compensation for in a New York personal injury case?

In a claim for personal injury, you may seek both economic and non-economic damages. Economic damages are those designed to compensate you for out-of-pocket losses such as lost earnings, medical expenses, property damage, and reduced earning potential. Non-economic damages include those awarded for pain and suffering, and emotional distress.

Is it worth hiring a personal injury attorney?

Hiring a personal injury attorney is crucial to getting the maximum compensation available in your case. Without the help of a seasoned trial lawyer, you may end up settling for significantly less than your claim is worth. You should never sign anything or accept a settlement before consulting with your attorney.

At Injured 914, our leading injury and accident lawyers will conduct an independent review of your case, working with skilled experts to reconstruct the accident and determine liability. If you have been seriously injured, your life is likely upside down. Our attorneys can help get you the recovery you need to get your life back on track.

I tripped on something at work, hurt my back, and need to take time off. Should I contact an attorney?

Yes. You should always consult an attorney if you are injured at work. Falls are one of the leading causes of serious injury and death in the workplace. According to the National Safety Council, over 48,000 workers were injured from falls in a single year. The injuries were severe enough to require time off of work.

Injuries from slips and falls, such as damage to the back and spine, can cause years of pain, discomfort and medical bills. Without the help of an attorney, you may not get the recovery you need to cover healthcare costs, lost wages, and pain and suffering.

At Injured 914, our leading injury and accident lawyers will conduct an independent review of your case, working with skilled experts to reconstruct the accident and determine liability. If you have been seriously injured, your life is likely upside down. Our attorneys can help get you the recovery you need to get your life back on track.

The hotel I was staying at had wet floors and I slipped. What should I do now?

If you are injured while staying at a resort or hotel, the first thing you should do is seek medical attention. Injuries related to slips, trips, and falls can be serious and must be addressed immediately. Once you are able, file a report with the hotel and contact an attorney. Hotels have a duty to provide a safe environment for their guests.

In some cases, your injury may be related to a failure to install slip-resistant flooring around a surface that is known to get wet like near a bathroom or pool area. In other instances, an investigation may reveal that the hotel knew about a spill and failed to clean it up, putting guests at risk for injury.

I was injured at work and my insurance company is denying me coverage. Can an attorney help me?

In many cases, yes, an attorney can help you if you were injured at work, and the insurance company is denying your coverage. Insurance companies may look for any reason to deny a person’s coverage.

Common reasons insurance claims get denied include:

  • Failing to file a claim within the statutory time period
  • Disputes over whether the injury was work-related
  • Allegations of fraud
  • Missing or inaccurate paperwork
  • Lack of coverage

Unfortunately, many valid insurance claims get denied. An attorney can help determine whether a party should be held liable for your injuries and how to pursue compensation against them, even if your claim was initially denied.

I am a commercial electrician for the state and was badly burned due to unsafe equipment. What should I do now?

If you are injured on the job due to unsafe equipment, you need to contact an attorney immediately. Employers have a responsibility to provide a work environment free from hazards, including safe equipment. When they fail to do this, they can be held liable for resulting injuries. Separately, the manufacturer of the unsafe equipment may also be liable for the defective product.

Any time you are injured at a worksite, you should notify your superior, file a report, and seek emergency medical treatment. Your right to compensation can be affected if you fail to follow the proper protocols or do not continue recommended treatment, including rehabilitation and therapy.

It is always in your best interest to consult with a lawyer if you suffer an electrocution injury on the job. An insurance company may try to get you to settle quickly for the least amount of money.

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Contact our office today to schedule a free consultation at (914) 368-7168. All cases are handled on a contingency fee basis, so you pay nothing unless we win.

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