NYC Personal Injury FAQ
Contact a New York City Personal Injury Attorney for More Information
Being injured can be a painful and stressful experience. At Mirman, Markovits & Landau, P.C., our personal injury lawyers are here to alleviate as much of that stress as possible by providing you with need-to-know information about personal injury cases. By staying informed, you can relieve the uncertainty and create a plan of action for getting the compensation you are rightfully owed for your losses.
Please review the information below regarding some of the most frequently asked questions about personal injury. We invite you to contact our firm to discuss further questions with a member of our team. As always, your initial case evaluation is free of cost and obligation.
What is “negligence?”
When someone fails to act with due care for other people, that person is negligent. For example, if a building owner knows people walk the sidewalk in front of his building, fails to fix the sidewalk, disregarding the safety of people, and someone trips injuring themselves, the owner can be liable for the accident under premises liability law. If a driver drives without regard to other drivers and gets into a car accident because he or she is speeding or drunk, the driver can be liable for any injuries that driver caused.
The insurance company says I don’t need a lawyer – is this true?
The insurance company wants to pay as little as possible, so chances are they will try to dissuade you from working with a lawyer whose objective is to make sure you get the appropriate value for your injuries.
If an insurance company offers you a settlement, don’t accept the offer or sign anything before you speak with an attorney. An experienced lawyer will be able to tell you whether what you are being offered is fair or if you’ve been presented with a lowball offer that doesn’t take into account the full extent of your damages, such as pain and suffering, future medical needs, etc.
What damages can I recover after an injury?
Every case is different, so it is wise to consult a qualified attorney to discuss which damages apply to your specific case. However, injury victims are generally entitled to compensation for their injuries, pain, and suffering, medical treatment, inability to do the things they once were able to do, past and future medical care, past and future lost income, and physical and emotional pain and suffering. In cases involving extreme negligence, punitive damages may also be available.
How long do I have to file a lawsuit after being injured?
All states have what is called a statute of limitations that places a time limit on certain types of lawsuits. For most personal injury cases in New York, plaintiffs over the age of 18 have three years from the date of their accident to file a lawsuit. If the injured person is an infant under the age of 18, the time is longer. If the case is against a municipal defendant, like New York City, New York State, or an agency such as the New York City Transit Authority, the time is shorter: a plaintiff must file a notice of claim within 90 days of the accident and then file their claim within 1 year and 90 days. If they wait too long and the statute of limitations expires, the injured person will forfeit their right to pursue compensation for their accident and will be barred from filing a lawsuit.
If you are wondering whether you have a case, it is extremely important to set up a consultation with a qualified attorney as soon as possible. The sooner you learn about your case and the options that are available, the closer you will be to the compensation you are rightfully owed.
I’ve heard that hiring a lawyer is expensive. Can I afford a personal injury lawyer?
Many personal injury attorneys, including those at Mirman, Markovits & Landau, P.C., accept cases on a contingency fee basis. This means that our clients pay nothing out-of-pocket to begin their case; we front all costs and only charge attorney fees if we successfully win money for our client. If for whatever reason we do not win a client’s case, the client doesn’t have to pay a dime in attorney fees and will not have to repay expenses either. This risk-free arrangement encourages the attorney to achieve the maximum settlement possible and provides all people with access to the legal system regardless of their financial situation.
How do I know if I have a personal injury case?
The only way to know if you have a viable case is to schedule a complimentary case evaluation with a personal injury attorney. Your attorney can review the circumstances of your accident and determine whether you have a legitimate claim and how much you may be owed. To schedule a free case review with Mirman, Markovits & Landau, P.C., please click here.
How much is my injury case worth?
Again, the only way to find out how much money you may be owed is to speak with an attorney who can thoroughly investigate your case. After determining which party or parties are liable for your accident, the amount of your financial losses, the extent of your physical damages, and projected future costs related to the accident, your attorney can help you understand what amount you may be able to expect.
What happens if a person dies before bringing a personal injury lawsuit?
If a person passes away before they are able to bring a personal injury lawsuit, this is called a wrongful death. In such a case, the surviving family of the deceased person can bring a lawsuit on their behalf seeking compensation for things like funeral and burial costs, loss of income, loss of consortium, and compensation for any medical bills incurred before the death. If you have lost a loved one in a preventable accident and think you may have a case, please contact our firm.