Frequently Asked Questions About Personal Injury Law
Get answers to frequently asked questions below. Get answers to your own questions in a free initial consultation by phone, via videoconference, in your hospital or in our law offices on the corner in the Bronx. Call Bruce H Goldberg Law Firm, P.C. at 718-585-6144 or send an email inquiry through this website.
- 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 is “negligence?”
- What are the basic components of a case?
- How long does an injury case last?
- Why do I need a lawyer?
- How much will this all cost me?
- What if I was partially at fault in the accident?
- How much can I expect to recover for my injuries?
- Who decides how much I recover?
- Do most injury cases settle without the necessity of a trial?
- Who will pay for my automobile repairs?
- What is liability insurance?
- Who will pay for my medical bills if I am injured?
- What happens if the other driver does not have insurance?
- What if someone sues me?
If you have been injured in an accident and think you may have a case, please contact Bruce Goldberg, your corner lawyer, online or by calling 718-CORNERS (718-267-6377) to schedule a free initial consultation.
The time limitations vary from state to state and may depend on the type of case involved. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury. Back to top.
You should provide a lawyer with any documents that might be relevant to your case. Such relevant documents include a police report, your insurance card and driver’s license, hospital discharge papers, as well as any photographs you have of the accident scene, your property damage and your injury. The more information you are able to give your lawyer, the easier it will be for them to determine if your claim will be successful. If you haven’t collected any documents at the time of your first meeting, however, don’t worry; your lawyer will be able to obtain them in their investigation of your claim. Back to top.
A person is negligent when they fail to act like an “ordinary reasonable person” would have acted. The determination of whether a given person has met the “ordinary reasonable person” standard is often a matter that is resolved by a jury after the presentation of evidence and argument at trial. Back to top.
A legal case for recovering money on behalf of someone injured nearly always has three general components. First, someone must be at fault for the accident. Most simply, fault is defined as the wrongful conduct of another party. The second part of the equation is causation. The wrongful conduct must have caused the injury. And the third part is damages. Damages are monetary compensation for an individual who has been injured through the wrongful conduct of another. Back to top.
There is no set time frame. Perhaps the most important factor in determining how long it takes to resolve a given case, either by settlement or verdict, is the healing time of the victim. Most cases cannot be fairly evaluated, and thus resolved, until the victim has reached a medical endpoint, and that varies greatly depending on the injuries and upon the individual. Back to top.
You can be sure that the other guy’s insurance company will get its experienced lawyers right on top of your case, and you can be equally sure that they won’t be looking out for your interests. To level the playing field, you need a good injury lawyer early in the process. Back to top.
Most personal injury cases are handled with a contingency fee arrangement. The contingent fee is a percentage of the amount recovered and comes out of the recovery. If there is no recovery, they will owe nothing in legal fees. A contingency fee arrangement is a more affordable option for many. Back to top.
In the event the plaintiff shares some degree of responsibility for the accident, they can still recover compensation for their injuries. Any settlement or case verdict will be determined by taking into account their own fault. Back to top.
Many variables make up the answer to this question, and there is no set formula. Much depends on the proof of the nature, severity and duration of the injury. The answers to these and many other questions form the basis for evaluating each injury case. Back to top.
In most cases, the answer is the parties themselves because most cases are settled by a negotiated agreement. If, for some reason, the parties are unable to reach an amicable agreement, then the outcome is decided at trial or through alternative dispute resolution (ADR), such as mediation. Back to top.
It is impossible to predict which cases will go to trial and which will settle before trial. However, the large majority of cases are settled before trial, by a negotiated agreement. Back to top.
You can either make a liability claim against the other person’s insurance carrier or make a claim with your own carrier if you have collision coverage. With collision coverage, no matter who is at fault, your collision insurance pays for damages to your car, minus the policy deductible. Back to top.
If you are to blame for the accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy’s limits. If you are not at fault, you can make a claim against the other driver’s liability insurance for your property damage and personal injuries. Back to top.
New York requires automobile insurance policies to include no-fault coverage, or NF for short. NF covers the basic economic loss of the injured parties. This includes expenses for medical care, a portion of your lost earnings and other necessary expenses. Back to top.
If the other driver is not insured, you can make a claim with your own policy under the uninsured motorist coverage portion of your policy. Back to top.
You should contact your insurance company immediately. Your insurance company will assign a lawyer to represent you. Back to top.