FAQs
FREQUENTLY ASKED QUESTIONS ABOUT MOTOR VEHICLE ACCIDENTS
Welcome to 911 Accident Lawyer’s FAQ page. The following questions and answers apply to New York State residents only.
Question: I was seriously injured in a hit and run accident in New York State. Am I entitled to compensation for my pain and suffering?
Answer: In New York State, compensation for victims of hit and run accidents is provided by either the Uninsured Motorist endorsement of the appropriate insurance policy (if applicable), or the Motor Vehicle Accident Indemnification Corporation. Strict deadlines apply to the filing of the required legal papers to make the claim.
Question: I was seriously injured in an accident caused by a driver who was uninsured. Am I entitled to compensation for my pain and suffering?
Answer: In New York State, compensation for victims of accidents caused by a driver whose vehicle was uninsured, is provided by either the Uninsured Motorist endorsement of the appropriate insurance policy (if applicable), or the Motor Vehicle Accident Indemnification Corporation. Strict deadlines apply to the filing of the required legal papers to make the claim.
Question: I was seriously injured, but the driver at fault had an insurance policy with minimal liability coverage. Can I recover more than the negligent driver’s insurance coverage?
Answer: Other insurance policies might provide excess coverage for your injures. Also, if you or any member of your household owned or leased a vehicle on the date of the accident, the insurance policy covering such vehicle(s) might provide underinsured motorist coverage, also known as supplementary uninsured motorist coverage. This coverage might provide a significant source of additional monetary compensation for your injuries. (Of course, you could also seek to collect the portion of the judgment in excess of the insurance coverage, directly from the responsible driver’s and owner’s personal assets.)
Question: I was injured in an accident that was partially my fault. Can I still recover money damages for my injuries?
Answer: Yes. In New York State, a person may recover monetary damages for his/her injures, even if the injured party was partially at fault. However, the recovery will be reduced by the percentage of fault attributable to the injured party.
Question: I was injured at work. Can I still recover money damages for my injuries?
Answer: In New York State, most employees are covered by Workers’ Compensation. This provides payments for medical and hospital expenses (subject to a fee schedule and authorization by the insurance company or the Workers’ Compensation Board), and partial reimbursement for lost wages, for injuries sustained in the course of employment. Also, workers’ compensation benefits may include a lump sum payment for permanent injuries.
Generally, if the accident was caused solely by the injured person’s employer or co-worker, the workers’ compensation benefits are the exclusive remedy. Accordingly, in those instances, the employee will usually not be entitled to sue his or her employer for money damages for the injuries sustained.
However, if a person, business, etc. other than the injured person’s employer or co-worker was partially or entirely at fault in causing the accident, the injured person may sue those responsible parties for his or her injuries.
Question: I was seriously injured, however my doctor told me that he/she will not testify in court, and will not involve himself/herself in my lawsuit. Can I still recover money damages for my injuries?
Answer: Yes. Even if your doctor is unwilling to cooperate in any way with your claim or lawsuit, we can usually obtain copies of the medical and hospital records documenting your injuries. Also, duplicate copies of x-rays, M.R.I. films, C.T. scan films, and other diagnostic tests can be obtained to further document your injuries. We can then have another physician review the medical records, and examine you. That physician can usually testify as an expert witness on your behalf.
Question: I am receiving state or federal disability insurance payments, Workers’ Compensation benefits, Welfare or public assistance benefits, and was injured in an accident. Can I bring a lawsuit for my injuries?
Answer: Yes, but the agency or insurance company providing the benefits may have a lien against your monetary recovery for the amount of the payments they have made.
Question: I am not happy with the attorney who is handling my case, and want to replace him. Can I simply fire him and retain another attorney, or will I then be responsible for paying more attorney’s fees?
Answer: You have the right to replace your attorney. Effective January 1, 1998, the Appellate Division of the Supreme Court added Part 1210, which concerns client rights, to Title 22 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Part 1210 states that a client is entitled to an attorney capable of handling his or her legal matter competently and diligently. The client is also entitled to be treated with courtesy and consideration at all times, to have his or her questions and concerns addressed in a prompt manner, and to have telephone calls returned promptly.
Part 1210 also states that if a client is not satisfied with how his or her legal matter is being handled, he or she has the right to withdraw from the attorney-client relationship at any time (although court approval may be required in some matters).
Regarding legal fees, your attorney may have a claim against you for the value of services rendered up to the time you dismiss your lawyer.
If your legal matter is a personal injury case handled on a contingency fee basis, your attorney may be entitled to a fee for services rendered; however, you are not required to pay this legal fee to the outgoing attorney when he or she is discharged. Instead, at the conclusion of your case, both the outgoing and incoming attorneys will share the contingent legal fee. Either the outgoing attorney and the incoming attorney will come to an agreement as to how the total fee will be divided, or the judge will make that determination. In a personal injury case, the total legal fee will not be increased as a result of your changing attorneys.
Question: Can I afford your services? What is a contingency fee?
Answer: Yes, you can. All accident cases accepted by our law firm are handled on the standard one-third contingency fee. This means that there is no fee charged unless we recover money. Fees and expenses are paid at the conclusion of your case.
For a free consultation please call me at (212) 571-6848, or toll free (888) I WAS HURT, or complete our questionnaire.
New York Accident Lawyer Disclaimer: The New York personal injury, accident, injury, serious accident, or other personal injury legal information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your accident case with a NY Personal Injury Attorney or NY Accident Lawyer promptly, since there are strict time limitations that apply to New York accident cases. This website is not intended to solicit clients for accident cases outside of New York State. Under New York law, in the event there is no recovery in a contingency fee case, the client is responsible for the expenses of the litigation, including court costs and disbursements.
Personal Injury Lawyers New York and New York Attorneys representing accident victims who have sustained serious injuries in New York City, Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Nassau County, Suffolk County, Westchester County, Rockland County and upstate New York.
Law Offices of Michael W. Goldstein, a New York personal injury law firm
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