Your Personal Injury Questions Answered
At the Law Offices of John W. DeBlasio, P.C., our lawyers are highly knowledgeable in New York personal injury law and provide skilled representation to people throughout Long Island and all five boroughs of New York City. We are prepared to answer any questions you have about personal injury claims in Suffolk County and throughout New York. On this page, we will answer some of the most frequently asked questions about personal injury claims in New York.
What should I do if I am injured?
This cannot be overstated. If you are involved in an accident and you suffer an injury, no matter how minor, a written report documenting the occurrence is paramount. If you are able, at the time of the incident, call 911 for medical assistance. Make sure to report the incident to the police, security guard, or any other individual who can document the incident. In addition, try to obtain the names and contact info of witnesses, take photographs of anything you see as germane. If you visit your personal health care provider post the incident, please obtain a doctors report in writing as well.
How long do I have to file a lawsuit after being injured?
Every state has what is called a “statute of limitations” that places a time limit on when certain types of lawsuits can be brought up for consideration. For most personal injury cases in New York, plaintiffs over the age of 18 have three (3) years from the date of their accident to file a lawsuit. If the person who is injured is under the age of 18, the time may be 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 will expire, and the injured party will forfeit their right to pursue compensation.
How much is my case worth?
What if I can’t afford to hire an attorney?
The good news about hiring a personal injury lawyer is that there is typically no upfront fee. Most personal injury claims are handled on a contingency fee basis, meaning there is no fee for the initial consultation and you won’t owe the law firm anything unless your attorney obtains a financial recovery for you.
What does “no-fault” insurance mean?
In a no-fault insurance claim, which is the model used in New York, a motor vehicle accident victim’s own insurance coverage is the first source of compensation for medical bills and other losses, no matter which driver was at fault. If the injury is serious and damages exceed policy limits, however, the victim may pursue additional compensation through a personal injury lawsuit.
What is “negligence?”
When one party fails to act within social norms, acts irresponsibly and without care for other people, that person is negligent for the results that may occur. For example, if an automobile operator drives without regard for other drivers and gets into a car accident, because he or she is speeding or driving under the influence, that driver can be held liable for any injuries caused. Another example is a slippery floor inside a restaurant where diners are susceptible to slipping and falling. The restaurant owner or business are then negligent for the injuries that occur in their place of business.
How will I pay my medical bills?
Personal injury law allows you to pursue compensation for all losses arising from another person’s negligence, including medical bills, wage loss, and pain and suffering. It is important to work with an attorney who knows how to fully and accurately assess damages so that you are not left with less compensation than you need to recover and rebuild your life.
Get The Answers You Need
While this page covered general information about personal injury law in New York, our attorneys are here to answer specific questions that pertain to your case. To arrange a free initial consultation, contact our law firm online or by telephone at 888-571-0424.