What is personal injury law?
Personal injury law covers cases where an individual has been physically or psychologically injured due to the negligence or wrongdoing of another party. This area of law allows the injured person to seek compensation for their damages, including medical expenses, lost wages, and pain and suffering.
How long do I have to file a personal injury claim in New York?
In New York, the statute of limitations for most personal injury cases is three years from the date of the injury. However, there are exceptions to this rule, such as medical malpractice cases, which have a 2.5-year statute of limitations. It's crucial to consult with an attorney as soon as possible to ensure you don't miss any important deadlines.
What types of compensation can I receive in a personal injury case?
Compensation in personal injury cases may include economic damages (such as medical expenses and lost wages), non-economic damages (pain and suffering, emotional distress), and in some cases, punitive damages. The specific types and amounts of compensation depend on the details of your case and the extent of your injuries.
How much does it cost to hire a personal injury lawyer in New York?
Most personal injury lawyers in New York, including The Steiner Law Firm, PLLC, work on a contingency fee basis. This means you don't pay any upfront fees, and the lawyer only gets paid if they win your case. Typically, the fee is a percentage of the settlement or court award, usually around 33% to 40%.
What should I do immediately after an accident?
After an accident, prioritize your safety and health. Seek medical attention, even if you don't think you're seriously injured. Call the police to report the accident, gather evidence (photos, witness contact information), and avoid admitting fault. Contact your insurance company and consider consulting with a personal injury attorney before giving any statements.
How long does a personal injury case typically take to resolve?
The duration of a personal injury case can vary greatly depending on its complexity, the severity of injuries, and whether it settles or goes to trial. Some cases may settle in a few months, while others can take years to resolve. Your attorney can give you a more accurate timeline based on the specifics of your case.
What is New York's "no-fault" insurance system?
New York follows a "no-fault" insurance system for auto accidents. This means that regardless of who caused the accident, your own insurance company will cover your medical expenses and lost wages up to a certain limit. However, for serious injuries, you may be able to step outside the no-fault system and sue the at-fault driver directly.
Can I still receive compensation if I was partially at fault for the accident?
Yes, New York follows a "pure comparative negligence" rule. This means you can still recover damages even if you were partially at fault, but your compensation will be reduced by your percentage of fault. For example, if you're found to be 30% at fault, you can still recover 70% of the total damages.
What is the difference between a settlement and a trial?
A settlement is an agreement reached between the parties outside of court, usually involving a payment to the injured party in exchange for dropping the lawsuit. A trial, on the other hand, involves presenting the case before a judge or jury, who then decide the outcome. Settlements are often faster and less expensive, but trials may result in larger awards in some cases.
How do I know if I have a valid personal injury claim?
To have a valid personal injury claim, you generally need to prove that another party was negligent, that their negligence directly caused your injury, and that you suffered damages as a result. It's best to consult with a personal injury attorney who can evaluate the specifics of your situation and advise you on the strength of your potential claim.
What if the person who injured me doesn't have insurance?
If the at-fault party is uninsured, you may still have options. You might be able to file a claim under your own uninsured motorist coverage (in car accident cases), pursue a claim against other potentially liable parties, or sue the at-fault individual directly. An experienced personal injury attorney can help you explore all available avenues for compensation.
Can I handle my personal injury claim without a lawyer?
While it's possible to handle a personal injury claim on your own, it's generally not recommended, especially for more complex cases or those involving serious injuries. An experienced personal injury lawyer can navigate the legal complexities, negotiate with insurance companies, and typically secure higher settlements. Most offer free consultations, so there's little risk in at least discussing your case with an attorney.
What types of personal injury cases does The Steiner Law Firm, PLLC handle?
The Steiner Law Firm, PLLC handles a wide range of personal injury cases throughout New York. These include but are not limited to car accidents, slip and fall incidents, medical malpractice, workplace injuries, product liability cases, and wrongful death claims. If you're unsure whether your situation falls under their expertise, it's best to contact the firm directly for a consultation.
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