Personal Injury Frequently Asked Questions
Personal injury law can be complicated. If you are seriously injured in an accident in New York, the last thing you need to worry about is navigating the legal process. Let the attorneys at Gianfortune & Mionis, P.C., handle all the details.
Have questions on your case? These are some of the most frequently asked questions (FAQ) we hear from our clients:
- What’s my case worth?
- What forms of compensation am I eligible to receive?
- When should I get treatment?
- How long do I have to file my personal injury claim?
- How will I pay for my medical expenses during my personal injury case?
- Can I sue New York City or the state of New York for my injury?
- Why can’t I just accept the insurance company’s offer?
- What if I can’t afford a lawyer?
What’s my case worth?
Nobody can give you an answer on this right away. If another attorney does, he’s guessing.
What your case is worth depends on how early you get started. The extent of your injury, how well you recover, as well as a multitude of other factors must be identified through the course of our investigation. The evidence available and how thoroughly we are able to investigate is helped the earlier we get started.
While we can’t give you an exact number, we can promise we’ll fight for maximum compensation every time.
What forms of compensation am I eligible to receive?
You are often eligible to receive compensation for:
- Your medical treatment
- Lost wages
- Future decrease in earning potential
- Any temporary or permanent disabilities
- Property damage
- Pain and suffering
When should I get treatment?
Immediately, for the sake of your health, it’s best not to wait and be sure to continue until you make a full recovery. We will obtain the records of your full medical treatment to ensure you are fully compensated for that treatment.
How long do I have to file my personal injury claim?
Most personal injury cases in New York, including car accidents and slip-and-fall accidents, typically have a statute of limitations of 3 years. This means that you have 3 years from the date of the accident to file your claim.
Some cases, however, have a much shorter statute of limitation. Medical malpractice claims must be filed within 2.5 years of the incident or the end of your mistreatment. Claims involving wrongful death of a loved one must be made within 2 years. Claims against the local or state government must be made within 1 year and 90 days, and notice must be given within 90 days of the incident itself.
To be sure you make your claim on time, be sure to consult a personal injury attorney as soon as you can.
How will I pay for my medical expenses during my personal injury case?
While your case is ongoing, you will still need to seek medical attention for your injuries. Your medical records and expenses will be a vital component of your case and will help determine the amount of compensation you receive.
The first thing you should do is check with your health insurance to see what portion of your medical costs they will cover. If you were injured in an auto accident, your auto insurance may also cover part of the cost. They may require reimbursement for these costs, however, once you receive compensation for your personal injury claim.
If you do not have insurance or are still left with high costs, some medical providers will offer service on a contingency basis. This allows you to postpone the payment until after your case, when you receive compensation to cover your medical costs.
Can I sue New York City or the state of New York for my injury?
There are a number of situations in which you may need to submit a personal injury claim against the city or the state. This is definitely possible and encouraged if you were injured as a result of the city or state’s negligence. Situations like this may involve:
- Poorly maintained roads or sidewalks
- Lack of guardrails or boundaries that might have prevented your accident
- Defects and poor maintenance in public buildings
- Medical malpractice from a state-owned medical provider
These cases are similar to any other personal injury claim but do require special consideration. For example, you have much less time to pursue these claims — limited to 1 year and 90 days from the date of the accident. You also must submit notice that you are pursuing a personal injury claim no later than 90 days after the accident.
Why can’t I just accept the insurance company’s offer?
Insurance companies always offer the minimum amount they have to. After all, they operate on a profit, so their main priority is not your well-being.
In fact, it’s best not to talk to the insurance company without having first consulted an attorney — they may try to get you to confess to some level of fault that can lower your payment.
What if I can’t afford a lawyer?
You can! We offer free consultations, and personal injury cases are taken on a contingency fee basis — meaning you won’t pay us a dime in attorney’s fees unless we secure you compensation. Even then, you only pay a percentage of that recovery.