Whether you are involved in a car or truck accident, a slip and fall injury, a bicycle accident, motorcycle accident or any other injury event you may be able to recover compensation for your injuries. If an even of this nature happens you should immediately:
1. Get identifying information from people involved such as drivers, property owners, etc.
2. Get the names and the phone numbers of any witnesses.
3. If you are able, take photos of the scene and vehicles.
4. If it is a motor vehicle accident call the police and ask them to come to the scene.
5. If it is a motor vehicle accident notify your auto insurance company as soon as possible and apply for No-Fault insurance benefits. Your insurance company will cover your no-fault benefits unless you were a pedestrian. There are time limits to apply for No-Fault benefits. The No-Fault insurance carrier will cover your medical bills and lost wages if you are out of work. If you have disability benefits through your employer that insurance company should also be notified if you are going to be out of work.
6. If it is a motor vehicle accident a police accident report is required in certain situations.
In most personal injury cases we represent our clients on a contingent fee basis, generally one-third of the amount recovered. We do not get paid unless we recover a settlement for our clients. This is the standard fee agreement in the legal profession for accident cases.
Generally, in motor vehicle accidents, slip and falls, and those types of claims New York State Law provides that a party has three years after the injury event to file a lawsuit. There are exceptions to this rule so the time limits must be computed by a lawyer. If it is a medical malpractice claim the time may be shorter than three years. If a death is involved the statute of limitations may be as short as two years. If a municipality or governmental agency is at fault a claim must be served within 90 days of the accident. So, it is important to contact us as soon after the event as possible so we can immediately begin an investigation and determine what the time limits are.
In an accident that involves a serious injury we will send out our investigator to interview any witnesses; photograph the scene and all vehicles involved. If a slip and fall claim we will photograph the area where it happened. We will do a search at the scene to see if any of the surrounding businesses or residences have security cameras that may have caught the accident. The security films are invaluable and must be retrieved as soon as possible because they are not kept indefinitely, especially by businesses and residences.
1. Compensation for your medical bills or lost wages that exceed insurance coverage.
2. Compensation for your pain during your time of recovering from the accident and potentially into the future if the injury has not resolved.
3. Compensation for loss of wages if your income losses exceed those that are covered by insurance.
4. Compensation for your rehabilitation costs that sometimes can be substantial, for example, modifications to your home, a modified vehicle, etc. that are not covered by insurance.
5. Compensation for your loss of quality of life which would include a loss of your normal activities past and future, and those types of things that would bring you enjoyment in your life that have been lost as a result of your injuries.
6. Loss for emotional trauma such as shock and fright, and, fear of being in a motor vehicle, nightmares, etc.
7. Loss of services to spouse and minor children