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Personal Injury Questions & Answers

Frequent Questions

At Oresky & Associates, PLLC. we are known for our successful representation of accident victims throughout the New York metro area.

Car Accidents

Why do I need a car accident lawyer; can’t I just call the insurance company myself and try to get a settlement?

Insurance companies have skilled attorneys working to protect them as well as adjusters whose job it is to resolve claims for as little money as possible. Car accident victims representing themselves will usually be at a significant disadvantage. You should have skilled personal injury attorneys at your side, like those at Oresky & Associates, fighting for your rights, with a proven track record of obtaining over $300 Million Dollars in verdicts and settlements for New York accident victims. Contact us today to schedule a free consultation with an experienced New York car accident attorney.

Who do I sue for my injuries in a car accident case?

Claims for car accidents are usually made against the insurance companies for the owners and operators of the vehicles involved in the car accident. Sometimes a driver’s employer, a business entity or other party may need to be added to the claim and future lawsuit. Make sure that all of the proper parties are made part of your case so that you receive the compensation that you are entitled to.

Will my car accident case go to trial?

Most car accident cases settle before trial, however, you must be prepared to go all the way to jury verdict. If the defense counsel or the insurance adjuster senses that you are not ready to go the distance, they will try and settle for less than full value. Make sure your case is prepared to go all the way.

What is a deposition?

A deposition or EBT (examination before trial) is an opportunity for the defendants’ lawyers to ask you questions under oath about how your accident occurred. Depositions are normally conducted in an attorney’s office or the office of the court reporter who is transcribing your testimony. All parties are usually deposed.

What happens if I am partially at fault for my car accident?

As long as you are not 100 percent at fault for your car accident you can still recover money damages for your injuries from the other party who caused your accident. Most accidents involve some degree of comparative fault between the parties.

Can I bring a car accident lawsuit if I am undocumented?

Personal injury lawsuits can be brought without regard to your immigration status. Even if you are undocumented you have the right to sue for money damages for lost wages, medical expenses, pain and suffering.

How do I find a lawyer for a car accident?

Finding a lawyer to represent you in your car accident case requires research—there simply is no way around it. Begin your homework by searching online for car accident lawyers in your area (New York City, Bronx, or Queens, for example). As you review their websites, check for the following characteristics: 

  • Experience in personal injury law—and with car accidents, specifically
  • Results—financial value of settlements and awards
  • Positive testimonials that speak to you
You can read more about how to find a lawyer for a car accident here.

How Much Can I obtain from a Car Accident Settlement?

Several factors influence the amount you might obtain from a car accident settlement. The seriousness of your injury plays a significant role in determining this amount, as it affects your medical expenses, lost income, pain and suffering, and many other types of damages. The amount of insurance coverage available plays another significant part in the outcome of your settlement. Of course, a lawyer’s experience building personal injury cases, handling insurance companies, and negotiating fair settlements is yet another important consideration in this equation. Want to learn more about car accident settlements? Read our full article here.

Should I get a lawyer for a car accident?

You can argue that the best time to hire a car accident lawyer is shortly after your accident happens. By hiring a car accident lawyer from our firm, you:

  • Protect yourself from insurance companies
  • Have a buffer between you and the parties who caused your accident
  • Reduce the risk of your rights being violated
The insurance company may try to get you to accept a low settlement offer. These offers come quickly but generally do not cover your long-term losses. A lawyer from our team will shield you from lowball settlement offers by fighting for the full scope of your damages. You can learn more by reading our full blog post here.

How Much Does It Cost To Hire a Car Accident Lawyer?

When you are involved in a car accident, there is a free consultation. If you have a case, you pay no fees until we win your case. The cost calculates as a percentage of the amount you are awarded as compensation through settlement or jury trial, also known as a contingency fee basis.

I Have Insurance, and I Have the Other Driver’s Insurance Information. Why Do I Need a Lawyer?

Unfortunately, people are not always honest, and you need a knowledgeable lawyer to help you gather evidence that you cannot get on your own. Of course, you need the accident report, but you also may need witness statements, certified weather reports,  photos from the accident scene,  driver statements,  and other evidence to establish liability.

Med Mal - FAQ

What is the Average Settlement for a Medical Malpractice Lawsuit?

Since medical malpractice covers such a wide variety of injuries and scenarios, there is no average settlement amount for a medical malpractice lawsuit. Furthermore, many individual factors can affect a settlement’s amount, such as the injury’s permanence and impact on your job and whether your case settles out of court. When thinking about your malpractice case, remember that it is a  personal injury with losses. Malpractice is then subcategorized into different types, each with its own area.  To learn more, please read our full article here.

How Does a Medical Malpractice Lawsuit Work?

Medical malpractice lawsuits usually begin with an insurance claim. Your attorney will attempt to prove your case and negotiate a settlement that covers your damages. If obtaining compensation outside of court is not an option, you can pursue a civil suit. Want to find out more? Read our full article here.

What is Medical Malpractice?

All doctors, physicians, and nurses must adhere to a professional standard of care when treating patients. This standard of care is determined by the medical community. Medical malpractice occurs when a medical professional fails to provide the proper standard of care and injures a patient. Medical malpractice typically results in the worsening of an existing condition.

What Needs to Be Proved to Win a Medical Negligence Case?

A personal injury victim must prove several of the typical elements of negligence to win their medical negligence case. They must show that the medical provider owed them a duty of care, breached that duty, and caused their injuries. They must also prove they suffered damages as a result of the medical negligence. Medical negligence and malpractice cases typically require the use of medical experts to show how a provider deviated from their standard of care.

PI - FAQ

Do I Need A Personal Injury Lawyer?

You do not need a personal injury lawyer, but one can benefit you in many ways following an accident resulting in serious physical harm. Severe injuries can lead to expensive medical care, extended absences from work, pain and suffering, and other damages. Read our full article to find out more about when it's right to hire a personal injury lawyer. 

What Does a Personal Injury Lawyer Do?

Personal injury lawyers help victims recover compensation for injuries and damages that someone else’s negligence caused. They do this by helping clients with insurance claims and/or civil lawsuits. Want to learn more? Read our full article here.

What Questions Should I Ask a Personal Injury Lawyer?

When searching for a personal injury lawyer, you should ask questions about their experience, services and results.  You only have one chance to recover and finding the right lawyer can make a big difference in the final outcome of your case, the level of services that you receive, and the amount of compensation that you are awarded.   Want more information? Read our full article here.

What Damages Are Available to Accident Victims?

Accident victims are entitled to damages for all losses sustained in an accident. These damages come in two broad forms. Economic damages compensate victims for direct financial losses related to the accident. These include medical expenses, lost income, diminished earning capacity, and more. Non-economic damages cover non-financial losses that don’t have a clear financial value. Examples include pain and suffering, emotional distress, disfigurement, reduced quality of life, and loss of consortium.

What is a Personal Injury Case?

A personal injury case is a legal action that arises from an accident or injury. Typically, these cases are based on negligence. An injury claim provides a way for the victim to recover compensation for losses they’ve experienced due to the incident. Personal injury cases typically arise from motor vehicle accidents, construction accidents, slip and falls, medical malpractice, and other injury-causing events.

What is the Personal Injury Claims Process?

The personal injury claims process begins when an injury victim submits a claim to an insurance company. Typically, they will file this claim against the insurer for the party who caused the accident. The insurance company will assign an adjuster to investigate the claim. If the adjuster determines the insurance company is liable for the accident, it will offer a settlement to cover the victim’s damages. However, these settlement offers don’t always fully account for the victim’s losses. If they determine the insurer is not liable, they will deny the claim.

Construction - FAQ

How Do I Make an Accident Report from a Construction Accident?

If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury. First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident. Want to learn more about how to make an accident report? Read our full article here.

Can I Still Recover Damages If I’m Being Blamed for a Construction Accident?

Yes. You can still recover compensation if you are being blamed for a construction accident. Workers' compensation is a no-fault system. If you are seeking workers’ comp, you can recover benefits regardless of whether you are at fault for the accident. If you are filing a third-party suit and are partly at fault, New York’s pure comparative fault rules will come into play. In this case, your compensation will be reduced to account for your share of the blame for the construction accident.

How Much Is My Construction Accident Case Worth?

The value of your case will depend on many different factors. Your economic damages, which are the direct financial losses you’ve sustained in the accident, will make up a large portion of your compensation. These damages include medical expenses and lost wages, among other things. Your non-economic damages, which represent the personal, non-financial losses related to the accident, will also influence your case’s worth. Other factors, such as available insurance coverages and comparative fault, can also affect your award.

What Damages Are Available to Construction Accident Victims?

There are two main types of damages available to construction accident victims. Economic damages cover financial losses, such as medical expenses, lost wages, and diminished earning capacity. Non-economic damages cover personal, non-monetary losses related to the accident. These include pain and suffering, emotional distress, scarring/disfigurement, and loss of consortium. Rare cases may qualify for punitive damages, such as incidents where the construction company ignored safety standards.

How Long Do I Have to File a Lawsuit After a Construction Accident?

Your time to file a construction lawsuit is limited by the statute of limitations. New York gives you three years from the date of the accident to initiate a personal injury lawsuit. The statute of limitations is a hard deadline. If you fail to file your lawsuit within the time limit, you will be barred from recovering compensation.

MV Accidents - FAQ

What Should I Do After a Motor Vehicle Accident?

After a motor vehicle accident, you should always call for help. While you wait for help to arrive, check for injuries—both your own and those of others involved in the collision. Be sure to accept necessary medical attention from any paramedics on the scene and follow up with a health care provider as soon as possible in the days following the accident. Last but not least, connect with a lawyer––and do it fast. Get more information on what to do after an auto accident by reading our full post.

How Is Fault Determined in a Motor Vehicle Accident?

Fault is determined by the way that the accident happened.  Did a driver go through a light or stop sign?  Was the driver speeding or driving unreasonably under the circumstances?  New York is a comparative fault state, meaning you can still recover some compensation for damages even if you are the mostly at-fault driver. Many times, the crash is a result of both drivers who share percentages of the fault.

What Happens if the Other Driver Was Uninsured?

If the other driver was uninsured we can file an uninsured motorist claim under your vehicle’s insurance policy.  Automobile insurance policies written for New York State motorists are required to have uninsured protection.  This insurance will provide financial compensation to you, if the at fault driver does not have insurance. If you must file through your own insurer, you need a skilled law firm to help you recover the maximum money damages available.

What Damages Are Available if I’m Injured in a Motor Vehicle Crash?

Damages are recoverable for past and future pain and suffering, economic loss, such as lost wages, medical expenses, rehabilitation, therapy, and long-term residential care will also be considered damages under the law.  Union members may recover lost future benefits.  Other damages are recoverable and will be reviewed on a case-by-case basis.

Can I Get Compensated if I Was Partly at Fault for My Motor Vehicle Accident?

The short answer is yes - many times, you can be compensated if you are partly at fault. Again, New York is a no-fault insurance state in which your own insurance pays for your out-of-pocket costs such as limited lost wages and medical bills up to $50,000.  When you make a claim for pain and suffering as well as certain economic loss above no-fault, the percentages of fault will be considered in your recovery. Your injury from your motor vehicle accident may have a certain value, however, fault will be taken into consideration at the time of trial or settlement.

Work Injuries

Can I Sue For A Work-Related Injury?

You can sue for a work-related injury under certain conditions. Typically, employers in New York have immunity from personal injury lawsuits, but there are exceptions. There may be other liable parties (other than your employer) who do not have this immunity. You can read our full blog post here to find out more.

Personal Injury

What is a spinal cord injury?

A spinal cord injury happens when the spinal cord is partially or completely severed, resulting in partial or complete paralysis.

What are the chances of recovery from a spinal cord injury?

Spinal cord injuries are one of the most devastating injuries you can suffer. While there is no way to reverse the damage completely, immediate treatment and medical advances can sometimes make a significant difference in the outcome.

What is life like after a spinal cord injury?

The amount of independence and movement is different for each person depending on where on the spine the injury occurred. Every person who sustains a spinal cord injury will have a different lifestyle than before the injury.

Why should I contact a spinal cord injury attorney after a spinal cord accident?

The challenges that a spinal cord victim faces are ongoing and life-changing. A skilled attorney who can fight for your rights, compensation, and continuing medical expenses is invaluable.

Malpractice

How Long Do I Have to File a Medical Malpractice Lawsuit?

Medical malpractice victims have limited time to file an injury claim. Typically, you have 2 years and 6 months from the date of the malpractice or from the end of continuous treatment rendered by the medical provider. However, you cannot file a claim more than seven years after the accident. There are limited exceptions to these rules.

Your Legal Status Doesn't Matter

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Our convenient office locations in the Bronx, Queens, and Manhattan are staffed with bilingual staff members who are prepared to help you recover money for your losses. We will handle everything involved with your personal injury case.

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