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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.

What should I do after a car accident?

After a car 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.

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.

Malpractice

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.

Personal Injury

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.

Construction

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.

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.

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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