Personal Injury Frequently Asked Questions

Damages

Will I Gain Interest on My Personal Injury Award?
Just because a jury awarded the plaintiff a specific amount in damages does not mean they will receive it…

How Are Pain and Suffering Damages Calculated in New York?
When it comes to a personal injury claim, not all damages are created equal…

What is the Average Personal Injury Payout?
No two accidents are alike, and injuries can run the gamut from minor bumps and bruises to permanent neurological damage…

What is Loss of Consortium?
When looking into compensation available after your spouse has been injured in an accident, you may come across loss of consortium…

Are Punitive Damages Available in New York City Personal Injury Cases?
Punitive damages are meant to set an example that these actions come with steep financial consequences…

Can I Recover Lost Wages in a Personal Injury Lawsuit?
When you are disabled because of another party’s negligence, you cannot work and support your family…

Can I Recover My Medical Expenses in a Lawsuit?
A personal injury lawsuit is supposed to restore the plaintiff to the position that he or she would have been in before the accident…

What Are Non-Economic Damages?
Non-economic damages can be the most significant component of the compensation that you are entitled to in a negligence lawsuit…

What is Legally Considered a Serious Injury in New York?
A serious injury includes broken bones, severe disfigurement, dismemberment…

What Are Economic Damages in a New York Personal Injury Lawsuit?
Plaintiffs in personal injury lawsuits are entitled to seek damages…

Do You Have to Pay Taxes on a Personal Injury Settlement in New York?
Paying taxes on a personal injury settlement in New York depends on the type of compensation you receive…

Who Will Pay for My Prosthetic Limb After My Accident?
Losing in a limb in a car accident permanently changes your life…

What is a Lien on a Personal Injury Lawsuit?
If you owe creditors– often healthcare providers– money from your personal injury, they may put a lien on your award…

What is the “Collateral Source Rule” in New York Personal Injury Law?
The collateral source rule is fair, but the medical and benefit billing system is complex…

What Are Compensatory Damages in a Personal Injury Lawsuit?
The calculation of damages is often a highly-disputed matter in personal injury lawsuits…

What Are Lost Wages in New York?
In personal injury cases where victims are physically unable to work or earn a living, they can seek damages for lost wages…

What Are Special Damages in New York?
A serious accident that results in personal injury can cost a victim a fortune in hospital bills, lost income, and rehabilitation expenses…

What Types of Damages Are Available in a New York Personal Injury Case?
Available damages depends on many factors, including the type of accident and the severity of the injury…

Can I Recover Future Lost Income After an Accident in New York?
Some Injuries are so serious that a person will either never recover or return to the same job they had before…

How Is Loss of Income Calculated in New York If You’re Self-Employed?
When accident injuries prevent you from working and earning a living, the consequences can be devastating…

How Much Is My Personal Injury Claim Worth?
There is no one-size-fits-all formula when it comes to estimating personal injury compensation…

Evidence

Why Should I Keep a Pain Journal For My New York City Personal Injury Lawsuit?
It can be overwhelming to keep up with everything that happens following a serious personal injury…

What Evidence Do I Need in a Personal Injury Lawsuit?
If you or a loved one were injured because of the negligence or careless actions of another, you might be entitled to compensation…

Can You Still Sue If You Didn’t See a Doctor After Your Accident?
Delaying medical treatment or avoiding it entirely can be problematic for a personal injury claim…

How Do You Prove Negligence in New York?
Personal injury claims and lawsuits rely on a plaintiff’s ability to prove that negligence occurred…

Should I Keep a Personal Injury Journal After My Accident?
Keeping a personal injury journal is one of the easiest ways you can ensure that every detail of your injury is recorded…

Injuries

What is a Traumatic Brain Injury?
A traumatic brain injury is a bump, blow, or rupture of the skull that impairs the brain’s ability to carry out normal tasks…

What Happens if I Lose a Limb in an Accident?
Losing a limb is traumatic. But most amputee patients can live an independent and productive life…

Should I See a Doctor After a Head Injury?
It’s essential to see a doctor as soon as possible after a head injury…

What is a Catastrophic Injury in New York?
A catastrophic injury has a permanent impact on the victim’s life…

What Can I Expect After a Spinal Cord Injury?
The answer to this question depends on many factors, including the injury’s severity, location, and the care that is received…

What Types of Injuries Can You Sue For?
A successful civil lawsuit is built on four fundamental legal concepts…

What Should I Expect After a Traumatic Brain Injury?
Dealing with TBI is never easy, and the cost of treatment can be substantial…

Legal

What is the Duty to Mitigate in a Personal Injury Case?
When a personal injury occurs due to another party’s negligence, they should prove liable…

Will I Have to Testify in Court in My Personal Injury Lawsuit?
There is no guarantee that you won’t have to testify if you file a personal injury lawsuit…

Can My Insurer Put Me Under Surveillance After an Accident?
Insurance companies can put you under surveillance if they suspect your injuries are not as severe as you say…

Do I Need to Hire a Personal Injury Lawyer?
It is understandable if you are unsure how to proceed immediately following a severe injury…

How Do Personal Injury Lawyers Evaluate Paralysis Cases?
Paralysis is considered a catastrophic injury, resulting in life-altering, permanent disability…

What is a Personal Injury Cause of Action?
A personal injury cause of action is a set of facts that entitles a person to pursue monetary compensation for their accident-related losses…

Do I Need a Personal Injury Lawyer?
Every day, people are injured while going about their usual routine…

What Should I Look for in a Personal Injury Lawyer?
Choosing a New York personal injury lawyer is one of the most significant decisions you’ll ever make…

What is the Timeline of a Personal Injury Lawsuit in New York?
While all injury lawsuits are different, they all follow the same general timeline…

Will My Personal Injury Lawsuit Go to Trial?
A lot of people are wrongfully injured every day but hesitate to take legal action against negligent parties…

What is the Burden of Proof in a Personal Injury Case?
If you are injured and need to recover compensation for an accident, you will need to do more than just state this…

Why Does It Matter Where I File a Personal Injury Lawsuit?
The county, or venue, in which you file a personal injury lawsuit can make all the difference in the outcome of your case…

What is Summary Judgment?
When all the parties agree on the facts, there is no need for a trial. However, it is unusual for all parties to agree…

Can Social Media Hurt My Personal Injury Case?
Social media and the internet have given us the ability to share our thoughts and feelings across the world in a matter of seconds…

Can You Appeal a Verdict in an Injury Case?
If the verdict in your personal injury case in New York went against you, all is not lost…

What is an Expert Witness?
An expert witness is a specially trained professional called upon to provide valuable background information for a case…

How Long Do I Have to Bring a Claim for My Injuries?
If you have suffered injuries due to the careless actions of another person, you have the right to pursue monetary damages…

Is the Personal Injury Statute of Limitations Different for a Child?
When you are hurt, and someone else is legally at fault, the law recognizes your right to pursue compensation…

What is New York Personal Injury Law?
Our system of justice falls into two broad categories: criminal law and civil law…

What is the Statute of Limitations for Personal Injury Cases in New York?
In general, the statute of limitations depends on the type of accident involved and who may be at fault…

How Long Does a Personal Injury Case Take in New York?
New York is a no-fault insurance state when it comes to car accident claims, but injured parties still have the right to file a civil lawsuit..

Legal

Who Do I Sue in a Personal Injury Lawsuit?
Naming the correct parties in your lawsuit is a critical factor in collecting the largest possible damages award…

What is Assumption of Risk in Personal Injury Law?
The assumption of risk in a personal injury law case is an affirmative defense…

Can I Sue If I’m Injured on the Subway?
If you ride the subway regularly, you have noticed the generally dilapidated conditions of many subway stations…

What If I’m Injured as a Tourist in New York City?
You came to New York City for the arts and culture, but, because of another party’s negligence, ended up seriously hurt…

What is Negligence in Personal Injury Law?
Accidents that lead to personal injuries could give rise to liability if the person who caused it was negligent…

Can I Sue If My Child Is Injured In An Accident?
An injured child is every parent’s worst nightmare. An entirely preventable injury is even worse…

Can I Sue If My Child Was Injured at a New York City Public School?
If your child is seriously injured due to negligence of the administration or staff, you have the right to sue…

Can You File an Injury Claim Against the State of New York?
When you suffer an injury through no fault of your own, you could have a viable personal injury claim…

What is Comparative Negligence in New York?
Many people think that if they bear any responsibility for the accident, they cannot file a personal injury lawsuit…

Can I Sue After a “Dooring” Accident in New York City?
City cyclists dread the possibility of a dooring accident…

Are Liability Waivers Enforceable in New York?
Liability waivers are increasingly a part of every activity, whether the venture is particularly risky or not…

Settlements

What is Arbitration in a New York Personal Injury Lawsuit?
A personal injury claim can be resolved in a number of ways…

What is Mediation in a New York Personal Injury Case?
Mediation is a voluntary procedure used in personal injury claim resolution…

Will My Personal Injury Lawyer Negotiate With the Insurance Company?
Filing a claim with an insurance company can be incredibly frustrating without skilled legal representation…

Can My Lawyer Settle My Personal Injury Claim Without Me?
For an attorney to settle a claim without a client’s consent is a serious ethical violation…

How Will I Get Paid After Settling My Personal Injury Lawsuit?
Having a winning personal injury claim is one thing. Successfully recovering compensation from it is another…