17 Questions: Personal Injury

New York Personal Injury FAQ

1. I HAVE A WORKERS’ COMPENSATION CASE – CAN I BRING A PERSONAL INJURY CLAIM?

Yes, you can bring a personal injury claim, even if you have a workers' compensation case.  It’s not an either or – you can have both a workers’ compensation and personal injury claim at the same time.  You can file a personal injury claim if the negligence of anyone other than your employer caused your injuries.

2. WHAT SHOULD I DO IF AN INSURANCE COMPANY CONTACTS ME AFTER MY ACCIDENT OR OFFERS ME A CHECK RIGHT AWAY?

If an insurance company or any representatives from an insurance company contact you after your accident, you should not speak to them. Sometimes, they may use what you say against you to limit your legal rights. In order to avoid that, it's important to immediately contact your attorney. If you don't have an attorney, you should contact one right away.

If the insurance company offers you a check right away, you should not accept that check, and if they do send you the check by mail, you shouldn't cash it without talking to an experienced personal injury lawyer first. It's important to do that to make sure that your rights are protected because if you cash the check or you accept it, you may be waiving certain rights.

3. MY SUPERVISOR SAID THAT IF I MAKE A CLAIM FOR MY ACCIDENT, I’LL LOSE MY JOB.  WHAT DO I DO?

Anytime a supervisor makes a threat like this, you should know that’s illegal.  They should not be saying that to you.  Federal and state law protects workers against retaliation when they file a good faith claim.  If you’re afraid that your workplace may fire you because you want to file a lawsuit, you should contact a personal injury attorney for a free and confidential consultation and talk to them about your concerns and your possible lawsuit.

4. WHAT HAPPENS IF I’M NOT ABLE TO WORK AFTER MY ACCIDENT?

Part of your personal injury claim will include the income, wages, pension, and/or other benefits that you would have received had you not been injured.  If your injuries render you permanently disabled, your claim will also include any economic loss you will have for the rest of your life.  

5. CAN I MAKE A CLAIM FOR MEDICAL EXPENSES?

Yes, part of your personal injury claim will include medical expenses that you've incurred. That includes anything that you have paid out-of-pocket, or anything that was paid by your health insurance or workers’ compensation, that you may be responsible for.  What is also important to know is that any medical expenses that you may require in the future should also be part of your claim.  

6. I’M NOT A CITIZEN – CAN I STILL BRING A PERSONAL INJURY LAWSUIT?

Yes, you can still bring a personal injury claim if you are not a citizen. Your immigration status does not affect your ability to bring a personal injury lawsuit. You are entitled to bring a claim whether you are or are not a citizen. This is very important to know because people are going to make threats against you, but you have the same rights as anybody else who gets hurts. 

7. CAN I BRING A CASE IF I WAS PARTIALLY AT FAULT?

If you think you may partially at fault for the incident, you still have the legal right to bring a personal injury claim in New York if someone else negligently caused you harm. CPLR §1411.

8. CAN I FILE A CLAIM IF A FAMILY MEMBER DIED AS A RESULT OF NEGLIGENCE?

Yes, if your family member was a victim of negligence, and they passed away as a result, their estate has the right to file a civil personal injury lawsuit. That lawsuit would be on behalf of the estate and would include any pain and suffering the decedent experienced from the time of the negligence to the time they passed away, and any economic losses suffered by certain members of the family.

9. I HAVE A  LAWYER – CAN I CHANGE ATTORNEYS?

Yes, you're free to change your personal injury lawyer at any time and for any reason. The law in New York gives you the right to be represented by an attorney competently and diligently. And if you're not satisfied with that attorney's representation, you have the right to change attorneys at any time and for any reason.  

10. WHAT SHOULD I KNOW IF MY CHILD WAS IN AN ACCIDENT?

If your child was in an accident, it's important to know a couple of things. First is that you as the parent are entitled to bring a personal injury action on behalf of the child. The other thing that you should know is that the time limits that apply to regular cases may not apply to an incident that involves a child, and the time limits may be longer than you may expect. So, it's important that if your child was injured, that you consult with an attorney to see what your legal rights are and what the time limits are to bring that claim.

11. WHAT SHOULD I KNOW IF I’VE BEEN INJURED IN A CONSTRUCTION ACCIDENT?

It's important to know that if you've been in a construction accident that you have unique rights. The law in New York gives special protection to construction workers that are injured on the job. The law gives you certain protections to make sure that the work environment is safe for you and creates obligations on the general contractor, the owner, and other entities to make sure that you're kept safe when you're on the job.

Source:  Labor Law §§ 240(1), 241(6), and 200.

12. CAN I SUE THE DRIVER OF THE CAR I WAS RIDING IN IF I WAS INJURED IN A CAR ACCIDENT?

Yes, you can sue the driver of the vehicle you were riding in if you were in a car accident. The driver has a legal responsibility to act reasonably behind the wheel. If the driver breaches that duty and you get hurt, you have the right to bring a personal injury action against the driver.

13. WHAT SHOULD I DO IF I BELIEVE MY DOCTOR COMMITTED MEDICAL MALPRACTICE?

If you believe that your doctor committed medical malpractice, the most important thing you can do is consult with an attorney that's experienced in medical malpractice litigation, and to do it soon.  There are important deadlines to file a medical malpractice claim, or else you risk losing your claims forever. Additionally, experienced lawyers will have your records reviewed by experts in the field to determine if you have a valid claim. 

14. WHAT SHOULD I KNOW IF MY CHILD IS INJURED DURING CHILDBIRTH?

The first thing you should know is that when a doctor is treating a patient for anything, they are required to act within the standard of care. If they do not act within the standard of care during childbirth, and there is an injury, you are entitled to bring a legal action against the doctor and the hospital for the damages that have occurred because of their actions. Part of the damages will include the physical damages and the medical expenses that may be incurred into the future. You should also know that there are time limits when bringing a case like this. So, if your child has been injured during childbirth, it is important to contact an attorney to discuss your rights.

15. WHAT CAN I DO IF MY ELDERLY PARENT WAS INJURED OR ABUSED IN A NURSING HOME?

Your parent has legal rights and you should contact an attorney. Either your parent or their legal representative can bring a personal injury lawsuit on their behalf, and that lawsuit could be for preventable injuries which can include bed sores, broken bones from being improperly lifted, or from injuries that were the result of an assault.

16. CAN I FILE A CIVIL LAWSUIT FOR SEXUAL ABUSE OR SEXUAL ASSAULT?

If you're a survivor of sexual abuse or sexual assault, you have the right in New York state to bring a civil action against the perpetrator of your crime. You also have the right to bring a civil action against any organization or entity that may be responsible for allowing the sexual assault to happen. That could be a school, an apartment building, or even an employer.  

It’s important to know that you can file a civil lawsuit even if you did not pursue the criminal action, if you did not want to appear as a witness in criminal court, or if you did not even file a police report. What happened or did not happen in the criminal case does not affect your right to bring a civil lawsuit.

17. DO I HAVE ANY RIGHTS AS A SURVIVOR OF HUMAN TRAFFICKING?

Yes. As a survivor of human trafficking, you have the right to bring a civil lawsuit. Human trafficking is not just about sexual exploitation, it is also about forced labor. You do not have to have been exposed to violence to be considered a survivor of human trafficking. Another important aspect is that you do not have to have been brought into the United States from another country to be considered a survivor of human trafficking. If you have been a victim of human trafficking, you are entitled to bring a lawsuit against not only the individuals who trafficked you, but also against the companies that may have benefited from your forced labor or sexual exploitation. That could be a farm, a company that handled you, or a hotel where you were positioned during your trafficking.

CONTACT US

Our personal injury lawyers  have the expertise to evaluate your case and advise you of your legal rights. If you have been injured as a result of someone else’s negligence, you should focus on your recovery and let experienced lawyers focus on your case. 

Please contact us for a no cost, no obligation consultation. Let us advise you of your legal rights.