Frequently Asked Questions

Nothing upfront. Personal injury lawyers work on a contingency fee basis — you pay no legal fees unless we recover compensation for you. The standard fee is a percentage of the settlement or verdict. If we do not win your case, you owe us nothing.

A contingency fee means our payment is a percentage of your recovery — if you win nothing, you owe nothing. Case expenses like court fees, medical records, and expert reports are typically advanced by the firm and deducted from your settlement. We explain exactly how expenses are handled before you sign anything.

With a contingency fee arrangement, if there is no recovery, you owe no attorney fee. Most reputable firms also absorb case costs if the case is unsuccessful, though this varies. Always confirm this during your initial consultation.

You are not required to hire a lawyer, and for truly minor incidents with no injuries you may not need one. However, studies consistently show that claimants with attorneys receive significantly more compensation than those without — because insurance adjusters are trained negotiators working to minimize your payout.

Insurance companies routinely make fast, low offers hoping you will accept before you understand the true value of your claim. Once you sign a release, you can never ask for more — even if your injuries turn out to be far worse than expected. A lawyer can evaluate whether the offer is fair before you give up your rights.

What seems minor at the scene can change quickly. Whiplash, herniated discs, and soft tissue injuries often do not show symptoms for days or weeks. A free consultation costs you nothing and helps you understand whether your situation could develop into something more significant.

Many injuries that seem minor lead to chronic pain, ongoing treatment, and lost wages. Even cases that feel "small" can have significant value. We offer free consultations and will honestly tell you whether your case makes financial sense to pursue.

Yes. New York follows "pure comparative negligence," meaning you can recover damages even if you were partially at fault. Your compensation is reduced by your percentage of fault — so if you were 30% responsible, you can still recover 70% of your damages.

No. Under the "eggshell plaintiff" rule, the at-fault party is responsible for any aggravation or worsening of your pre-existing condition. If the accident made an existing injury worse, that worsening is fully compensable.

Look for a lawyer with specific experience in your type of case, a track record of results, clear communication practices, and the resources to take your case to trial if needed. Ask how many similar cases they have handled and what their typical communication timeline looks like.

What matters most is the attorney's experience with your specific type of case, willingness to go to trial, and whether you will have direct access to the lawyer handling your case. A mid-size firm often provides the ideal combination of resources and personalized attention.

Check the attorney's standing with the state bar, read reviews from real clients, ask about their trial experience (not just settlements), and pay attention to whether the consultation feels like a conversation or a sales pitch. A good lawyer will be honest if your case is weak.

Straightforward cases with clear liability often settle within 6 to 12 months after medical treatment is complete. Complex cases or those requiring litigation can take longer. The biggest factor is reaching "maximum medical improvement" — settling before you have fully recovered often means leaving money on the table.

Common reasons include ongoing medical treatment (which must be completed before valuing the claim), insurance company delay tactics, disputes over liability, and court scheduling. Your attorney should be able to explain exactly where your case stands and what is causing any delays.

You will speak with a member of our intake team who will gather basic information about your situation. A senior attorney will then review your case and contact you to discuss your options. If we take your case, we immediately begin investigating, preserving evidence, and communicating with the insurance companies on your behalf.

Approximately 95-97% of personal injury cases settle without ever going to trial. If your case is among the small percentage that does go to trial, your attorney will thoroughly prepare you for testimony. By the time you take the stand, you will know what questions to expect.

You may be entitled to economic damages (medical bills, lost wages, future treatment costs), non-economic damages (pain and suffering, loss of enjoyment of life, emotional distress), and in rare cases of extreme misconduct, punitive damages. Every case is different — a thorough evaluation considers both current and future impacts.

Your attorney will advise you based on the strength of your evidence, the fairness of the offer, and the risks of trial. Settlements are faster, more predictable, and private. Trials can produce larger awards but carry risk and take longer. The decision is always yours.

No. When you sign a settlement release, you permanently give up the right to pursue additional compensation for that incident, even if your condition worsens. This is why it is critical to reach maximum medical improvement before settling and to have an attorney who accounts for future medical needs.

Ensure safety first, call 911, seek medical attention even if you feel fine, exchange information with the other party, take photos of the scene and vehicles, collect witness contact information, report the accident to your insurance, and do not admit fault or apologize. Do not post about the accident on social media.

A delay does not automatically ruin your case, but it gives the insurance company ammunition to argue your injuries were not caused by the accident. Adrenaline frequently masks pain, and many injuries take days or weeks to manifest. See a doctor as soon as possible and mention the accident so it is documented in your medical records.

Gaps in treatment are one of the most common things insurance companies use to argue your injuries are not serious. If you have a gap, resume treatment and explain the reason to your doctor. Your attorney can help address treatment gaps and prevent them from undermining your claim.

Yes, significantly. Insurance companies routinely monitor claimants' social media. A photo of you smiling at a family event can be used to argue you are not really in pain. Until your case is fully resolved, avoid posting about your activities, your accident, or your injuries on any platform.

You are not legally obligated to give a recorded statement to the other driver's insurance company, and doing so before consulting a lawyer can seriously harm your case. Anything you say can be taken out of context or used to minimize your claim. Politely decline and speak to an attorney first.

Early offers are a deliberate tactic. Insurance companies know that once you sign a release, you cannot come back for more. They want to settle before you fully understand your injuries, before you hire a lawyer, and before the true cost of your claim becomes clear. A fast offer is almost always a low offer.

A denial does not mean your case is over. Insurance companies deny claims for many strategic reasons, including disputing fault, questioning the severity of injuries, or claiming treatment was unnecessary. An experienced attorney can challenge the denial, gather additional evidence, and if necessary, file a lawsuit.

New York is a no-fault state, meaning your own auto insurance pays up to $50,000 for medical expenses and lost wages regardless of who caused the accident. However, no-fault does NOT cover pain and suffering. To sue the at-fault driver for pain and suffering, your injuries must meet New York's "serious injury" threshold.

Under New York Insurance Law, you must show your injury falls into specific categories to file a lawsuit beyond no-fault. These include bone fractures, significant disfigurement, permanent loss of use of a body organ, or a significant limitation of a body function. Being unable to perform your usual daily activities for at least 90 of the first 180 days after the accident also qualifies.

Yes, but the rules are stricter and the deadlines are much shorter. Claims against the MTA or New York City require a Notice of Claim within 90 days of the accident and a lawsuit within one year and 90 days. Missing the 90-day deadline can permanently bar your claim, so contacting an attorney quickly is critical.

New York Labor Law Sections 240 and 241 provide some of the strongest protections for construction workers in the country. If you were injured in a gravity-related accident (fall from height, struck by falling object), property owners and general contractors may be strictly liable — meaning you can recover damages regardless of your own fault. These claims are separate from workers' compensation.

Pedestrians and cyclists injured by motor vehicles in New York have strong legal protections. As a non-motorist, you are entitled to no-fault benefits from the driver's insurance AND you can file a lawsuit for pain and suffering without needing to meet the serious injury threshold that applies to vehicle-on-vehicle accidents.

No. Immigration status does not affect your right to file a personal injury claim in New York. You are entitled to the same legal protections and compensation as any other person injured by someone else's negligence. Your information is kept confidential, and immigration status is generally not relevant or admissible in a personal injury case.

Rideshare companies carry substantial insurance policies that cover passengers and third parties injured by their drivers. Depending on the circumstances, you may have a claim against the rideshare driver, the company's insurance, or another at-fault party. These cases involve multiple insurance layers, so consulting with an attorney who understands rideshare liability is important.

We are not a referral mill that passes your case to another firm. When you hire us, our attorneys handle your case from start to finish. We have the resources to take on the largest insurance companies and corporations, and we treat every client with the personal attention they deserve.

We come to you. If you are hospitalized, homebound, or unable to travel, our attorneys will meet you wherever is most convenient — your home, the hospital, or by video call. With five offices across New York and New Jersey, we are always nearby.

We set clear expectations about communication from day one. You will have a dedicated point of contact, and we provide regular case updates. You deserve to know where your case stands at all times — and we believe the number one complaint about lawyers (lack of communication) should never apply to us.