Brooklyn Personal Injury Frequently Asked Questions

There is much to consider when dealing with a personal injury and the resulting claim for compensation. Accidents take many forms, and there may be many people or entities involved—not to mention having to deal with insurance representatives.

If you have been involved in some form of accident, you probably have a number of questions that you’d like to get answers to. We’ve answered a few of the most common Brooklyn personal injury frequently asked questions in the space below:

What is a contingency fee?

When an attorney works on a contingency fee basis, they are making an agreement with their client that they will receive no payment until after that client is compensated. Furthermore, if they fail to win the case in settlement or in court, then there is no fee at all.

What are non-economic damages?

Non-economic damages are losses that don’t have an obvious financial value. They cover items such as pain and suffering, mental anguish, loss of consortium, and other negative effects that don’t directly cause loss of income or personal expense.

How long do I have to file a personal injury claim in New York?

The statute of limitations is different for some types of personal injury claims. You have three years to file a “standard” personal injury claim, two years to file for wrongful death, and two years and six months for medical malpractice.

Can I sue if I was partially at fault for my personal injury?

Under New York’s pure comparative fault rule, you can still file a claim, but it will be reduced by the amount of liability you bear. For example, if you are awarded $300,000 but are found to be 10 percent at fault, then you would only receive $270.000.

Can I sue a government agency for causing my accident?

You are able to file a personal injury lawsuit against a government agency, but there could be many additional steps, roadblocks, time constraints, and limits to the amount of compensation you can receive.

If I was hurt at work, can I file a personal injury claim?

Sometimes a worker can sue for damages beyond what workers compensation may provide. This includes accidents involving defective products and toxic substances, malice or egregious misconduct, and responsible outside third parties. You can also file a personal injury claim against your employer or coworker if your employer doesn’t carry workers compensation insurance.

What is loss of consortium?

If the injured person can no longer express the same love, affection, companionship, comfort, society, or sexual relations as before the accident, then loss of consortium can be claimed.

Free Consultation with a Personal Injury Attorney

If you have any further questions or simply want to begin work on your claim, speaking with a personal injury lawyer from Greenstein & Milbauer, LLP is the first step to take. Call us at 1-800-VICTIM2 (842-8462) to schedule a free, no-obligation consultation, or fill out the information form below to set a time for us to call you back.

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