Personal Injury Questions and Answers

If you need a personal injury attorney, or you’re uncertain whether your situation requires a lawyer, contact the New York law firm of David Resnick & Associates, P.C. online or call us at (212) 279-2000 today for a free consultation about your case.

The legal team at David Resnick & Associates, P.C. understands the impact a personal injury can have on you and your family ¾ and we work hard to obtain the maximum money damages to which you're entitled. We serve accident victims in Manhattan, Queens, Brooklyn, Staten Island, the Bronx and all of New York City. 

Following are questions our clients often ask us about their personal injury cases.

What is personal injury?

A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident or medical malpractice. Common accidents that result in personal injuries include:

• Automobile accidents
• Truck accidents
• Construction accidents
• Medical malpractice
• Slip and falls

How do I know if I have a personal injury claim?

In order to have a personal injury case, you must be able to show that you have been injured, either physically or emotionally, by another person or legal entity, such as a business or corporation. You must also be able to prove that the person owed a duty of care to you, caused your injury through negligent or intentional conduct, and that you have suffered damages as a result.

I slipped and fell on a wet floor in a store. Now I have medical expenses to pay. What can I do?

In slip and fall cases, there are often a number of people or entities that may be held responsible for your injuries. For instance, if the business is renting space from a property owner, both the property owner and the tenant (the business) may be named as defendants by someone injured on the property. For an example of a slip and fall settlement, see our "About Our Cases" page.

I have been hurt in a car accident, and I think I want to file a personal injury claim. What should I do?

First, get prompt medical treatment for any injuries you may have. Proper medical care should be your first priority. Then call a personal injury attorney who can help you protect your legal rights. Here are some additional steps you should take.

• Write down as much as you can about the accident itself. List your injuries and any other losses you have suffered as a result of the accident.
• Document the conversations you have with people who witnessed or were involved in the accident or the injury claim.
• Take photographs with your cell phone camera. Photographs should include the scene of the accident from all angles, the surrounding area, your injuries, and any property damage.
• While you are required to contact your own insurance company about the accident, do not provide a written or recorded statement to an insurance adjuster until you have spoken with an attorney.
• Obtain the names, addresses, and phone numbers of all potential witnesses of the accident.

What does ‘negligence’ mean?

Negligence is a legal concept that applies to situations where a person is injured by the actions of another. Negligence is generally defined as the failure to exercise reasonable care in a situation that causes or contributes to the injuries of another person. In civil court, an injured person can collect money damages if he can prove that his injuries were caused by the negligence of another person.

What type of damages can I recover in my personal injury action?

The type of damages you can recover for your injuries depends on the type and extent of your personal injury. The damages may include the following:

• Medical bills
• Lost wages
• Pain and suffering
• Physical disability
• Disfigurement
• Permanent scars
• Emotional trauma
• Mental anguish
• Loss of enjoyment
• Loss of love and affection
• Property damage
• Out of pocket expenses

Should I cooperate with the insurance companies?

Once you have hired an injury attorney to handle your case, you should consult with your attorney about who you should and should not speak to regarding your case. You should avoid any written or recorded statements without the approval of your attorney because they could later be used against you. You should not sign any forms (even releases of information) from any of the insurance companies because you may unknowingly sign away your right to bring a legal action. Even when you are dealing with your own insurance company, it is advisable to consult with your attorney before signing documents or accepting any settlements.

What is the statute of limitations for filing a personal injury claim?

The statute of limitations, or deadline, for personal injury claims depends on who you are filing the claim against. In cases where you are suing another person, company or business for their actions against you, you generally have three years to file a claim. If you are making a claim against the state of New York or one of its agencies, you have 90 days from the date of the accident to file a notice of claim.

In some instances a statute of limitations can be triggered by a previously undiscovered injury. For example, some illnesses may not be diagnosed for years after exposure to a harmful product or chemical. To obtain more details regarding statutes of limitations that may apply to your case, consult with an experienced personal injury lawyer.

Why do I need a lawyer?

A personal injury lawyer will represent you in settlement negotiations or at trial to help ensure that all of your accident-related expenses are covered. An experienced personal injury attorney will investigate the circumstances of your injuries, identify all responsible parties, locate and interview any witnesses, and define a strategy to maximize the compensation for your injuries.

If you have other questions about your personal injury, contact the New York law firm of David Resnick & Associates, P.C. online or call us at (212) 279-2000 today for a free consultation about your case.