New York No-Fault and Personal Injury FAQs

Every personal injury claim is different and there are no guarantees. Here are rough answers to some questions we frequently hear about personal injury. Below are specific FAQs about No-Fault in New York.

Personal Injury FAQ

Q: How much do lawyers charge?

A: For most personal injury claims, there is no fee unless you collect. Most New York attorneys charge a one-third contingency fee. When the claim is resolved, the attorney is reimbursed for the costs of the adjudication. The attorney then collects the one-third fee. For example, if a claim is settled for $ 35,000 and the attorney has $ 2,000 in expenses, the fee is $ 11,000 (1/3 of $ 33,000). The client would get $ 22,000.

Q: Does the lawyer always pay the expenses in advance?

A: Generally, but not always. There are two main situations in which we do not. First, some personal injury claims are not very strong, but we may still be willing to work with contingency fees. In such claims, we will tell the client that they will have to pay the expenses. The other situation is when there is a good offer and the client refuses to accept it against our advice. In these lawsuits we require the client to cover all future expenses.

Q: What are typical expenses in a personal injury lawsuit?

A: In New York personal injury lawsuits, filing fees generally add up to less than $ 500. Transcripts of statements also typically add up to less than $ 500. The biggest expense is when a lawsuit goes to trial and we have to pay. to doctors and other experts to testify. We have paid between $ 300 and $ 7,500 for a doctor’s testimony, and some doctors charge up to $ 5,000. Other expenses include process servers, investigations, medical records, and meals. In some cases, you may need other experts. In one big case, we spent about $ 10,000 on an accident reconstructor. The other side spent about $ 40,000 on theirs.

Q: What is the process?

A: First, most attorneys negotiate with the insurance company. If the negotiations are unproductive, the lawyer files a lawsuit. For a few months the lawyers exchange paperwork with the lawyers of the insurance company. Then come depositions, where the plaintiff client is questioned and the plaintiff’s attorney questions theirs. The insurance company could then have the claimant examined by their doctor in what is known as an independent medical examination (IME). Plaintiff attorneys prefer to call this a defense medical exam. The last is the judgment. A lawsuit can be resolved at any point along the way, even while the jury is out.

After a trial, the losing side can appeal. Sometimes even the winner can appeal. Sometimes cases are resolved during the appeals process.

Faq without fail

When you are injured in a car accident in New York State, no-fault insurance can help you with many of your costs. The following Frequently Asked Questions (FAQ) will help you understand when and how you pay No-Fault, what you pay, and what you need to do.

Q: Am I eligible for no-fault benefits?

A: You are eligible for no-fault benefits in New York State if:

1. You are injured in a car accident;

2. You are a pedestrian hit by a car or motorcycle;

3. You are injured while using, operating, or maintaining a motor vehicle, unless you are injured in the course of the vehicle repair or maintenance business.

*** Motorcycle drivers and their passengers are not eligible for no-fault benefits.

Q: What do I do first?

A: Submit your medical expenses and lost wages. New York State Disability and No-Fault Income Benefit Forms are provided by the no-fault insurance company (the insurance company that insured the car you were in or collided with at the time of the accident). To begin the process, you must send the documentation to that carrier. Failure to apply in a timely manner may result in denial of benefits. We recommend submitting this information as quickly as possible and we can help with the process.

Q: What information will I have to send?

A: You will be asked to list all the providers and medical facilities that are treating you. The no-fault insurer will send forms to your doctors. Most will send their invoices directly to the carrier. You should also include your employer (s) and any other related expenses.

Q: What if I go to a new doctor for treatment?

A: Give the new doctor the name and address of the no-fault insurance company so that he can also submit his bills for the company to pay. Once your application has been submitted, the no-fault carrier assumes responsibility for medical bills resulting from the accident.
You should also include your employer in your no-fault claim so that any lost wages you incur as a result of the accident can be recovered.

Q: What if my child is injured in an accident?

A: In New York State, if a minor (someone under the age of eighteen) receives medical treatment as a result of a car accident, the parent or guardian is legally responsible for those medical bills. Therefore, the parent or guardian should submit the minor’s medical bills to the insurance company without fault, just as they would their own. Again, the no-fault application must be filed on time or benefits may be denied.

Q: Besides medical bills, what other costs can I recover through No-Fault?

A: In New York State, the no-fault insurer can reimburse you for the cost of lost wages, prescriptions, travel expenses for medical treatment, and home help while you recover from your injuries, including child care costs while visiting medical providers. To get reimbursed for these expenses, you must submit them to No-Fault. We recommend submitting expenses immediately.

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