Negligence Malpractice FAQ

Who is responsible when a person is injured?

The defendant's breach of a legal duty must be related to the plaintiff's injury closely enough to be considered a proximate cause of the injury.

Do I need an attorney?

An attorney should be consulted if you have been seriously injured or are unsure as to the outcome of your injury.

An attorney will have the legal expertise, time and resources to effectively handle your claim. Experienced personal injury attorney's will be able to accurately analyze the value of your case and will be able to meet all of the rules, requirements and deadlines that have to be met.

Statistics show insurance companies pay more than twice as much compensation when an attorney is involved in your claim. The insurance company representing the party at fault is working against you and its goal is to pay you as little as possible to settle your claim.

How long do I have to hire an attorney?

You must file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all.

In New York State, most actions for personal injury must be brought within three years from the date when the cause of action occurs.

What damages can I recover?

You are entitled to recover for any actual damages that were proximately caused by the wrongful conduct of the defendant. Actual damages refers to the amount of money it would take to fully compensate you and place you in the same position you would have been had the injury never taken place.

Other damages you can recover for include:

  • Reasonable and necessary medical care
  • Property Damage
  • Loss of earnings and earnings capacity
  • Physical pain and suffering

How do I value my claim?

A claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the injury, the effects of the injury on your life and the negligence of the other party. However, there are other factors that can increase or reduce the value of your claim.