Every personal injury claim is different and there are no guarantees. Below are approximate answers to some frequently heard questions about personal injury. Below are FAQs specific to No-Fault in New York.
Frequently Asked Questions About Personal Injury
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 lawyer obtains funds for the costs of the award. Then the lawyer takes the one-third fee. For example, if a claim settles for $35,000 and the attorney has $2,000 in expenses, the fee is $11,000 (1/3 of $33,000). The customer would get $22,000.
Q: Does the lawyer always pay the expenses in advance?
A: Usually, but not always. There are two main situations where we don’t. First, some personal injury claims are not very strong, but we might still be willing to work on a contingency fee basis. In such claims, we will tell the client that he will have to pay the costs. 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 the typical expenses in a personal injury lawsuit?
A: In New York personal injury lawsuits, filing fees generally add up to less than $500. Deposition transcripts also often add up to less than $500. The biggest expense is when a lawsuit goes to trial and we have to pay doctors and other experts to testify. We have paid between $300 and $7,500 for a doctor’s testimony, with some doctors charging up to $5,000. Other expenses include process servers, investigations, medical records, and meals. In some cases, you may need other experts. In one major case, we spent around $10,000 on an accident reconstruction specialist. The other side spent about $40K on theirs.
Q: What is the process?
A: First, most attorneys negotiate with the insurance company. If the negotiations are unproductive, the attorney files a lawsuit. For a few months the lawyers swap roles with the insurance company’s lawyers. Then come the depositions, where they question the plaintiff’s client and the plaintiff’s lawyer questions theirs. The insurance company can then have the claimant examined by their doctor in what is known as an IME – Independent Medical Examination. Attorneys for the plaintiffs prefer to call this a defense medical exam. The last one is judgment. A lawsuit can be settled at any point along the way, even while the jury is deliberating.
After a trial, the losing party can appeal. Sometimes even the winner can appeal. Cases are sometimes resolved during the appeal process.
No-Fault FAQ
When you are injured in a car accident in New York State, no-fault insurance can help with many of your costs. The following FAQs will help you understand when and how you pay for No-Fault, what you pay for, 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 struck 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 repairing or maintaining a vehicle.
*** Motorcycle riders and their passengers are not eligible for No-Fault benefits.
Q: What do I do first?
A: Submit your medical expenses and lost wages. The forms for New York State no-fault disability income benefits are provided by the no-fault insurance company (the insurance company that insured the car you were in or struck you at the time of the accident). To begin the process, you must submit documentation to that carrier. Failure to file 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 need to submit?
A: You will be asked to list all medical providers and facilities that are treating you. The No-Fault insurer will send forms to their doctors. Most will send their invoices directly to the carrier. You must also list your employer(s) and any other related expenses.
Q: What if I go to a new doctor for treatment?
A: Provide the new doctor with the name and address of the no-fault insurer so they too can submit their bills for the insurer to pay. Once your claim has been filed, the no-fault insurance company assumes responsibility for any medical bills resulting from the accident.
You should also include your employer in the application for no-fault benefits so that you can recover any lost wages you incur as a result of the accident.
Q: What happens 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 send the minor’s medical bills to the No-Fault insurance company, just as they would their own. Again, the No-Fault application must be filed on time, or benefits may be denied.
Q: Medical bills, what other costs besides can I recover through No-Fault?
A: In New York State, the no-fault insurance company can reimburse you for the cost of lost wages, prescriptions, travel expenses for medical treatment, and domestic help while you recover from your injuries, including child care costs while you visit medical providers. To get funds for these expenses, you must send them to No-Fault. We recommend submitting expenses immediately.
