Personal Injury FAQ
Get Answers to Common Personal Injury Questions
How long do I have to file a personal injury claim in New York?
According to the New York Statute of Limitations, you have three years
from the date of the injury to file a
personal injury claim. If you've suffered an injury due to a
slip and fall,
construction accident, or other form of negligence, it's important for you to contact an
experienced and trusted Long Island personal injury attorney from Gruenberg
Kelly Della as soon as possible.
How long does whiplash last?
One of the most common injuries associated with motor vehicle accidents
is whiplash. Whiplash is caused by the head being violently forced about
during the collision, which can severely damage the muscles, discs, ligaments,
and nerves in the neck and shoulders. Whiplash symptoms can persist up
to 3 months, but in severe cases, the pain has been known to last as long a year.
When should I see a doctor after an accident?
If you've been involved in an accident, even a minor one, it's
important to see a doctor as soon as possible. Many people put off seeing
a doctor because they don't "feel" injured, especially if
the accident was minor. However, our body's natural reaction of shock
and increased adrenaline can prevent us from experiencing the full weight
of our injuries. Seeing a doctor immediately after an accident will help
identify injuries before they cause long-term or permanent damage.
In addition, since a personal injury claim must be filed within three years,
it's important to have a trained medical professional begin documenting
your injuries as soon as possible, and throughout the whole course of
your claim. A skilled personal injury
lawyer from Gruenberg Kelly Della will do everything in their power to win your case, but without proper
documentation of your injuries, it may not be possible to secure the maximum
amount of recovery you deserve.
Can I sue my employer for premises liability?
In New York, the rules regarding this are very simple. If you are an employee
injured at work, you are entitled to workers' compensation, but generally,
you cannot sue your employer for additional damages. However, if it can
be proved that your injury was sustained due to gross negligence on part
of your employer, you may be able to file a
premises liability lawsuit. Since this area of law is very complex, we encourage you to call
Gruenberg Kelly Della to schedule a free consultation in which we can
discuss the details of your case and give you concrete answers about the
nature of your claim.
How long does a slip and fall lawsuit take?
The length of any personal injury lawsuit, including slip and fall injuries,
depends greatly on the skill and effectiveness of your personal injury
lawyer. Read our
full blog on this topic or call our office to schedule a free consultation with
one of our experienced Long Island slip and fall attorneys.
Can I seek compensation if I was partially at fault?
In most personal injury cases, New York follows the rule of
pure comparative negligence, which means that multiple parties can hold the blame for an accident
that only injures some of the parties. Even if you are found partially
to blame, you can still file a personal injury claim to recover compensation.
However, the amount of compensation you are awarded will be reduced by
the percentage of blame you are found to hold. For example, if the court
finds you responsible for 20% of the blame, you will only be able to receive
80% of the compensation you were initially awarded.
What is a contingency fee and how does it work?
If a personal injury lawyer in New York says they work off a contingency
fee, it means you, the client, are not required to pay any attorney fees
unless the lawyer is able to secure a favorable outcome to your case.
In New York, there is a cap on contingency fees of 33.3%. That means you,
the client, will receive 66.7% of the amount recovered from either settlement
or verdict; the rest will be applied to the attorney fees.
Contact a Long Island Personal Injury Attorney
At Gruenberg Kelly Della, we not only work on a contingency fee basis,
but we also offer a free initial consultation. You have nothing to lose
and everything to gain by calling our firm and scheduling a consultation
with an experienced member of our firm. Let us help you pursue the compensation