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 car accident, slip and fall, construction accident, or other forms 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 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 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 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.

Schedule a FREE Consultation Today!

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 you deserve.