Answers To The Most-Asked Personal Injury Questions
At Hutt Law, P.C., in New York, we know you have questions. We are here to provide support, guidance, representation and answers.
Here are a few of the personal injury questions that we get asked most often. On this page, we have provided general answers. If you need more details or have a different question, please call or email us to set up a free consultation, and we’d be happy to provide you with information. Call 212-323-7443.
Is there anything I can do to help my case right after an accident or injury?
Yes. There are several things you can do to ensure you have what you need to effectively pursue a claim. The things that you can do include:
- Document what happened right away. Get pictures of the site of the accident and your wounds and get medical attention.
- Call the police after a car accident. You will want to file a report too.
- Get the names and contact information of all witnesses.
- Contact an attorney before you speak to anyone from your insurance company or the other party’s insurance company.
Keep detailed records. It’s important to get medical attention after a car accident because some injuries such as concussions, whiplash, back injuries and internal injuries are not always immediately apparent. After an accident, you may be in shock or experience an adrenaline rush, both of which will mask pain.
What happens if I need to sue a municipality because I got hurt?
You should consult a personal injury attorney to be sure you understand the process, as it is very strict. You will need to file a “Notice of Claim” within 90 days and file a lawsuit within one year and 90 days of the accident. A wrongful death claim can be filed up to two years after the date of death. There are different statutes of limitations for different injuries. You can also sue the state, city or county for civil rights violations and these municipalities require that a “Notice of Claim” be served within 90 days, as well.
What is “no-fault” insurance?
No-fault insurance seeks to limit the amount of compensation you can seek after a car accident in New York up to $50,000 in combined medical and lost wage payments. No-fault insurance requires an injured driver or passenger to first turn to the driver’s own insurance for compensation to cover medical bills and other losses. It does not matter if the other driver caused the crash. In more serious car crashes, it may be possible to file a claim against the other driver’s insurance. The New York No-Fault Statute requires that you have a “serious injury” in order to start a lawsuit. “Serious injury” has been defined by the statute and courts to mean death, dismemberment, disfigurement, fracture, loss of a fetus, permanent loss of use of a bodily function, permanent limitation of a body part, and significant limitation of a body function for a nonpermanent medically determined injury affecting your daily life for at least 90 out of 130 days after the accident. Pain and suffering may also be part of the compensation pursued in these cases but will not be enough to prove your case, so it is important to consult with an attorney.
What does it mean that I am “partially at fault” for a car accident?
Shared fault cases mean that the person who was injured was somehow partially to blame for the accident. For example, if you are driving over the speed limit and someone turns in front of you, the other party may seek to reduce your compensation by a certain percentage. Insurance companies call this “comparative negligence.” This is another reason to speak with a personal injury attorney before ever talking with the insurance company. Didi Hutt used to work as an insurance defense attorney. She understands the tactics these companies use to attempt to pay less to injured parties. She also knows effective strategies to counter these tactics.
Where do slip and fall or trip-and-fall accidents happen?
Most commonly these accidents happen in grocery stores, bars and restaurants. However, slip and fall and trip-and-fall accidents can happen anywhere; in a parking lot or ramp, on a sidewalk, in a hardware or department store, even on private property, including a friend’s home or your own apartment building or home. The property owner will not be responsible for an accident unless it can be established that they had notice of the defective condition and did not correct it. If it is a municipality, they require prior written notice. An experienced personal injury attorney can help you establish these crucial factors. We offer a free consultation so that you can get the answers you need to move forward after a slip-and-fall injury.
How long do I have to file a claim after a dog bite?
The statute of limitations on New York dog bites is three years. What many people do not know is that when a dog bites a child, particularly on the face, this can cause permanent disfigurement and nerve damage. It’s extremely important for a young person to be seen by a doctor after any dog bite that punctures the skin. If you are worried that the dog will have to be put down you should know that each case is looked at individually. Courts consider the nature and the result of the attack in these cases. Here again consulting an attorney whose focus is personal injury cases first will serve you well.
The Answers And Support You Need After An Injury
At Hutt Law, P.C., we understand the emotional toll an injury can take on you and your family, we are here to ease the burden. Call for a free consultation 212-323-7443 or send us an email. We only get paid if you get the money you deserve. We have served the legal needs of injured people in New York for over 20 years.