Personal Injury FAQs

First and foremost seek medical attention. Even if injuries seem minor it is essential to have a medical professional’s evaluation. Contact 911 and be sure to document the scene where the injury took place – including photos. Once everything is documented it is time to look into an Accident lawyer in Brooklyn.

Nobody wants to be the victim of a personal injury. The lasting impact can have victims struggling to make ends meet due to medical bills, prolonged absences from work, pain and suffering, and emotional distress. These are all areas that The Levitsky Law Firm can be a guide as to seeking the appropriate compensation.

There is no standard dollar amount for a personal injury claim. Case value can depend on the severity and duration of the injuries, medical treatment, lost income, future financial losses, pain and suffering, available insurance coverage, and the strength of the evidence establishing liability. Any share of fault attributed to the injured person may also affect the amount recovered under New York law.

A reliable case evaluation requires a review of the specific accident, injuries, records, and available sources of compensation rather than applying a fixed range or percentage.

A party that is at fault will report the accident to their respective insurance. While the insurance company may reach out for contact, it is important to not speak with them without going through an attorney first. This prevents being taken advantage of and any misrepresentation towards the accident case.

After taking the steps of seeking medical attention and documenting the accident, it may be helpful to speak with an accident lawyer promptly. An attorney can review the circumstances, identify filing requirements and potential sources of compensation, preserve relevant evidence, and address communications that arise during the claim. Acting early can be especially important when a shorter deadline or notice requirement applies.

New York’s comparative-fault rule now depends in part on the type of personal injury case. Under CPLR § 1411(a), a claimant’s own culpable conduct generally does not bar recovery in personal injury actions. Instead, the damages otherwise recoverable are reduced in proportion to the claimant’s share of fault.

Motor-vehicle injury cases subject to Article 51 of the Insurance Law are treated differently under CPLR § 1411(b). In those cases, a claimant is barred from recovery if the claimant’s culpable conduct is greater than the fault of the person, or combined fault of the people, from whom recovery is sought. If that threshold is not crossed, comparative fault may still reduce the damages awarded.

Fault disputes can also arise in pedestrian accidents, falls, construction incidents, and other injury claims. Photos, surveillance footage, witness statements, incident reports, vehicle data, and other records may become important when the parties disagree about what happened. The Levitsky Law Firm can review the available evidence and the arguments being made about responsibility.

Many New York personal injury actions are subject to a three-year limitations period under CPLR § 214. The applicable deadline, however, depends on the type of claim, the defendant, and the circumstances surrounding the injury. Different rules can apply to medical malpractice, claims involving public entities, certain exposure cases, and other categories.

Waiting until the end of a limitations period can also create practical problems. Evidence may be lost, witnesses may become harder to locate, and records may be more difficult to obtain. An injured person should determine the applicable deadline as early as possible rather than assuming every personal injury claim follows the same timetable.

Yes. Claims involving a municipality or another qualifying public corporation may involve notice requirements that arise much sooner than the ordinary limitations period for many personal injury actions. New York General Municipal Law § 50-e generally requires a notice of claim to be served within 90 days after the claim arises when that statute applies.

These requirements can become relevant when an injury involves government-owned property, a municipal vehicle, a public employee, or another public entity. The precise defendant matters because different statutes may impose different procedures and filing periods. Prompt review can help determine whether a notice of claim or another preliminary filing is required.

New York’s no-fault system provides first-party benefits for certain economic losses arising from the use or operation of a motor vehicle. Insurance Law § 5102 defines basic economic loss to include qualifying medical expenses, lost earnings subject to statutory limits, and certain other necessary expenses, up to the statutory amount.

No-fault benefits and a liability claim are not the same thing. Under Insurance Law § 5104, a covered person generally cannot recover non-economic damages such as pain and suffering from another covered person unless the injury satisfies New York’s “serious injury” requirement. The statute includes categories such as fractures, significant disfigurement, and certain permanent or significant limitations.

A person hurt in a crash may therefore have insurance issues and a potential liability claim developing at the same time. Our firm’s personal injury practice includes matters involving motor vehicle accidents and other injury claims in New York.

The evidence needed depends on how the injury occurred. Medical records can document diagnoses, treatment, restrictions, and the progression of an injury. Photographs or video may preserve unsafe property conditions, vehicle damage, road conditions, or other details that later change. Employment records may help establish income lost because an injury prevented someone from working.

Other useful materials can include police reports, incident reports, witness information, receipts, correspondence with insurers, and records of out-of-pocket expenses. Keeping documents organized can make it easier to evaluate both liability and damages. Injured people should also avoid altering or discarding materials that could later become relevant to the claim.

Recoverable damages depend on the facts and the legal basis for the claim. Economic losses may include qualifying medical expenses, lost income, reduced earning ability, rehabilitation costs, and other measurable financial losses. Non-economic damages may include pain and suffering when the law permits recovery.

The amount cannot be determined from an injury label alone. Two people with similar diagnoses may have very different treatment histories, work limitations, long-term effects, and insurance issues. Liability, available coverage, comparative fault, medical evidence, and the effect of the injury on daily life can all influence the value of a claim.

The firm’s published personal injury results show outcomes obtained in prior matters, but prior results do not guarantee a similar result in another case. Every claim must be evaluated on its own evidence and circumstances.

Many personal injury matters are resolved without a trial, but settlement is not automatic. A claim may involve investigation, medical treatment, insurance review, negotiation, discovery, motions, and other stages before the parties know whether an agreement is realistic. The strength of the evidence and the positions taken by the parties can affect how the case develops.

A settlement also involves more than accepting a dollar amount. Releases, liens, insurance payments, litigation costs, and other financial issues may need review before a matter is completed. If the parties cannot reach an acceptable resolution, litigation may continue toward trial.

Early legal review can be useful when fault is disputed, injuries are significant, an insurer is requesting statements or records, a public entity may be involved, or a filing deadline could apply. The goal is to identify the legal and evidentiary issues before avoidable problems affect the claim.

The Levitsky Law Firm represents injured clients in Brooklyn, Manhattan, and the New York City metropolitan area. If you have questions about an accident, insurance issue, or potential personal injury claim, contact us today to discuss the circumstances and available legal options.