New York Personal Injury FAQ's
WHAT IS PERSONAL INJURY?
Personal injury law covers a broad spectrum of issues when one has been physically or emotionally injured, and/or personal property has been damaged. In legal circles, personal injury law is also known as "tort" law, the French word for "wrong." Personal injury or "tort" law is the body of law that allows one to be compensated in the event that someone's carelessness, recklessness or intentional misconduct injures or damages you or your personal belongings. There are many ways Personal injury can occur. The following are some of the most common accidents resulting in personal injury:
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Auto Accidents
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Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
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Burn Accidents
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Construction/On the Job Accidents
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Dangerous or Defective Products
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Dog/Animal Bites
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Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
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Aviation Accidents and Plane Crash Events
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Nursing Home Abuse and Neglect
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Slip and Fall Accidents/Premises Liability
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Spinal Cord Injury
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Toxic Exposure
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Traumatic Brain Injury
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WHAT IS WRONGFUL DEATH?
A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing suit, rather it is the family members or the decedent's estate.
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UNDER WHAT CIRCUMSTANCES CAN A WRONGFUL DEATH OCCUR?
Wrongful death can occur as a result of many different situations, including:
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Medical malpractice resulting in a patient's death
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Neglect or abuse on the part of a nursing home that results in a patient's death
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Automobile, bus, train, airplane or other common carrier fatality accident
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Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
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Death during a supervised activity (sports tournament, field trip, etc.)
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WHAT SHOULD I DO IF I HAVE JUST HAD AN ACCIDENT?
Please see our Personal Injury Tips.
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WHY DO I NEED AN ATTORNEY?
Just as the insurance company has agents, adjusters, and appraisers representing its interests, you too should have a professional team who is on your side. In addition, our staff of attorneys, case managers, and legal secretaries will take the burden off of your shoulders so that you can focus on recovering from your injuries. Ultimately, we will fight to see that you receive fair compensation for your injuries.
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WHAT DO I HAVE TO PAY IF I HIRE AN ATTORNEY FROM HOGANWILLIG TO REPRESENT ME?
In regards to personal injury matters we represent people on a contingency fee arrangement. A contingency fee means "no recovery - no fee." In other words, we get paid for our services only if there is a monetary award or recovery of funds.
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WHAT KIND OF ATTENTION WILL MY CASE GET?
At HoganWillig, we use a team approach in handling our cases. Our attorneys and paralegals will keep you informed as your case progresses and we will answer your questions as they arise. We pride ourselves in being easy to talk to and always being available for our clients.
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HOW MUCH IS MY CASE WORTH?
Your case is ultimately worth what we can negotiate with the insurance company or the amount of the cash award granted by a judge and/or a jury. We will review your case in detail to arrive at a figure that we believe the insurance company will pay for your injuries. This is usually dependent upon the type of injury that you have, the type of treatment that you receive, whether or not you make a full recovery and what your past and future expenses are. All of these factors are important in valuing a case. Generally, we cannot tell you how much your case is worth until you have finished all of your treatment and you know what your future will hold for you.
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WILL I HAVE TO GO TO COURT?
If the insurance company agrees to pay you what we believe your case is worth and what you are willing to settle your case for, then you will not have to go to court. The majority of cases resolve without going to court and merely by pursuing the claim process with the insurance company, however, some cases cannot be resolved for a fair value with the insurance companies and these cases require some formal legal proceeding. We are experienced personal injury trial lawyers and, if need be, we will pursue your case in court.
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WHAT IS MEDIATION?
Mediation is an informal procedure where all parties and their lawyers meet in a conference room to attempt to negotiate a settlement. At mediation, we will make a brief presentation discussing our side of the case with the mediator (usually a retired lawyer or a judge) and, of course, with the lawyer for the other side and his or her representative (usually the insurance company adjuster). The lawyer for the other side will then make a brief presentation about their side of the case. You are required to attend mediation, but you are not required to say anything or to settle.
After the initial presentations are made, the mediator will meet with you and me separately from the other side and their lawyer. The mediator will then discuss the positives and negatives of our case and attempt to persuade us to lower our demand. The mediator will then meet with the other side, also in private, and attempt to persuade them to increase their offer to us. This process can be as short as one hour or can go on for several hours. The court orders that mediation takes place and that you and the other side appear in person at the mediation. The court does not order, of course, that the case settle at mediation.
For more information please read our Mediation FAQ.
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HOW LONG WILL IT TAKE TO RESOLVE MY CASE?
It all depends, since every case is difference. On average, more cases are wrapped up quickly after the doctor releases the client. On the other hand, many court dockets become crowded which causes a delay in proceedings. Sometimes, doctors are not able to provide the necessary medical documentation to expedite your case. Many other factors can also affect the length of time it takes to resolve your case such as:
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HOW WILL MY LAWYERS INFORM ME ABOUT CASE PROCEEDINGS?
Lawyers will keep you abreast of all case matters from the beginning to the end. You will also have critical say in the preparation of your case and will be kept in touch of its status. All clients are encouraged to contact us directly whenever they need an update. From time to time, our office will send you information in regards to your case status.
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WHAT DO I DO IF I HAVE A QUESTION?
Feel comfortable asking any question regarding your case. Since a large portion of our day may be in court, talking directly over the phone may not always be possible. For this reason, you should talk with your paralegal. Any question can be directed to them in a free and open manner. If your questions require specifics about your case and involve the immediate attention of a lawyer, your paralegal will work to advise counsel who will reach you directly.
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WILL MY CASE BE SETTLED WITHOUT MY APPROVAL?
Every settlement offer proposed to us will be discussed with you. No settlement offer will be taken without your consent.
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WHAT IS A FAIR AMOUNT FOR MY SETTLEMENT?
Evaluating a claim incorporates many different factors that counsel will discuss with you. Recommendations will be made with reasons given for every one by counsel. Since counsel has a wide breadth of experience in regards to case settlement and have knowledge of juries and judges behaving similarly in similar cases, clients usually follow our lead as far as recommendations are concerned.
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