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Day: August 24, 2018

New York Personal Injury & No-Fault FAQ

Every personal injury claim is different and there are no guarantees. Below are rough answers to some questions we hear frequently about personal injury. Further below is a specific FAQ on No-Fault in New York.

Personal Injury FAQ

Q: How much do lawyers charge?

A: For most personal injury claims, there is no fee unless you collect. Most lawyers in New York charge a one-third contingency fee. When the claim is resolved, the lawyer gets reimbursed for expenses out of the award. Next the lawyer takes the one-third fee. For example, if a claim settles for $35,000, and the lawyer has $2000 in expenses, the fee is $11,000 (1/3 of $33,000). The client would get $22,000.

Q: Does the lawyer always pay the expenses up front?

A: Usually, but not always. There are two major situations where we don’t. First, some personal injury claims are not very strong, but we might still be willing to work on a contingency fee basis. In such claims, we will tell the client that they will have to pay the expenses. The other situation is when there is a good offer and the client refuses to accept it against our advice. In these lawsuits we require the client to cover all future expenses.

Q: What are typical expenses in a personal injury lawsuit?

A: In New York personal injury lawsuits, filing fees usually total less than $500. Deposition transcripts also usually total less than $500. The biggest expense is when a lawsuit goes to trial and we have to pay doctors and other experts to testify. We have paid anywhere from $300 to $7500 for a doctor’s testimony, and some doctors charge as much as $5000. Other expenses include process servers, investigations, medical records, and meals. In some cases you may need other experts. In one big case we spent about $10K on an accident reconstructionist. The other side spent about $40K on theirs.

Q: What is the process?

A: First most lawyers negotiate with the insurance company. If negotiations are unproductive, the lawyer files a lawsuit. For a few months the lawyers exchange paperwork with the insurance company attorneys. Next come depositions, where they question the plaintiff client and the plaintiff lawyer questions theirs. Then the insurance company might have the plaintiff examined by their doctor in what’s known as an IME – Independent Medical Examination. Plaintiff lawyers prefer to call this a Defense Medical Examination. Last is trial. A lawsuit might settle at any point along the way, even while the jury is deliberating.

After a trial the losing side can appeal. Sometimes even the winner can appeal. Cases sometimes settle during the appeal process.

No-Fault FAQ

When you are hurt in an automobile accident in New York State, No-Fault insurance can help with many of your costs. The following frequently asked questions (FAQ) will help you to understand when and how No-Fault pays, what it pays for, and what you have to do.

Q: Am I eligible for No-Fault benefits?

A: …