Michael A. Fakhoury, Esq., P.C. is committed to helping people with personal injuries. Here are quick answers to some questions many people have about automobile and motorcycle accidents, slip-and-fall claims, medical malpractice, no-fault insurance, and lawsuits in general.
Remember, every situation is different, so if you have been injured, you should contact us today for a free initial consultation. Se habla español.
How serious does my injury have to be to get compensation for pain and suffering?
If you are injured as an operator or passenger in a motor vehicle (excluding motorcycle claims), you are not generally entitled to make a claim for pain and suffering unless you have sustained a "serious injury." This is a specific legal term in the Insurance Law that includes death, dismemberment, significant disfigurement, fractures, loss of a fetus, permanent loss or significant limitation on the use of a body organ or function, or an impairment which renders you unable to do your normal daily activities for any 90 out of the first 180 days following your accident.
How "defective" does the property have to be for me to have a slip-and-fall claim?
It is not enough just to claim that a defect existed. The law requires that the plaintiff prove that the owner or controller of the property had prior notice of the dangerous condition. Otherwise, the case could be dismissed. If you don't know what caused you to fall, your claim will be extremely difficult to prosecute.
For example, if you slip on a substance, you must be able to identify what it was that caused you to fall. If you fall, take a picture immediately. Get names and addresses of witnesses and report your fall to the premises owner or occupier. Request a copy of any surveillance films immediately, and ask the owner to take photos of the defect. Don't sign any accident forms until you have consulted with your attorney
What is the statute of limitations on a slip-and-fall claim?
For general claims, the time limit to file claims is 3 years. However, the time limit is considerably shorter with municipal claims (towns, cities, school districts) and a 90-day written notice of claim is required to be personally served on the municipal corporation with the suit to be commenced generally within 1 year and 90 days of the injury. It is important, therefore, that you contact your lawyer right away.
Do I still have a slip-and-fall-claim if I fell on property leased by someone else?
If premises are leased, it is the entity in control of the premises that generally bears responsibility for the condition of the premises. (Sometimes premises safety can be the responsibility of more than one party). Title must be determined, and oftentimes property agreements such as leases must be examined.
What is the statute of limitations on a medical malpractice claim?
The general rule in New York is that medical malpractice claims must be made within 2 & ½ years from the date of malpractice, not three years. Wrongful death claims must generally be made within 2 years of death. Claims for birth injuries in New York must be made before the child reaches age 10, not 18.
How quickly do I need to file for no-fault benefits?
You must file an application within 30 days of the accident with the insurance carrier of the car you operated or in which you were a passenger, or the carrier of the car that struck you, if you were a pedestrian. After filing your application, the carrier will send appropriate forms to the medical providers. Your medical providers will usually directly bill the no-fault carrier. They must do so within 45 days.
How do I get reimbursed under no-fault insurance?
To be reimbursed for travel expenses, household care, prescriptions, and lost earnings, you must mail this information to the no-fault insurance carrier. You may be reimbursed for travel expenses, medical expenses, household care, prescription drugs, lost earnings, and possibly more, usually up to $50,000. You may be required to take physical examination to get or continue your benefits. Contact us for specific suggestions and recommendations.
What is a "summons and complaint"
A summons and complaint gives notice of the legal claim. The summons must be filed with the clerk of the court and then served on the defendants. The complaint gives the specifics as to your claim of fault and damages. A complaint may also include a spousal claim for loss of services or consortium, and is a relatively minor portion of the entire claim.