Personal Injury FAQs

  1. How do I know if I have a personal injury case?

    If you have suffered an injury caused by the fault, carelessness or negligence of another person or party, you may have a personal injury claim.

  2. I was hurt on the job, can I sue?

    If you are hurt at work you are entitled to receive workers’ compensation benefits. In New York, you cannot sue your employer or co-employee. However, if your injury was caused by a party other than your employer or a co-worker, you may be able to bring a personal injury lawsuit.  Often and in most construction accidents the injured worker can file a workers’ compensation claim and sue the third party as well.

    Responsible parties for your injuries may include:
    • property owners;
    • the owner of the building or structure;
    • the general or prime contractor;
    • the project or construction manager;
    • other contractors and subcontractors;
    • even equipment manufacturers.

    The benefit to a third-party lawsuit is that an injured construction worker can recover additional money beyond the limited amounts available under the workers’ compensation system. Those additional money damages may include:

    • pain and suffering;
    • lost wages;
    • lost income;
    • loss of annuity;
    • loss of pension;
    • loss of Social Security income;
    • loss of health care benefits;
    • loss in the value of household services;
    • and medical benefits.

  3. What is the statute of limitations for personal injury cases in New York?

    The statute of limitations, or the time limit for filing a claim or lawsuit, varies. For example, in New York State, you have only 30 days to file an application for no-fault benefits. There are different time limits to file claims against towns, counties, municipalities and the state. It’s best to immediately contact an experienced attorney before the statute of limitations expires—and before you are barred from ever bringing any claim or lawsuit. Act now before it’s too late.

  4. What if I can’t afford an attorney?

    Schwartzapfel Partners P.C. is paid on a contingency basis when handling a personal injury, medical malpractice or wrongful death claim. This means that you don’t pay any legal fees unless we recover money for you. Our fees are based upon a percentage of your award or settlement. We typically advance any costs or expenses associated with investigating and prosecuting the claim or lawsuit. Only if we are successful and recover money will we be reimbursed for these costs. In other words, if we are not successful in recovering money, you owe nothing. So if you have a personal injury claim, you can afford our services.

    Personal injury lawyers are paid a percentage of the recovery, regardless of whether it is settled or goes to verdict. In New York State, the law regulates and limits attorneys’ fees to one-third of the net recovery—and even less if it is a medical malpractice action. It is important that you hire the most qualified, experienced and credentialed attorney. The client will be charged the same percentage whether they hire a new attorney, a general practitioner or one of NY’s top premier personal injury attorneys.

    Beware of attorneys who offer to reduce, discount or cut their fee. The best attorneys—those that are most qualified, experienced and credentialed—are in demand and do not do cut their fees. Be careful of an attorney who is willing to charge less. They may not have the financial resources, the time or the money to prosecute your case. Instead, they may settle it for far less than you should get.

  5. Do all personal injury cases go to court?

    We evaluate each case individually and determine the best strategy to secure money for our clients.  In some cases, we can obtain money through an out-of-court settlement, while in others it may be beneficial to proceed to verdict. We base our strategy upon your best interests. Generally, the insurance company knows which law firms have the experience, expertise, financial resources, proven track record and willingness to proceed to verdict if necessary, rather than settle a case for less than its true value. The insurance companies know who the best law firms are and pay more money to settle their clients’ cases.

  6. What does “pain and suffering” include in a personal injury claim?

    Typically pain and suffering is money awarded beyond the costs for lost wages and medical bills. It is intended to compensate the victim or victim’s family for physical pain and mental suffering.

  7. What if I was partially to blame for my personal injury – do I still have a case?

    In New York, as long as someone else bears at least a portion of the responsibility for your injuries, you may be able to file a claim or lawsuit – but your damages will be reduced by the percentage of blame assigned to you.  For instance, if you were hurt in a car accident and it’s determined that the accident was 40% your fault and 60% the fault of the other driver, you can still file a personal injury claim – but any damages awarded to you will be reduced by 40%.

  8. If I am contacted by an insurance company regarding my injuries, should I sign a release?

    If the insurance company for the person who caused your injuries contacts you, never sign a release or statement without first speaking to an attorney.  You can easily give up your right to take legal action without understanding what you are signing.  And while you generally need to notify your own insurance carrier if you are involved in a car accident, you should not provide any recorded or signed statements without consulting a lawyer.

  9. How do I choose the best personal injury lawyer for my case?

    Personal injury lawyers are paid a percentage of the recovery, regardless of whether it is settled or goes to verdict. In New York State, the law regulates and limits attorneys’ fees to one-third of the net recovery—and even less in medical malpractice cases. It is important that you hire the most qualified, experienced and credentialed attorney. The client will be charged the same percentage whether they hire a new attorney, a general practitioner or one of NY’s top premier personal injury attorneys.

    Beware of attorneys who offer to reduce, discount or cut their fee. The best attorneys—those that are most qualified, experienced and credentialed—are in demand and do not do cut their fees. Be careful of an attorney who is willing to charge less. They may not have the financial resources, the time or the money to prosecute your case. Instead, they may settle it for far less than you should get.

    There are reliable, independent and reputable agencies and services that rate lawyers. The most reliable and prestigious are those that base their ratings on anonymous surveys. The names of the attorneys are submitted by other attorneys and judges.

    We are proud to have received the Martindale-Hubbell [http://www.martindale.com/] AV rating, which reflects the highest legal skill and ethical rating an attorney can receive. We are also named to the Bar Register of Preeminent Lawyers.

    We are proud that our partners and counsel have been named to NY Super Lawyers, which lists the top five percent of attorneys, as selected by their peers by state and practice area. No lawyer can apply or submit their name for consideration. Our partners and/or counsel have been recognized and named to the top 100 Trial Lawyers by the American Trial Lawyers Association,  also included in the “Best Lawyers of America” and are members of the Multi-Million Dollar Advocates Forum.

    Be certain that your lawyer has experience handling cases like yours, that the attorneys have proven track records—and the staff and financial resources to not only take on the biggest and most powerful defendants and insurance companies, but win!

    Ask your personal injury lawyer if she or he has any testimonials from other clients who are similarly injured, attesting to how the lawyer changed their life, made a difficult situation easier, and protected them and their families’ financial future. We have bound leather volumes of heartfelt testimonials in our reception area for your review.

    If you have other questions about your personal injury claim, contact the New York lawyers of Schwartzapfel Partners P.C. With more than 150 years of combined experience, our attorneys are well-prepared to handle all your legal needs.  Call us at (800) 966-4999 or fill out our online contact form for a free case evaluation. We will fight for you!

Submit Your Case

If you have suffered a serious injury due to the negligence of another, you need someone on your side to help you obtain the fair and reasonable compensation that you deserve.

Submit your case to us by filling out the form below or call us toll free at 800.966.4999.


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