FREQUENTLY ASKED QUESTIONS

New York Injury Lawyers

We handle only injury and wrongful death claims—so all our skill, experience, and resources are focused on one thing: getting you the money and benefits you deserve.

How is Schwartzapfel Holbrook different from other personal injury firms?

We are exclusively a personal injury and workers' compensation firm. That focus means all of our resources, experience, and preparation go toward one thing: getting injured people the money and benefits they deserve. We are selective about the cases we accept. When we take a case, we prepare it with the expectation that it may need to be proven at trial. Insurance companies evaluate cases differently when they know the firm on the other side is prepared to try them.

Do I have to pay anything upfront to hire Schwartzapfel Holbrook?

No. We handle personal injury cases on a contingency fee basis. That means we are paid a percentage of the recovery, and only if we recover money for you. If there is no recovery, there is no fee. Consultations are free, and there is no obligation to proceed after the consultation. In workers' compensation cases, attorney fees are regulated by the Workers' Compensation Board and are paid from the award, not out of pocket.

What areas of New York does the firm serve?

We serve all five boroughs of New York City and Long Island, including Nassau County and Suffolk County. Our office is in Garden City, and we handle cases throughout the New York metropolitan area. Many of the accidents we handle occur on Long Island roadways, at New York City construction sites, and in workplaces across the region.

What types of cases does Schwartzapfel Holbrook handle?

We handle personal injury and wrongful death cases, including car accidents, truck accidents, motorcycle accidents, construction site accidents, workplace injuries, slip and fall accidents, and workers' compensation claims. We also handle cases involving pedestrian and bicycle accidents, bus and public transit accidents, and commercial vehicle accidents. If your injury was caused by someone else's negligence in New York, we can evaluate whether you have a case.

What should I bring to a consultation?

Bring whatever you have. The police report or accident report if you have it. Photographs of the scene, the vehicles, or your injuries. Medical records and bills if you have them. Insurance information for all parties involved. Employment records if you missed work. If you do not have all of these, that is fine. We can obtain most of this during our investigation. The most important thing is to tell us what happened, honestly and completely.

What if another firm already turned down my case?

If another firm turned you down, it does not necessarily mean you do not have a case. We would be happy to give you a second opinion. Different firms can have different opinions regarding the same set of facts. We evaluate cases with decades of acquired knowledge and experience.

I was in a car accident in New York. What should I do first?

The first thing you should do is make sure you and anyone else involved are safe, then call 911. Get the police report started. Photograph the scene, all vehicles, license plates, and any visible injuries. Exchange insurance information with the other driver. Get the names and phone numbers of any witnesses. Do not discuss fault with anyone at the scene. Seek medical attention the same day, even if you feel fine — adrenaline masks pain, and injuries like disc herniations and concussions often do not produce symptoms for hours or days.

What is the 30-day no-fault deadline?

In New York, you must submit the NF-2 application for no-fault PIP benefits to your own insurance company within 30 days of the accident. This is the most commonly missed deadline in New York auto accident law. PIP covers up to $50,000 in medical expenses and lost wages regardless of who was at fault. Missing the 30-day deadline gives the carrier a basis to deny your benefits entirely. The 30-day period runs from the date of the accident — not from the date you feel well enough to deal with paperwork.

What is the serious injury threshold?

New York's no-fault system restricts your ability to sue for pain and suffering unless your injury meets the serious injury threshold under Insurance Law Section 5102(d). The threshold requires proof of one of five categories: significant limitation of use of a body function or system, permanent consequential limitation of use of a body organ or member, significant disfigurement, a fracture, or a medically determined injury that prevented you from performing substantially all of your daily activities for at least 90 of the first 180 days after the accident. Meeting this threshold requires medical documentation with objective clinical findings — not just reports of pain.

What if the other driver has no insurance or only minimum coverage?

Your own uninsured motorist (UM) and supplemental underinsured motorist (SUM) coverages are designed for exactly this situation. UM coverage applies when the at-fault driver has no insurance or in hit-and-run cases. SUM coverage applies when the at-fault driver's policy limits are inadequate to compensate for your injuries. These coverages are paid by your own insurance company and are among the most cost-effective protections available. If you do not know your SUM limits, review your policy or call your agent.

How long does a car accident case take to resolve?

Every case is different and the lifecycle can range from a few months to several years. Serious car accident cases in New York can take one to three years from the date of the accident to settlement or verdict. The timeline depends on the severity of the injury, how long medical treatment takes, whether litigation is necessary, and most importantly the court calendar. Cases involving surgery typically take longer because the medical picture takes longer to stabilize. Settling before you reach maximum medical improvement means accepting an amount based on incomplete information.

Should I accept the insurance company's settlement offer?

Do not accept any settlement offer without first consulting an attorney. Early offers are designed to close the file cheaply, before the full extent of your injuries and damages is known. Once you sign a release, you cannot go back for more — even if your condition worsens or you need surgery. The carrier benefits from speed. You benefit from preparation.

What is workers' compensation, and how does it work in New York?

Workers' compensation is a no-fault system that provides benefits to employees injured on the job, regardless of who caused the accident. If you are hurt at work in New York, you are entitled to medical benefits covering all reasonable and necessary treatment, cash benefits replacing a portion of your lost wages, and, if applicable, awards for permanent disability. You do not need to prove your employer was negligent. The trade-off is that in most cases, you cannot sue your employer directly for the work injury — but you may be able to sue a third party.

What should I do if I am injured at work?

Report the injury to your employer immediately. Under New York law, you must provide written notice to your employer within 30 days of the accident. File a C-3 form with the Workers' Compensation Board to formally open your claim. Seek medical treatment from a Board-authorized physician. Document everything: take photographs of the accident scene if possible, note the names of witnesses, and keep records of all medical visits and communications with your employer. Do not assume a minor injury will resolve on its own — injuries that seem minor initially can worsen significantly.

Can my employer fire me for filing a workers' compensation claim?

New York Workers' Compensation Law Section 120 prohibits employers from retaliating against employees for filing or attempting to file a workers' compensation claim. If your employer terminates you, demotes you, reduces your hours, or takes other adverse action because you filed a claim, you may have a retaliation claim in addition to your workers' compensation case.

What is a Schedule Loss of Use (SLU) award?

A Schedule Loss of Use award compensates you for the permanent loss of function in specific body parts — arms, legs, hands, feet, fingers, toes, eyes, and hearing. The award is calculated based on the percentage of loss of use as determined by medical evaluation, multiplied by the number of weeks assigned to that body part under the statute. For example, a leg is assigned 288 weeks. A 25% loss of use of a leg produces an award of 72 weeks of benefits. SLU awards can be paid as a lump sum or in weekly installments.

What is a Section 32 agreement?

A Section 32 agreement is a voluntary settlement that closes your workers' compensation case in exchange for a lump-sum payment. Unlike ongoing weekly benefits, a Section 32 closes the case permanently — including the right to future medical treatment in most cases. Whether to accept a Section 32 depends on many factors, including the severity of your injury, the projected cost of future medical care, and whether you have other sources of insurance coverage. Legal representation is essential before signing a Section 32 because the decision is irreversible.

What if my workers' compensation claim is denied?

A denial is not the end of the process. Workers' compensation claims are denied for many reasons — disputed medical causation, late notice, employer contestation, or insufficient documentation. You have the right to request a hearing before a Workers' Compensation Law Judge to challenge the denial. The Judge will review the medical evidence, hear testimony, and make a determination. Many initially denied claims are ultimately approved after a hearing.

Can I sue someone other than my employer for my work injury?

Yes. While the exclusive remedy rule generally prevents you from suing your employer for a work injury, it does not prevent you from suing negligent third parties. On a construction site, that may include the general contractor, the property owner, a subcontractor, or an equipment manufacturer. Under New York Labor Law Sections 240, 241(6), and 200, injured construction workers have specific statutory protections that create liability against owners and general contractors for unsafe conditions. A third-party case can recover damages that workers' compensation does not cover, including pain and suffering and full lost wages.

What legal protections do construction workers have in New York?

New York provides construction workers with some of the strongest legal protections in the country through Labor Law Sections 240, 241(6), and 200. Section 240, known as the Scaffold Law, imposes strict liability on owners and general contractors for gravity-related injuries — falls from heights and injuries caused by falling objects. Section 241(6) requires compliance with specific Industrial Code safety rules and creates liability when those rules are violated. Section 200 imposes general negligence liability for unsafe conditions. These statutes exist because when safety rules are followed, construction injuries do not happen.

What should I do after a construction site accident?

Report the accident to your supervisor and your employer immediately. Seek medical attention the same day. Document the scene with photographs if possible — the condition of scaffolding, ladders, safety equipment, floor openings, debris, and anything else relevant to how the accident happened. Note the names of witnesses. File a workers' compensation claim within 30 days. Contact an attorney as quickly as possible because evidence at construction sites changes rapidly — conditions are repaired, equipment is moved, and witnesses leave the job.

Can I get workers' compensation and also sue for my construction injury?

Yes. Workers' compensation and a third-party personal injury lawsuit are separate legal proceedings. Workers' compensation provides immediate benefits for medical care and lost wages. A third-party lawsuit against negligent parties — property owners, general contractors, subcontractors — recovers damages that workers' compensation does not cover, including pain and suffering and full lost wages without the statutory cap. The workers' compensation carrier has a lien against any third-party recovery under Section 29, which means the carrier is reimbursed for benefits paid from the proceeds of the lawsuit. Coordinating both claims requires legal representation to ensure the best net result.

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

You may have a personal injury case if you were injured due to someone else's negligence or wrongdoing. The key question is whether someone owed you a duty of care, breached that duty, and caused your injuries as a result. In New York, the injury must be real and documented — subjective complaints alone are not sufficient to establish a claim. The best way to determine whether you have a case is to have your situation reviewed by an experienced attorney who can evaluate the liability evidence, the medical evidence, and the available insurance coverage.

What is the statute of limitations for a personal injury case in New York?

The general statute of limitations for personal injury in New York is three years from the date of the accident. For wrongful death, it is two years from the date of death. For claims against government entities, a notice of claim must be filed within 90 days of the accident, and the lawsuit must be commenced within one year and 90 days. Missing any of these deadlines permanently eliminates your right to sue, regardless of how strong your case is. Do not assume you have time.

What damages can I recover in a personal injury case?

Compensable damages in a New York personal injury case include past and future medical expenses, past and future lost wages, loss of earning capacity, pain and suffering, loss of enjoyment of life, and in some cases loss of consortium for a spouse. In wrongful death cases, damages include pecuniary losses to the surviving family members, funeral expenses, and the decedent's conscious pain and suffering. Each category of damages must be supported by evidence — medical records, employment records, expert testimony, and the testimony of the injured person and their family.

What is comparative negligence, and how does it affect my case?

New York follows a pure comparative negligence standard under CPLR 1411. That means your recovery is reduced by your percentage of fault, but it is never eliminated entirely — no matter how large your share of fault is. If you are 20% at fault and your damages are $500,000, your recovery is $400,000. If you are 70% at fault, your recovery is $150,000. Many states bar recovery entirely if the plaintiff is more than 50% at fault. New York does not.

What is an Independent Medical Examination (IME)?

An IME is a medical examination scheduled by the insurance carrier or the defense attorney. Despite the name, the physician who conducts the examination is retained by the defense and is not independent. The IME physician examines you, reviews your medical records, and issues a report that typically concludes your injuries are less serious than your treating physician has documented, or that your injuries are caused by pre-existing conditions rather than the accident. The IME report is used to oppose your claim at the threshold motion or to reduce the settlement value. Understanding what to expect at the IME — and being prepared to give full effort on every test while reporting symptoms accurately — is an important part of your case preparation.

Should I give the other driver's insurance company a recorded statement?

You are generally required to notify your own insurance company and cooperate with your own carrier. But you are not required to give the other driver's insurance company a recorded statement. Adjusters are trained to ask questions that elicit statements they can use to reduce or deny your claim. Phrases like "I'm okay" or "I didn't see them" become evidence. Keep it simple: confirm basic contact information, note that you are receiving medical care, and do not provide additional details until you have consulted with an attorney.

What types of insurance coverage apply after a car accident in New York?

Multiple coverages may apply. No-fault PIP from your own policy covers up to $50,000 in medical expenses and lost wages regardless of fault. The at-fault driver's bodily injury liability coverage responds to the personal injury claim. Your own SUM coverage responds when the at-fault driver's limits are inadequate. UM coverage responds when the at-fault driver has no insurance or in hit-and-run cases. Commercial policies respond when the at-fault driver was working. Each policy has its own limits, and identifying every applicable policy is one of the most important steps in the case.

What is the difference between UM and SUM coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all, when the at-fault driver's policy has been cancelled or denied by their carrier, or in hit-and-run cases where the at-fault driver cannot be identified. Supplemental underinsured motorist (SUM) coverage applies when the at-fault driver has insurance but the policy limits are not enough to cover your damages. Both are coverages on your own policy that you pay premiums for. They are your protection against the inadequacy of other drivers' coverage.