New York Personal Injury
FANNING & HUGHES : New York Personal Injury Law Firm
The New York personal injury lawyers of Fanning and Hughes can help you receive compensation for your loss from automobile accidents, medical malpractice, negligence, dangerous drugs, and work injuries. An experienced New York personal injury attorney from Fanning and Hughes will aggressively fight for you, to ensure that you are justly compensated for the pain, suffering and loss associated with your injury.
Personal Injury Questions and Answers
I was injured in a hit and run car accident. Am I entitled to compensation for my pain and suffering?
Yes. Coverage may be obtained through the applicable insurance policies if they contain an “Uninsured Motorist Endorsement”. If not, the Motor Vehicle Accident Indemnification Corporation exists to pay certain claims of innocent victims of New York motor vehicle accidents caused by uninsured motorists, when the victim is not an insured under family protection coverage. Strict deadlines apply to the filing of the required legal papers to make the claim.
I was seriously injured in an automobile accident caused by a driver who was uninsured. Am I entitled to compensation for my pain and suffering?
Yes. Coverage may be obtained through the applicable insurance policies if they contain an “Uninsured Motorist Endorsement”. If not, the Motor Vehicle Accident Indemnification Corporation exists to pay certain claims of innocent victims of New York motor vehicle accidents caused by uninsured motorists, when the victim is not an insured under family protection coverage. Strict deadlines apply to the filing of the required legal papers to make the claim.
I was seriously injured in a car accident, but the other driver's insurance coverage is insufficient to adequately compensate me. What can I do in order to recover more than the insurance coverage for the driver at fault?
Other insurance policies might provide additional coverage for your injures. Also, if you or any member of your household owned or leased a vehicle on the date of the accident, the insurance policy covering such vehicle(s) might provide underinsured motorist coverage, also known as supplementary uninsured motorist coverage. You could also seek to collect from the defendant's personal assets, the portion of a judgment in excess of the responsible driver's and owner's insurance coverage.
I was seriously injured in a car accident that was partially my fault. Can I still recover money damages for my injuries?
Yes. In New York State, a person may recover damages, even if the injured party was partially at fault. However, the recovery will be reduced by the percentage of fault attributed to the injured party.
I was injured at work. Can I recover money damages for my injuries?
In New York State, most employees are covered by Workers’ Compensation Insurance. This provides payments for medical and hospital expenses (subject to a fee schedule and authorization by the insurance company or the Workers’ Compensation Board), and partial reimbursement for lost wages for injuries sustained in the course of employment. Also, workers’ compensation benefits may include a lump sum payment for permanent injuries.
Generally, if the accident was caused solely by the employer or co-worker, the workers’ compensation benefits are the exclusive remedy and the employee will usually not be allowed to sue the employer.
Nevertheless, if a person, business, etc. other than the injured person’s employer or co-worker was partially or entirely at fault in causing the accident, the injured person may sue those responsible parties for his or her injuries.
My doctor told me that he/she will not testify in court, and will not involve himself/herself in my lawsuit. Can I still win my case?
Yes. If necessary, another physician can usually testify as an expert witness on your behalf. Your case will also be partially based on medical and hospital records documenting your injuries. Duplicate copies of these records, including x-rays, M.R.I. films, C.T. scan films, and other diagnostic tests can be obtained to document your injuries.
I am receiving disability insurance payments, Workers' Compensation benefits, Welfare or public assistance benefits. Can I bring a lawsuit for my injuries?
Yes, but the agency or insurance company providing the benefits may have a lien against your case for the amount of the payments they have made to you or on your behalf.
I am not happy with the attorney who is handling my case. Can I simply fire my attorney and retain another attorney? Do I still have to pay the attorney who I want to replace?
Yes. If a client is not satisfied with how his or her legal matter is being handled, he or she has the right to withdraw from the attorney-client relationship at any time (although court approval may be required in some matters). (Part 1210 of Title 22 of the Official Compilation of Codes, Rules and Regulations of the State of New York) Your attorney may have a claim, however, against you for the value of services rendered up to the time you dismiss your lawyer.
If your legal matter is a personal injury case handled on a contingency fee basis, your attorney may be entitled to a fee for services rendered; however, you are not required to pay this legal fee to the outgoing attorney when he or she is discharged. Instead, at the conclusion of your case, both the outgoing and incoming attorneys will share the contingent legal fee. Either the outgoing and incoming attorney will come to an agreement as to how the total fee will be shared, or the judge will make that determination. The total legal fee is not increased as a result of replacing your attorney.
Can I afford an attorney? What is a contingency fee?
Answer: Yes, you probably can. Accident cases usually accepted on a standard one-third “contingency fee”. This means that there is no fee charged to you unless there is a recovery. Fees and expenses are paid at the conclusion of your case.
FANNING & HUGHES, PLLC
108-18 Queens Blvd -
4th Floor
Forest Hills, NY 11375
718.261.3290 p
718.228.2422 f
contact@FHLawOffice.com
