Friday, December 4, 2009

New York Personal Injury & No-Fault FAQ

Any personal injury claim is different and there are no guarantees. Below are rough answers to some questions we hear often lead to injuries. Below is a special FAQ on the No-Fault in New York.

Personal Injury FAQ

Q: How much do lawyers charge?

A: For most claims for personal injury, there is no fee if you collect. Most lawyers in New York for free third contingency fee. If the application is decided, the lawyer shall be reimbursed for the cost outof the award. Next, the lawyer takes one third of the fee. For example, when a claim for $ 35,000 down, and the lawyer $ 2000 in expenses, the fee will be $ 11,000 (1 / 3 of $ 33,000). The customer would be $ 22,000.

Q: Is the lawyer always pay the cost in advance?

A: Usually, but not always. There are two important situations in which we do not. First, some personal injury claims are not very strong, but we might still be willing to work on a success fee. In such aDemands, we will tell our customers, they must pay the costs. The other situation is when there's a good offer and the customer does not want to accept against our advice. In these processes, we require the customer to all future costs to be covered.

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

A: In New York personal injury litigation, filing fees typically total less than $ 500. Copies of the statement usually totaling less than $ 500. The biggest expense is when an actiongoes to court, and we have to pay doctors and other experts to testify. We paid anywhere from $ 300 to $ 7500 for a medical certificate, and some doctors charge up to $ 5000th Other expenses include process server, investigations, medical records and board. In some cases you may need other experts. In a large case, we spent over $ 10K to an accident reconstructionist. On the other hand, spent about $ 40K on them.

Q: What is the process?

A: First, most lawyers negotiate with theInsurance company. Should the negotiations unproductive, the lawyer files a lawsuit. Since a few months, the lawyers exchanging paperwork with the insurance company lawyers. Then come the statements, where she hers, the question of the plaintiff and the plaintiff attorney client matters. Then the insurance of the plaintiff could have investigated, by her doctor in what is known as an IME - independent medical examination. Plaintiff lawyers would rather call this a defense medical examination.Final test version. An action can be regulated at any point along the way, even if the jury is thinking.

According to a study may invoke the losing side. Sometimes even able to challenge the winner. Solve cases sometimes during the appeal process.

No-Fault FAQ

If you are in a car accident in New York State, no-fault insurance may, with many of your costs to hurt. The following frequently asked questions (FAQ) will help you understand when and how no-fault will pay what it's worthAnd what you have to do.

Q: Is it possible to No-Fault benefits?

A: You are likely to receive no-fault benefits in New York State if:

1. You are injured in a car accident;

2. They are a pedestrian hit by a car or a motorcycle;

3. You are in the use, operation or maintenance of a motor vehicle hurt when you are injured in the business of repair or maintenance of a vehicle.

*** Motorcyclists and their passengers are notEntitled to No-Fault benefits.

Q: What do I do first?

A: Send your medical expenses and lost wages. Forms for No-Fault and New York State Disability Income benefits are provided by the No-Fault carrier (the insurance company that insured the car, you were beaten or through) at the time of the accident. To begin the process, you must submit the paperwork for this carrier. Failure to comply timely file can result in a denial of benefits. We recommend the submission of this information asquickly as possible, and we can help with the process.

Q: What information must I submit?

A: You are invited to all medical institutions, providers and treat list. The No-Fault carrier will be forms to your doctors. Most are also their bills directly to the carrier. You should also list your employer (s) and any other related costs.

Q: What happens if I need a new doctor for treatment?

A: Give the new doctor's name and address of the No-FaultMakers, so that they submit their invoices for payment by the carrier. Once your application has been filed, the No-Fault carrier assumes responsibility for the medical bills from the accident.
You must also list your employer on the application for No-Fault benefits, so that any lost wages you may incur as a result of the accident can be recovered.

Q: What happens if my child injured in an accident?

A: In New York State, if (a minor is a person under eighteen years of age receives)medical treatment as a result of a car accident, the parent or guardian is legally responsible for medical bills. Thus, the parents or guardians of minors have medical bills, which none of the forward-fault insurance carriers, as their own. Here, too, must the No-Fault application is timely filed, or benefits may be denied.

Q: In addition to medical bills, what other costs can I recover on not making mistakes?

A: In New York State, you may be reimbursed by the No-Fault carrierfor the cost of lost wages, prescriptions, travel expenses for medical care and help around the house while you are away from your injuries - including the cost of child care while you are visiting medical providers. To get reimbursed for this expense, you must submit it to No-Fault. We recommend the submission of expenses at once.

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