Personal Injury & Construction Accidents: FAQ

PERSONAL INJURY
& CONSTRUCTION ACCIDENTS
 | FAQ


What should I do if I’m involved in a car accident?
Do I have to be a U.S. Citizen or have a green card to file a personal injury claim?
Are there time limits to start my case?
If I have a lawsuit, does that mean that my case will go to trial?
I was hurt at work. Do I need to sue my employer to be compensated for my injuries?
Is there anything that I can provide to my attorneys to help with my case?
How long will my case take?
What is my case worth?

 

What should I do if I’m involved in a car accident?

Regardless of who caused the accident, the first thing you want to do is call the police. If you were the victim in, the police will collect the evidence needed to file an insurance claim or bring a suit against the other party. If you were the one who caused the accident, then the police’s documentation will limit your liability to the damage that you actually caused, so that the other party can’t try to hold you responsible for damages unrelated to the accident.

Next, you should seek medical attention. In the direct aftermath of an accident, your adrenaline will be pumping and you may not feel all of the effects from an injury you just sustained, or what seems like a minor injury could end up being more serious than you think. Seeing a medical professional directly after an accident can also connect your injuries directly to the accident. If you wait too long to seek medical attention, then it could be difficult to prove that your injuries originated from the accident, and weren’t from a pre-existing condition.

Finally, you should contact a lawyer. Lawyers can file your insurance claim and negotiate with any other parties to get you the best possible outcome. Without a lawyer, you run the risk of being taken advantage of.


Do I have to be a U.S. Citizen or have a green card to file a personal injury claim?

No. The law is clear that if you are injured by a negligent party on U.S. soil, regardless of your immigration status, you are entitled to compensation for your injuries. There is also no risk of being deported, fined, or otherwise punished for your immigration status from bringing a personal injury case to court.


Are there time limits to start my case?

Yes. Lawsuits in personal injury cases are governed by statutes of limitations and vary between different types of cases. If you do not file your lawsuit before the deadline, then your case will not be accepted by the court. It is important not to delay when dealing with a personal injury case. It’s beneficial to contact a lawyer as soon as you know that you want to take any form of legal action.


If I have a lawsuit, does that mean that my case will go to trial?

Although the majority of cases settle out of court, at Spar & Bernstein, we prepare every case as if will go to trial. That way, if an insurance company doesn’t want to negotiate in good faith, and the case needs to go to trial, we’re already fully prepared to fight in court for the best possible outcome for you.


I was hurt at work. Do I need to sue my employer to be compensated for my injuries?

In the state of New York, workers who are injured on the job are entitled to workers’ compensation through their employer’s insurance company. In exchange for this benefit, New York state law prevents you from suing your employer. That said, there can be others whose negligence led to your accident from whom we may seek compensation on your behalf.


Is there anything that I can provide to my attorneys to help with my case?

It is important that you contact us as soon as you are injured. At the scene of the accident, you should use your cell phone to take pictures. If it’s a car accident, take pictures of the position of the cars, any skid marks from the cars involved, the damage to both vehicles, and a picture that demonstrates what the weather conditions were at the time of the accident. If it is a workplace injury, take pictures of any faulty equipment that led to the accident or anything that contributes to unsafe working conditions, such as wet floors or dim lighting. In a slip and fall case, a photo of the hazard that you slipped on or tripped over can be beneficial to your claim. Always remember the old adage, a picture is worth a thousand words.


How long will my case take?

Every case is different. It could take anywhere from months to years. There are many factors when determining how long a case will take to resolve. One such factor is whether or not you’re still undergoing medical treatment. It is best to wait until you are finished receiving the bulk of your medical treatment for your injury before resolving a case. Only after your treatment is complete will we know the extent of your pain and suffering. Another factor is whether or not the defendant is accepting responsibility for your injuries. If not, it will likely result in your case going to trial. We work tirelessly to ensure that your case is dealt with in the timeliest manner possible, but sometimes unforeseen obstacles can cause a case to be open for much longer than initially anticipated.


What is my case worth?

This is another answer that is specific to each case. The answer depends on a variety of factors, such as where the accident occurred, what kind of injuries you sustained from the accident, and the involvement of the insurance company. For a better idea of what your case might be worth, please contact us. We won’t settle any case without the client’s consent, and we keep our clients informed of every development as their case progresses.