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Frequently Asked Questions

General Questions

How do I know if I need a personal injury lawyer?

If you are injured in an accident, and it is due to the negligence of a business, government organization, or any insured person, that party will have claim representatives and attorneys to protect its interests. By retaining an experienced personal injury firm such as Jeffrey Freedman Attorneys, PLLC, you will begin the quest to obtain fair compensation for your financial losses, lost wages, and pain and suffering. Call us at 1-800-343-8537.

Automobile, Truck, Motorcycle and Bicycle Accidents

After a car accident, should I notify the police while I’m at the accident scene?

Yes. You’ll want to get a police report as well.

What should I do if anyone appears injured?

Call for an ambulance or other appropriate transportation to a hospital. Tell the investigating police officer about the injuries and cooperate fully with health care providers.

What should I do if I’m injured?

If you sustained any injuries, seek medical attention as soon as possible. Medical documentation can be very important later on even if your injuries seem minor now. Above all, if your injuries persist, keep a diary of your medical condition and treatments. This information may be especially helpful if you decide to contact a personal injury attorney for legal assistance.

Should I move my vehicle?

Unless your vehicle is creating the potential for another accident, do not move it or the accident debris until you are instructed to do so by the investigating police officer.

Is it okay to talk about the accident?

Don’t discuss the accident with anyone other than the investigating police officer, your doctors, your own insurance representatives, and your lawyer.

What information do I need from the other driver(s) and witnesses?

Get the name, address, telephone number, and automobile insurance information from the other driver(s). Also, get the names, addresses, and telephone numbers of any witnesses to the accident.

What other information or documentation do I need?

Make notes of any statements made by the other driver(s) or occupants of the other vehicle about how the accident occurred. You may also want to take photographs of damage to your vehicle and the other vehicle. As time goes on also keep records of any direct expenses you may incur because of the accident, such as rental car charges.

Do I need to notify my insurance company about the accident?

Yes. Promptly report the accident to your insurance company.

What is No Fault?

No Fault Insurance on your vehicle will help you cover medical expenses and lost wages if you are injured in a car accident regardless of who caused the accident.

What determines the amount of my personal injury claim?

There is no standard formula for determining the value of a personal injury claim. Each person has a personal story of hardship. Your attorney at Jeffrey Freedman Attorneys, PLLC will examine the injuries you have incurred, your financial losses, and how this injury will affect your future. We will take all of this into consideration before we recommend a target amount for your settlement.

How long will it take to settle my case?

When you have been injured you and your family members face many difficult challenges. However, insurance companies know claimants want to settle as early as possible and use that knowledge to negotiate low settlements. At Jeffrey Freedman Attorneys, PLLC we recommend our clients do not rush to settle, and even though we obtain many satisfactory settlements out of court, we are always prepared to take your case to trial to get the compensation you deserve.

In general, what should I expect during a car accident lawsuit?

After we determine you have a case and gather all the necessary information, we will file your case with the court and we will try to settle your claim. The person you’re pursuing a case against will be notified and they have the opportunity to make a counterclaim.  At this point, the defendant could file a motion to change a number of things about the case like which court it’s going before, or even a motion to dismiss.  If your case makes it beyond any motions, a trial date will be set.

Construction and Work Accidents

What happens if I’m injured at work?

In most cases, Workers’ Compensation will cover your medical bills and some of your lost wages. As a general rule, you can’t bring a lawsuit against your employer for the accident. However, there may be reasons to initiate a lawsuit against a third party. For example, we often represent workers on construction excavation sites in suits against property owners and non-employer general contractors. Also, if you were working on property owned by another company, and hazardous conditions existed on that property, the property owner could be liable. If you were injured by a machine at work, you could bring action against the machine’s manufacturer for defective design. In any work-related injury, it’s best to consult with your attorney who will review the details of the accident. Again, a diary of the event and medical documentation could be important.

Are all employees covered by Worker’s Compensation?

No.  Your employer has to have Worker’s Compensation insurance in order for you to be covered. In New York State, most employers are required to have Worker’s Compensation insurance.  If you work in New York State and your employer doesn’t have sufficient coverage, may allow you to bring an action against your employer.

If I am unable to work, is my employer required to hold my job?

Unfortunately, in most cases the answer is “no.”   New York is an “employment at will” state which means an employer can terminate an employee at discretion and an employee can leave employment if they so choose.

Slip and Fall Accidents

I fell on an icy sidewalk in front of a business, can I file a lawsuit against them?

Potentially.  By law, business owners need to clear the snow and make their walk ways safe after a snowfall or after specific times each day.  If you can prove that the owner or occupant didn’t adhere to the standards, you may be able to file a personal injury case against them.

Should I report a slip and fall accident?

Yes.  Just like a car accident or any other accident, documenting the incident can help you if you pursue a case and it goes to court.  If you slip and fall at a business, report the incident to a manager and get documentation of the conversation in writing.  If you are at work, do the same.  If you are in a public place, you may want to consider contacting the police for a non-emergency report.

Are there deadlines for submitting a slip and fall claim?

Yes.  In New York State there is a statute of limitations that you must be within in order to pursue legal action.

Should I go to the doctor after a slip and fall accident?

If you’ve sustained injuries from a slip and fall, you should see a doctor and get documentation of the visit.  If you do decide to pursue a case, you’ll need this documentation.

What else is helpful in a slip and fall case?

If anyone witnessed your fall, get their contact information. If possible, take pictures of what caused your fall.

Product Injuries

What steps do I take if I’m injured by a product?

First, keep as much evidence from the product as possible to establish the case. For example, if an aerosol can explodes or if a wheel falls off a bike, save as many pieces as possible. Try not to disturb the site of the accident. Take photographs of the accident, especially if you need to clean up the site.

Note the manufacturer’s name on the product, the serial number, model number, and other pertinent information. Retain the product package, the instructions, and store receipts. Take time to record exactly how you remember the accident happening, including the time and day of the event. And always keep a complete diary of medical treatments, including the name of the hospital and the doctors that administer treatment to you.

Does it matter when I contact a personal injury lawyer?

There is a statute of limitations on injury accidents that may expire if you wait too long to file a suit. Also, over time witnesses sometimes become less willing to testify on your behalf, or evidence is lost. The earlier you contact Jeffrey Freedman Attorneys, PLLC, the more certain you are of receiving just compensation.

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