Frequently Asked Questions
You are welcomed to my Frequently Asked Questions page of my website. Please see the list below of the questions that I am asked often as a personal injury lawyer with the answers following:
What should I do if I am injured as a result of someone’s negligence?
Seek the advice of an attorney as soon as possible concerning the accident you or someone you know has been involved in before you make decisions or take actions that may affect your right to recovery. Try to make a list of as much information as you can about the accident and the place, time and events that occurred as this will be helpful.
If you take my case how do you get paid?
There is no charge to meet with me to see if there is a case. If I take your case I only receive a fee if I am successful in obtaining a recovery for you whether by settlement or verdict. The legal fee is set by the Office of Court Administration of the State of New York and is a percentage of the amount recovered, one third except in malpractice cases where there is a lesser sliding percentage depending upon the recovery. My fee is totally contingent on my obtaining a recovery for you.
What about the costs or expenses of the case?
The costs of bringing the case such as court costs, medical experts and other costs are considered expenses of bringing the case. You do not pay these expenses until the case is over when a recovery is obtained on your case.
Contact by an Insurance Company-what do I do when they call or come to my door?
Never discuss the case with any representative of the insurance company of the party that caused the accident, either by phone or in person until you have met with and hired a lawyer. Never give any statements to insurance company representatives before you hire a lawyer. If you do this you may affect your right to recover damages later on. Once you hire a lawyer, the insurance company and its investigators are not allowed to contact you and must only contact your lawyer.
How do I know what my case is worth?
The value of your case depends upon many factors, some of which may not be known until a considerable period of time has passed after the accident. There are 2 areas which need to be resolved in order to have a reasonable idea of the value of your case. The first one is “Liability.” This is the question of whom, if anyone was responsible for your accident. In New York State the jury looks at the acts of all of the parties involved in your accident and then determines who was at fault. If the jury finds that the fault only rests with the party you are suing you can recover 100% of the ultimate value of your case. However, the jury also has the right to look at your conduct to see if you contributed to the happening of the accident. If a jury finds that you also contributed to the accident, they can also find you responsible for a percentage of the fault and give that a number such as 10%. The law then says that if the party you sued was 90% responsible and you were 10% responsible, you can still recover 90% of the value of your case. This is called comparative fault. When you first hire an attorney, he or she has no basis for knowing the value of your case at that time. Anyone who tells you anything else is not being truthful with you.
The second area in determining the value of your case is your damages. Once my investigation is completed and all of the medical reports and records have been obtained; you have completed your treatment or reached maximum medical improvement; and, your economic losses have been determined, I will be in a position to sit down with you and discuss the range of values of your case. Remember, this is a partnership between you, your family and me. It is my goal to maximize your recovery given the above factors. It is your decision whether to accept my recommendations as to the value of your case as it is you or your family member who has been injured and suffered as a result of the accident. It is important to realize that the more you receive as your share of any recovery, the more I will receive. I am working for you to obtain a maximum recovery given the facts of your case.
What if I am injured on a construction site?
If you are injured while working in the construction field you may have additional rights over and above the workers’ compensation benefits you are entitled to. Owners and general contractors have the duty to see that workers on job sites are provided with a safe workplace and proper safety devices. Even though you think your employer may have been the negligent party you may still have the right to bring what is called a “third party lawsuit.” I am always available to discuss the facts of your case to see if you come under the safe workplace rules that will allow you to bring a law suit in addition to the compensation claim you have.
If I receive workers’ compensation benefits and then have a successful third party suit do I have to pay back the benefits I received from Compensation?
Yes! But, you will not pay back the full amount, only a percentage of what you received. I can explain to you what the right of the insurance company will be to recover any of the benefits they have paid as a result of the accident and protect all of your rights in this area.
What do I do if I was injured in a vehicle accident?
In New York State if you are injured in a vehicle accident or struck by a vehicle as a pedestrian you are covered by No Fault Insurance Benefits. It is the insurance policy for the vehicle that you were in or struck by that has to pay your medical bills and a portion of your lost earnings. The law has changed and an application for No fault Benefits is required to be filed with the Insurance Company within 30 days after the accident with some limited exceptions. If you are involved in a motorcycle accident, No Fault does not apply. It is important to seek legal advice as soon as possible after a vehicle accident.
In New York State if you are in a motor vehicle accident, your right to sue depends upon whether you have sustained a serious injury. There are nine definitions that make up “serious injury.” It is important to see a lawyer to determine if you qualify to sue the other driver regardless of how negligent he or she was.
Under new No fault regulations, the injured operator and/or passengers involved in a motor vehicle accident must file the No-Fault Application for Benefits (PIP) Personal Injury forms within 30 days of the accident to avoid a possible denial of medical and wage loss coverage under your their policies.
How long will my case take until it is over?
After I meet with you and determine that you have a case I start my investigation of the facts. The investigation can take up to 6 months to complete since it involves talking to witnesses, obtaining accident reports, hiring experts and getting all of your treatment records. Once the law suit is filed the courts set a schedule for the processing of the case and a date by when it is to be finished. The, depending on which county the case is filed in it can take 10 to 20 months to be reached for trial. Rest assured that Klebanoff Attorneys will do everything possible without sacrificing quality to see that your case moves to a conclusion. Most cases can take between 2-4 years to come to a conclusion whether by trial or settlement.
How long do I have to start my law suit?
New York State has certain time periods within which you have to start your law suit. In many cases it is three years from the date of the accident. However, if the claim is against a City, County, Town or other municipal defendant, then a claim must be filed within 90 days of the accident in order to start a law suit. In addition there are many other shorter time periods for certain parties in New York State such as the MTA, NYC Transit and the State of New York. You should seek legal advice as quickly as possible after an accident so that you do not lose your right to sue. Klebanoff Attorneys can help guide you through this minefield of the different time periods.
You are welcomed to my Frequently Asked Questions page of my website. Please see the list below of the questions that I am asked often as a personal injury lawyer with the answers following:
What should I do if I am injured as a result of someone’s negligence?
Seek the advice of an attorney as soon as possible concerning the accident you or someone you know has been involved in before you make decisions or take actions that may affect your right to recovery. Try to make a list of as much information as you can about the accident and the place, time and events that occurred as this will be helpful.
If you take my case how do you get paid?
There is no charge to meet with me to see if there is a case. If I take your case I only receive a fee if I am successful in obtaining a recovery for you whether by settlement or verdict. The legal fee is set by the Office of Court Administration of the State of New York and is a percentage of the amount recovered, one third except in malpractice cases where there is a lesser sliding percentage depending upon the recovery. My fee is totally contingent on my obtaining a recovery for you.
What about the costs or expenses of the case?
The costs of bringing the case such as court costs, medical experts and other costs are considered expenses of bringing the case. You do not pay these expenses until the case is over when a recovery is obtained on your case.
Contact by an Insurance Company-what do I do when they call or come to my door?
Never discuss the case with any representative of the insurance company of the party that caused the accident, either by phone or in person until you have met with and hired a lawyer. Never give any statements to insurance company representatives before you hire a lawyer. If you do this you may affect your right to recover damages later on. Once you hire a lawyer, the insurance company and its investigators are not allowed to contact you and must only contact your lawyer.