HURTNew York Accident Lawyer at HURT911®     The Center for Injury Assistance ®

HURT IN AN ACCIDENT?

 

 

 

 

 

Accident & Injury Info at HURT911.org

(1-800 - 487- 8911)

(24 hours/365 days)

 

Call for a Free Consultation to find out your rights!

Money necessary to investigate and pursue your claim will be advanced for you!

LEGAL FEE IS PAID ONLY WHEN YOU WIN!

GET THE COMPENSATION YOU NEED!

 

According to the Insurance Industry's own research, by the Insurance Research Council, claimants hurt in an accident who just talked to a lawyer to find out their rights, received an average of almost 40% more money than claimants who did not talk to a lawyer!  People who hired a lawyer received an average of more than 3 1/2 times more money, before deduction of legal fees and expenses, than those who did not hire a lawyer.  When you're HURT in an accident, call 911 to get help FAST.  Then call 1-800-HURT-911® to find out your rights FAST.  Speak directly a lawyer for FREE, with no obligation, just to find out your rights and what you need to do, RIGHT NOW even on Saturdays, Sundays & holidays!

 

After hours and on Saturdays, Sundays & holidays, a lawyer at 1-800-HURT-911® will be immediately notified and will call you back within minutes after you provide some information to a 1-800-HURT-911® operator.  During work hours, you will reach a lawyer directly.   1-800-HURT-911®  provides you with the information you need FAST!

 

When you call 1-800-HURT-911®, you will reach an independent lawyer who practices extensively in the field of Personal Injury and is a member of the NYS Trial Lawyers Association (the statewide Bar Association for Personal Injury Lawyers).  Membership in the NYS Trial Lawyers Association  shows a serious commitment to the practice of Personal Injury law.

 

Some Types of Personal Injury cases are:

 

Questions To Ask Your Lawyer During Your Free Consultation:

About my rights: 

Q : What rights do I have that need to be protected?  

Q : Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering?  

Q : What do I have to do to protect my rights to these claims?  What claim letters need to be sent; what forms need to be filled out; how many insurance companies must be notified?  How many days after my accident, do the various claim letters and claim forms have to be filed with all involved insurance companies, in order to protect my rights?  Can you do this for me?  For more information, see Why you should speak with a lawyer immediately and not wait. below.

About hiring a lawyer:  How can I determine whether I want to hire a specific lawyer?  You may feel nervous when hiring a lawyer, but remember that you are the one doing the hiring.  While lawyers who primarily practice in personal injury charge a contingency fee (a fee that is charged at the end of the case and only if you are successful) you will still want to know that you are satisfied with your choice.  Even though you pay a fee after you win a money award, you are still paying the bill and since many clients receive very substantial awards, the legal fee can be substantial.  That makes you an important client!

Q : How long has the lawyer and the firm been practicing law?

Q : Does the lawyer practice primarily in the field of Personal Injury?

Q : Is the lawyer a member of the New York State Trial Lawyers Association?  The New York State Trial Lawyers Association (NYSTLA), is the largest Bar Association of trial lawyers representing the rights of un-injured consumers and those hurt due to negligence, throughout New York State.   NYSTLA also faxes, to its member lawyers, important information on up to the minute changes in the laws which affect Personal Injury cases;  provides publications with crucial information, case analysis and tips for the practice of Personal Injury, such as the Bill of Particulars and the Trial Lawyers Quarterly;  and provides various other important support services and Continuing Legal Education courses in the field of Personal Injury to its member lawyers.  Lawyers who are members of NYSTLA show a serious commitment to the practice of Personal Injury and the protection of the consumer rights.

Q : Does the lawyer handle cases in the field of Personal Injury of the same type as mine?  If not, can the lawyer refer me to a lawyer who has handled cases like mine?   

Q : If my lawyer wants to recommend me to another lawyer.  Is that ok?  A : Occasionally, a lawyer will suggest that someone else in the same firm or a lawyer in another firm handle your case.  It could be for a number of good reasons such as:  1) Your case may be better handled by a lawyer with more experience in certain types of cases such as lead poisoning, asbestos and similar cases;  2) The value of your injuries may be too little for the lawyer to give your case the full attention it deserves, yet he/she may feel that you still have a good case and that another lawyer will be able to give your case full attention.  Do not hesitate to request a meeting with the new attorney to make sure you are comfortable with him or her.

Q : Does the lawyer have professional liability insurance?  Professional liability insurance protects the lawyer, but it also protects you in case an error is made that damages your case.  Most lawyers who practice primarily in the field of Personal Injury have professional liability insurance. 

Q : How much and when will I be charged?  Since the majority of people who are hurt in an accident can't afford to pay the legal fees required up front if the lawyer were to charge an hourly rate, lawyers who practice primarily in the field of Personal Injury, charge a contingency fee.  A contingency fee is one that is charged at the end of the case and only if you are successful.  This allows anyone who has been hurt in an accident to have access to a lawyer.  In NYS, lawyers are permitted to charge a 1/3 contingency fee or a sliding scale contingency fee (determined at the beginning of the case) and not the greater of the two.  A sliding scale contingency fee will provide a lawyer with a higher fee than a 1/3 fee, if your case settles for less than $25,000.00.

 

 

Why you should speak with a lawyer immediately and not wait.  There are many forms and claim notices which have time deadlines to file, some of which may be only a number of days.  It can be a burdensome task to determine what claims need to be filed, forms need to be filled out, how to fill out the forms correctly and which insurance companies to file claims with and send the forms to.  

Q : What insurance companies can be involved when someone has been hurt in an accident?  These are some of the insurance companies that may be involved:  1) All Primary and Secondary insurance companies for each person and company responsible for your injuries; 2) All Primary and Secondary insurance companies providing Uninsured coverage; 3) All Primary and Secondary insurance companies providing Underinsured coverage; 4) All Primary and Secondary No-Fault insurance companies; 5) Workers Compensation insurance companies; 6) Health insurance companies.

If you are a driver involved in a car accident in NYS, you are required to file an MV-104 (accident report) within 10 days with the DMV if someone is injured or if there is property damage in excess of $1,000.00. This form will usually be sent to you by your insurance company. In order to protect your rights, you should give this form to your attorney to assist you in completing it. 

If you are injured in a car accident in NYS, you usually must file a notice of claim with the No-Fault insurance company within 30 days of the date of accident.  In some accidents, your medical bills may be paid by Worker's Compensation and in some accidents you may not have any coverage.  Where coverage does exist, it can sometimes be confusing to determine which is the correct insurance company to file a claim with and you should therefore speak with a lawyer immediately to determine your rights, since your claim must be filed within 30 days.  If your car accident is covered by NYS No-Fault, NYS No-Fault law requires that the No-Fault insurance company pay your medical bills.  This means that No-Fault insurance is primary and your major medical insurance company is secondary in order of payment.  You can not submit your initial medical bills to your major medical insurance company, since your major medical insurance company will deny payment of your medical bills when they determine that the bills are for injuries resulting from a car accident.  They will be able to determine that from your medical records.  Only after the No-Fault insurance company has denied further treatment, will your major medical insurance company allow payment of your medical bills.  Bills for hospital and medical treatment must be submitted to the No-Fault insurance company within 45 days of treatment. There are other time deadlines to submit other bills you have for household help, transportation to the doctor, etc.

A notice of claim for underinsured benefits and uninsured benefits should be filed in every motor vehicle case within 90 days of the date of accident, since it is not always possible to determine insurance coverage within that time.  If a municipality may be liable for any part of your injuries, (such as improper road design, a missing sign, defective traffic light or municipal owned bus accident) you must file a notice of claim with the municipality within 90 days of the date of accident (to protect your rights, your attorney should do this for you) and the statute of limitations is then one year instead of three years. 

If you were not injured in a motor vehicle accident, and a municipality may be liable for any part of your injuries, (such as a sidewalk, crosswalk, roadway defect which caused you to fall) you must file a notice of claim with the municipality within 90 days of the date of accident (to protect your rights, your attorney should do this for you) and the statute of limitations is then one year instead of three years.

Some other cases such as Wrongful Death, Intentional Infliction of Emotional Distress, Assault and Battery, False Arrest, and most Railroad Accidents have one year statute of limitations and Medical Malpractice has only a 2 1/2 year statute of limitations.

Even though you may have three years to file a law suit in most non-municipal cases, the insurance company for the person(s) responsible for your injuries should be immediately notified by your attorney since failure to do so within days of the accident may allow the insurance company to decline coverage.  Additionally, if the insurance company does not know of your claim and there are more people injured, the insurance company could pay all available benefits to the other injured people leaving you without any money left for the insurance company to pay you.

Since any attorney will need sufficient time to investigate your case prior to starting a law suit and will want to be able to complete depositions prior to the expiration of the statute of limitations, you will need to retain a lawyer well before the expiration of the statute of limitations.

For all of these reasons, it is vitally important for you to call an attorney at 1-800-HURT-911 as soon as possible after your accident so that your rights can be protected.

 

Will your settlement be taxed by the IRS?  That depends on what the settlement payment is made for and what your release says.  Some lawyers who do not have a substantial personal injury practice are not familiar with these tax issues.  When a case is resolved by trial, the tax implications are clear, since the jury will award amounts for each claim separately, however, when a case is settled for a lump sum, the tax implications may be very unclear if not properly addressed by your attorney in the release he prepares for you to sign.  In fact, some lawyers use a release prepared by the insurance company, because it is easier.  An insurance company release will never address what the payment is for and will create tax problems.  When your case is  settled a case, be sure that wording is in the release to document exactly what the payment is for, thus ensuring that tax issues are clear.  Awards for actual physical injury, and expenses incurred as a result of the actual physical injury are not taxable.  Awards for emotional distress are taxable, unless the emotional distress is a result of the physical injury.  Reimbursement for medical expenses, even those related to emotional distress, may be excludable.  Awards for lost wages and punitive damages are also taxable.  Contact an accountant to determine the tax liability of your settlement.  Your accountant will need to see a copy of the complaint served in your case and a copy of the release you signed or a proposed release if your case has not yet been settled.

 

 

RESEARCH

     Medical Research on Injuries, Disabilities, Doctor Background Info

     Legal Research & Info, Attorney Info & Government Info

     Investigation Resources

 

 

ACCIDENT INFO

     Biker Safety & Motorcycles  

     Motor Vehicles, Bicycles, Trains, Aviation, Falling Merchandise,

        Dog Bites, Schools & Chemicals

 

 

GENERAL INFO

     Insurance Coverage Tips & Insurance Company Claims Handling

     Treatment for Back Injuries & Safety Info for Infants, Children & Adults

      Articles for anyone HURT in an accident

      What to do when you're in a Motor Vehicle Accident

 

Click here to read a Statement of Client Rights

Click here to read our disclaimer

 

Lawyers at 1-800-HURT-911 in Your Geographic Area:

NYC including Brooklyn, Bronx, Manhattan, Queens and Staten Island

Joshua D. Pollack 143 Willis Ave, Mineola

 

Upstate NY

Finkelstein & Partners  Finkelstein & Partners is a modern paperless office, scanning all case documents to be stored on their computer.  Using your own user name and password with full security and confidentiality, you will be able to view your entire case file, on their web site, as it progresses!  Now you can know at any hour, what has been done on your case!  Call 1-800-HURT-911 to find out your rights and how you can view your file online.  With 14 offices in NYS, they have an office near you, one of which is 436 Robinson Avenue Newburgh, N.Y.

 

Long Island

Joshua D. Pollack 143 Willis Ave, Mineola

 

email 1-800-HURT-911 email 

 

DISCLAIMER:

HURT-911® and The Center for Injury Assistance ® is an information provider available to the general public on the internet without charge.  Lawyers listed here are independent lawyers who pay to be in a group cooperative television advertising effort through 1-800-HURT-911, Inc.  1-800-HURT-911, Inc. provides this listing as part of the television advertising and is not a lawyer referral service.  1-800-HURT-911, Inc. does not recommend or endorse the services of particular attorneys and callers who call 1-800-HURT-911 will be placed in touch at random, by the telephone company computer, with the independent law firm responding to calls from your geographic area. Lawyers are listed under the geographical areas they serve. Use of the word HURT in 1-800-HURT-911 does not imply any legal specialization of the participating lawyers.

The information contained in this web site is solely for informational purposes, does not create an attorney-client relationship, and does not in any way substitute for professional consultation and advice, generally or in a particular case.  The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyers as specialist or expert in an indicated field of law practice nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.  Member Attorneys and/or lawyers are solely responsible for any and all advice given. Nothing in this website is intended to be legal advice. This is only a directory and no endorsement or warranty is expressed or implied. Contacting an attorney / lawyer via email does not create an attorney-client privilege. No retainer agreement is created by contacting any of the attorneys listed here unless and until a written retainer agreement is entered into which is a form provided by the attorney which must be signed by the client and returned to the attorney.  No obligations are incurred because of sending an e-mail or fax to any attorney listed here.  No attorney is responsible for advising as to deadlines absent a formal written retainer.  As a practical matter, The Center for Injury Assistance ® recommends that prior to selecting a professional of your choice, listed on this site, confirming telephone calls be made to the appropriate licensing authorities to verify listed credentials and education.   The Center for Injury Assistance ® does not undertake any responsibility to verify the accuracy of the information or the credentials or abilities of the referrals and strongly recommends that you conduct your own research in this regard.

The Center for Injury Assistance ® is pleased to provide links from our web site to other sites to assist the reader in locating useful information.   The Center for Injury Assistance ® has no control over the content of the information at these other sites and can therefore not be held responsible for the quality, accuracy of content or results, completeness or type of content, any outcome of relying on any of the information provided by these outside sources, or the continued existence of the links, books and articles which are provided on this site.  The fact that The Center for Injury Assistance ® has included links to providers, internet web sites, books and articles, does not serve as an endorsement.   They are simply provided as a convenience, without charge to the general public, when in the opinion of The Center for Injury Assistance ® may be of interest to those who have been HURT in an accident.  

The Center for Injury Assistance ® has obtained information from sources which it considers reliable, but does not guarantee the accuracy or completeness of any information provided. The information and graphic design found on all pages of this web site may not be duplicated or redistributed in any form without the prior written permission of The Center for Injury Assistance ®.  The Center for Injury Assistance ® MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS OR ANY OTHER INFORMATION FOUND HEREIN, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  In no event shall The Center for Injury Assistance ® have any liability for incidental or consequential damages.

The administrative headquarters of The Center for Injury Assistance ® are in the State of New York and any dispute involving the information contained in the website shall be brought in the State of New York.  In the event of a dispute The Center for Injury Assistance ® or its designee shall have the sole option of deciding whether a dispute will be decided by the court or by arbitration.   If a dispute arises, it is the responsibility of the party with the dispute to contact The Center for Injury Assistance ® in writing by certified mail return receipt requested at the office of its attorney, FRANCKEL & ASSOCIATES 42 Davis Lane, Roslyn, NY 11576 to determine whether to proceed by court or arbitration.  The Center for Injury Assistance ® shall respond within 30 days, in writing by certified mail return receipt requested, of it's choice of forum.

Trademark/Copyright.   HURT-911 ®, HURT911 ®, H911HURT ®, The Injury Assistance Line ® and The Center for Injury Assistance ® are protected service marks owned by Philip L. Franckel, Esq.,  registered with the United States Patent & Trademark Office and have been in continuous use since January 12, 1994.  All material on all pages of this website is copyrighted and reproduction is prohibited.

 

 

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