| Every personal injury claim is different and there are | | | | (FAQ) will help you to understand when and how |
| no guarantees. Below are rough answers to some | | | | No-Fault pays, what it pays for, and what you have |
| questions we hear frequently about personal injury. | | | | to do. |
| Further below is a specific FAQ on No-Fault in New | | | | Q: Am I eligible for No-Fault benefits? |
| York. | | | | A: You are eligible to receive No-Fault benefits in New |
| Personal Injury FAQ | | | | York State if: |
| Q: How much do lawyers charge? | | | | 1. You are injured in an automobile accident; |
| A: For most personal injury claims, there is no fee | | | | 2. You are a pedestrian struck by a car or |
| unless you collect. Most lawyers in New York charge | | | | motorcycle; |
| a one-third contingency fee. When the claim is | | | | 3. You are hurt during the use, operation or |
| resolved, the lawyer gets reimbursed for expenses | | | | maintenance of a motor vehicle unless you are |
| out of the award. Next the lawyer takes the | | | | injured in the course of the business of repairing or |
| one-third fee. For example, if a claim settles for | | | | maintaining a vehicle. |
| $35,000, and the lawyer has $2000 in expenses, the | | | | *** Motorcycle drivers and their passengers are not |
| fee is $11,000 (1/3 of $33,000). The client would get | | | | eligible for No-Fault benefits. |
| $22,000. | | | | Q: What do I do first? |
| Q: Does the lawyer always pay the expenses up | | | | A: Submit your medical expenses and lost wages. |
| front? | | | | Forms for No-Fault and New York State Disability |
| A: Usually, but not always. There are two major | | | | income benefits are provided by the No-Fault carrier |
| situations where we don't. First, some personal injury | | | | (the insurance company that insured the car you |
| claims are not very strong, but we might still be | | | | were in or struck by at the time of the accident). To |
| willing to work on a contingency fee basis. In such | | | | begin the process, you have to submit paperwork to |
| claims, we will tell the client that they will have to pay | | | | that carrier. Failure to file in a timely manner may |
| the expenses. The other situation is when there is a | | | | result in a denial of benefits. We recommend |
| good offer and the client refuses to accept it against | | | | submitting this information as quickly as possible, and |
| our advice. In these lawsuits we require the client to | | | | we can help with the process. |
| cover all future expenses. | | | | Q: What information will I need to submit? |
| Q: What are typical expenses in a personal injury | | | | A: You will be asked to list all medical providers and |
| lawsuit? | | | | facilities that are treating you. The No-Fault carrier will |
| A: In New York personal injury lawsuits, filing fees | | | | send forms to your doctors. Most will submit their bills |
| usually total less than $500. Deposition transcripts also | | | | directly to the carrier. You should also list your |
| usually total less than $500. The biggest expense is | | | | employer(s), and any other related expenses. |
| when a lawsuit goes to trial and we have to pay | | | | Q: What if I go to a new doctor for treatment? |
| doctors and other experts to testify. We have paid | | | | A: Give the new doctor the name and address of |
| anywhere from $300 to $7500 for a doctor's | | | | the No-Fault carrier so that they too can submit their |
| testimony, and some doctors charge as much as | | | | bills for payment by the carrier. Once your application |
| $5000. Other expenses include process servers, | | | | has been filed, the No-Fault carrier assumes |
| investigations, medical records, and meals. In some | | | | responsibility for the medical bills resulting from the |
| cases you may need other experts. In one big case | | | | accident. |
| we spent about $10K on an accident | | | | You must also list your employer on the application |
| reconstructionist. The other side spent about $40K | | | | for No-Fault benefits so that any lost wages you |
| on theirs. | | | | incur as a result of the accident can be recovered. |
| Q: What is the process? | | | | Q: What if my child is hurt in an accident? |
| A: First most lawyers negotiate with the insurance | | | | A: In New York State, if a minor (someone under the |
| company. If negotiations are unproductive, the | | | | age of eighteen) receives medical treatment as a |
| lawyer files a lawsuit. For a few months the lawyers | | | | result of an automobile accident, the parent or |
| exchange paperwork with the insurance company | | | | guardian is legally responsible for those medical bills. |
| attorneys. Next come depositions, where they | | | | Thus, the parent or guardian must forward the |
| question the plaintiff client and the plaintiff lawyer | | | | minor's medical bills to the No-Fault insurance carrier, |
| questions theirs. Then the insurance company might | | | | just as they would their own. Again, the No-Fault |
| have the plaintiff examined by their doctor in what's | | | | application must be timely filed, or benefits may be |
| known as an IME - Independent Medical Examination. | | | | denied. |
| Plaintiff lawyers prefer to call this a Defense Medical | | | | Q: Besides medical bills, what other costs can I |
| Examination. Last is trial. A lawsuit might settle at any | | | | recover through No-Fault? |
| point along the way, even while the jury is | | | | A: In New York State, you may be reimbursed by |
| deliberating. | | | | the No-Fault carrier for the cost of lost wages, |
| After a trial the losing side can appeal. Sometimes | | | | prescriptions, travel expenses for medical treatment, |
| even the winner can appeal. Cases sometimes settle | | | | and household help while you are recovering from |
| during the appeal process. | | | | your injuries - including costs of child care while you |
| No-Fault FAQ | | | | visit medical providers. To get reimbursed for these |
| When you are hurt in an automobile accident in New | | | | expenses, you must submit them to No-Fault. We |
| York State, No-Fault insurance can help with many of | | | | recommend submitting expenses immediately. |
| your costs. The following frequently asked questions | | | | |