Frequently Asked Questions
Can I receive a free case evaluation?
A: Yes, give us a call at 1-888-9-ATTORNEY or send an e-mail to law@nelson-law.com
How much time do I have to apply for no-fault benefits?
A: You have 30 days from the date of the accident to file a claim application with the insurance company for which you are seeking compensation. It does not matter whether the insurance company is the one covering the car in which you were a passenger, your own personal auto insurance carrier, or the carrier of the car that struck you.
How does the no-fault system pay my medical bills?
A: Once the insurance provider receives a properly filled out no-fault application, the insurance provider normally will send out information requests from any doctor or other medical provider. Standard practice is that your doctor or medical provider bills the no-fault insurance provider directly. The deadline for billing the insurance provider is 45 days.
How will no-fault insurance reimburse me for my other out of pocket expenses?
A: No-fault insurance payments can pay for your prescriptions, lost earnings, travel expenses, medical expenses, and possibly some others. In order to receive compensation, you need to mail proof of payment of these expenses to the no-fault insurance provider. The insurance provider may require that you submit to a physical examination before they pay your benefits. The maximum payout is $50,000. Contact The Law Offices of Jonathan B. Nelson PC for advice on how to receive your entire due benefits.
What are the requirements to obtain compensation for pain and suffering?
A: New York insurance law allows you to file a monetary compensation claim for pain and suffering if you were a passenger or driver of a motor vehicle (not a motorcycle) and you can provide evidence that you sustained a “serious injury” as defined by law. The New York insurance law defines a “serious injury” as an injury causing “death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.”
Some injuries may not initially meet the “serious injury” criteria but are likely to do so in the future. Call us so that we may go over the details of your case with you. With so much at stake, seeking professional help from a qualified attorney is the right choice.
If I think I caused the accident, should I let anyone know?
A: No. Do not give your opinion as to who was responsible for the accident. Let the police officers and insurance investigators determine who is to blame. If asked to reconstruct the accident, cooperate fully with the police officer but do not offer opinions-only facts. Motor vehicle law is complicated and while you may think you are to blame, it is certainly possible that you were not or are equally at fault with the other driver. Remember that if you admit liability to a police officer or another driver, your admission may be used against you later in court or in settlement. Before admitting to anything, contact The Law Offices of Jonathan B. Nelson, PC so that we can advise you on what to do.
Is it ok to offer to pay for damages up front under the stipulation that I will be reimbursed later if it is determined not to be my fault?
A: No. Do not pay for anything until you speak to a lawyer or receive an order to pay.
By when do I need to determine whether to file a lawsuit?
A: Under New York law, you would have to file a lawsuit within three years of most motor vehicle accidents. This period is called the statute of limitations and it can differ when for example, a municipal vehicle is involved in the accident or a minor is injured. Once the statute of limitations runs out, you are barred from bringing a lawsuit in the state’s courts. The law is especially unforgiving in this area. If a long time has passed since your accident, and you think you might be barred from bringing a lawsuit, call us right away. There are some available tools to help people in your situation.
If I win a personal injury lawsuit, how do I collect the judgment?
A: If the person has insurance, collecting the judgment can be relatively simple. Usually all you will have to do is forward a copy of the judgment to the losing defendant’s insurance company and they should send you a check for the judgment amount not exceeding the insured’s policy limits. The situation becomes more complicated and challenging if the losing defendant does not have insurance. You will have to request that the court “enter” the judgment and you will then have to take steps to enforce the judgment. Call us and we can help you get through this difficult process.
What is a contingency fee?
A: A contingency fee is a program offered by many attorneys that allows people who cannot afford to pay for legal representation upfront to seek legal assistance with their lawsuit by pledging to pay a certain percentage of their winning judgment to the attorney. The client only pays the attorney if he or she receives a winning judgment.
What if I am in an accident in New York but live out of state?
A: We can still assist you in exactly the same way. If we are able to settle the case before the initiation of trial preparations, you can stay where you are and we can maintain our communications over the phone and by e-mail. However, if the case gets past the deposition stage, we may need you to travel back to New York a couple of times. We will try our best to limit your visits to the bare minimum.
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