Frequently Asked Questions
Get answers to common questions about personal injury law and the legal process
General Questions
After an accident, your safety and health are the top priorities. Here's what you should do:
- Seek immediate medical attention
- Call the police to file an accident report
- Document the scene with photos if possible
- Gather contact information from witnesses
- Exchange insurance information with other parties
- Avoid making any statements
- Contact a personal injury attorney as soon as possible
The statute of limitations varies by state and type of case:
- New York: Generally 3 years from the date of the accident for most personal injury cases
- New Jersey: Generally 2 years from the date of the accident for most personal injury cases
- Medical Malpractice: Different deadlines may apply
- Government Claims: Much shorter deadlines, often 90 days or less
It's crucial to contact an attorney as soon as possible to protect your rights.
Both New York and New Jersey follow comparative negligence rules, which means you may still be able to recover compensation even if you were partially at fault:
- New York: Pure comparative negligence - you can recover damages reduced by your percentage of fault
- New Jersey: Modified comparative negligence - you can recover if you're less than 51% at fault
An experienced attorney can help determine how fault may affect your case.
Legal Process
The timeline for personal injury cases varies significantly based on several factors:
- Simple cases: 6-12 months if settled quickly
- Complex cases: 2-3 years or more (depending on jurisdiction)
Factors affecting timeline include:
- Severity of injuries and treatment duration
- Complexity of liability issues
- Insurance company cooperation
- Court schedules if litigation is necessary
Most personal injury cases are settled out of court. Statistics show that approximately 95% of personal injury cases settle before trial. However, we prepare every case as if it will go to trial to ensure the best possible outcome. Going to trial may be necessary if:
- The insurance company refuses to offer fair compensation
- There are significant disputes about liability
Compensation
Personal injury compensation may include:
Economic Damages:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Property damage
- Rehabilitation costs
- Home modifications for disabilities
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium (for spouses)
Case value depends on multiple factors:
- Severity of injuries: More serious injuries typically result in higher compensation
- Medical expenses: Both current and future treatment costs
- Lost income: Wages lost and future earning capacity
- Pain and suffering: Physical and emotional impact
- Liability: How clear the other party's fault is
- Insurance coverage: Available policy limits
- Age and occupation: Impact on future earnings
If the at-fault party lacks insurance, you may still have options:
- Uninsured motorist coverage: Your own insurance may cover your damages
- Underinsured motorist coverage: If their insurance is insufficient
- Personal assets: You may be able to pursue the individual's assets
- Other liable parties: There may be additional responsible parties
An attorney can help identify all available sources of compensation.
Costs and Fees
At NBS LAW, we work on a contingency fee basis, which means:
- No upfront attorney fees
- No fees unless we win your case
- Free initial consultation
- We only get paid a percentage of your recovery
This arrangement allows injured individuals to access quality legal representation without financial barriers.
A contingency fee is a payment arrangement where the attorney's fee is contingent upon achieving a successful outcome. This means:
- You pay no attorney fees upfront
- The attorney only gets paid if you receive compensation
- The fee is typically a percentage of your recovery
- If you don't win, you don't pay attorney fees
This aligns the attorney's interests with yours and ensures we're motivated to achieve the best possible outcome.
Still Have Questions?
If you don't see your question answered here, don't hesitate to contact us. Every case is unique, and we're here to provide personalized answers to your specific situation.
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