Personal Injury FAQs

In order to file a claim, you will need to prove a few elements. First, you will need to prove that the other party involved owed you a “duty of care.” This could be either an explicit or implied duty of care. Next, you will need to prove that the other involved party failed to uphold this duty of care. Typically, though not in all cases, this is proven by showing that the other party acted negligently or wrongfully. You will then need to show that, because of the failure to uphold the duty of care, you suffered injuries/harm and that those injuries/harm led to measurable damages.

In New York, only the personal representative of the decedent’s estate can bring a wrongful death action. The claim is brought by the representative on behalf of certain surviving family members, including the spouse, child/children, parents, and/or beneficiaries, heirs, and dependents of the deceased. Visit our Wrongful Death page to learn more.

After a car accident, slip and fall, or other type of accident or injury, it is understandable that you would want to know how much you can expect to recover by filing a personal injury claim. Unfortunately, the answer is not cut-and-dry. Every case is different and, therefore, the amount you could potentially recover will depend on the unique factors present in your case. The nature and severity of your injuries, the extent of your damages, how the accident occurred, whether you were partially at fault, and many other factors will all play a role in the total amount you may be able to recover. We encourage you to contact our Forest Hills personal injury attorneys to discuss your specific case with a knowledgeable and experienced attorney.

While you may not realize it, where you get injured has an influence on what type of case you can file. In many cases, if you were injured at work, you cannot file a personal injury claim. Instead, you will need to pursue compensation through the state’s workers’ compensation system. However, there are exceptions to this rule. At The Law Firm of Davidoff & Associates, we can help you understand how to approach your case in order to get the best possible result. We have helped injured clients throughout New York when it matters most. Let us help you, too.

Typically, employers are exempt from personal injury claims under the workers’ compensation system. However, if a third party caused the accident, you could pursue them for damages via a personal injury claim. Third-party liability means an individual separate from the employer caused the workplace accident. For example, if you are a truck driver and someone crashes into you, you can file for workers’ compensation and you can also sue the negligent driver. With these types of cases, it is necessary to prove that the third party was at fault. We do this by gathering evidence to demonstrate what they did wrong. From taking pictures and getting witness statements to providing medical reports, we utilize our resources to build the strongest possible case. Our attorneys can assess your claim and determine what is in your best interest moving forward.

We know that you need your car. And now that it’s damaged and you can’t drive it, how will you get where you need to be? Dealing with damage to your car can be a big headache after an accident, particularly if you only have one car in the family, or if you don’t have enough money to get a new car or your insurance doesn’t cover the full value of your damaged car. On top of that, if your car is the means by which you get to work, you may be missing work and risk losing your job because you don’t have a way to get there. What do you do? At The Law Firm of Davidoff & Associates, our attorneys can advise you on what you need to do to get back on the road as soon as possible. Damage to your car is treated as a property damage claim, which is a different kind of law than personal injury law. Most personal injury law firms won’t also handle the property damage claim, but we offer this service as a courtesy to our clients.

While you’re getting car repairs after an accident, the insurance company will pay a set rate for you to use a rental car. If you want to drive a car that is more expensive than the daily insurance rate allows, you will have to pay the difference.

This depends on who is deemed to have been at fault for your car accident. If you were at fault, your insurance will have to pay for the damage. The good news about this situation is that because there won’t be a second insurance company conducting an investigation, your car may be repaired more quickly. If the other driver was at fault, you can still have your own insurance pay for the damage if you have collision coverage. Your rates will not go up if you use your own insurance; using your own insurance may also be necessary if the at-fault driver had no insurance or inadequate insurance. If you use the at-fault driver’s insurance to pay the claim, you will still have to pay for the deductible at the body shop. You will get it back when the insurance company pays the claim. But this could take a while.

New York is one of a select group of states that uses what is called “no-fault” law for car accident claims. That means that all drivers are required to have insurance that will pay up to a basic limit for injuries and other financial damages in the wake of an accident, regardless of who was at fault for the accident. If you were in an accident, for example, your no-fault insurance would pay for your expenses, those of any passengers in the vehicle, and those of any pedestrians involved in a collision with your car. There are strict time limits governing how long you have to file a no-fault claim after a car accident. The sooner you contact a no-fault attorney to pursue compensation after an accident, the better.

No-fault insurance is intended to provide injured people the money they need to recover from injuries and repair damaged property without waiting a long time for an insurance investigation. It was also created to reduce the number of lawsuits filed in New York for minor injuries and provide a source of compensation for people injured in hit-and-run accidents.

Each person who was injured in (or a pedestrian injured by) a particular car in New York is entitled to collect up to $50,000 to cover medical bills, lost wages, and other economic damages related to the accident. This amount does not include recovery for pain and suffering.

People who are seriously injured in a car accident in New York may still file a personal injury lawsuit to recover compensation to pay for their losses. There are guidelines outlining what may be considered a serious injury. Fractures, dismemberment, and death are three such allowable injuries. Other injuries must be considered individually, and take into consideration the effect the injury has on the person’s life.