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PERSONAL INJURY FAQS

Our Queens Personal Injury Lawyers Answer Your Questions

Personal injury law can be complex and confusing. If you were involved in an accident or have a loved one who suffered catastrophic injuries or who died due to someone else’s negligent actions, we understand that you probably have questions about your legal options. We invite you to browse our personal injury FAQs to find answers to frequently asked questions about personal injury law in New York. Have specific questions about your unique situation? Contact us today to request a free consultation with one of our Queens personal injury lawyers.

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Answers to Common Injury Questions

  • Am I eligible to file a personal injury claim?

    To determine if you have a valid personal injury claim in New York, several factors need to be considered and 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 you suffered harm or injury due to someone else's negligence or intentional actions. 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.

    If you aren't sure if you have grounds to file a claim, you should consult with our personal injury lawyer in Queens. Attorney Davidoff can evaluate the specific details of your situation and advise you on the validity of your case.

  • What is negligence in personal injury law?
    If you want to get compensation from a liable party after an accident, then you have to be prepared to prove that their negligence caused your injury. What is negligence in legal terms, though? In summary, negligence is an act – or the lack of an act – that someone takes that a reasonable person would not have done in the same situation. For example, a drunk driver is negligent because a reasonable person knows not to drink and drive.
  • Can I afford a Queens personal injury lawyer?

    The Queens personal injury attorneys at Davidoff Law operate on a contingency fee basis, which means we only receive payment if we successfully recover compensation on your behalf, at which point the payment is taken directly from the settlement you receive. This arrangement allows individuals of various financial backgrounds to access legal representation without upfront costs.

  • How much is my claim worth?
    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 Queens personal injury attorneys to discuss your specific case with a knowledgeable and experienced team.
  • What is the statute of limitations in New York for personal injury?

    New York State has a three-year statute of limitations on most personal injury claims. What this means is that you have three years from the date of your injury to bring a claim against the liable party. If you do not file a claim in this timeline, then the court will dismiss any case you file afterward, except in extremely rare situations. The three-year statute of limitations can sometimes begin when the injury is first diagnosed or should have been reasonably noticed, such as if you suffered a brain injury in a car accident but its symptoms did not begin showing until a month or more had passed.

  • Will my personal injury claim go to court?
    Most people who file a personal injury claim get understandably worried about whether they will have to go to court to fight for the compensation owed to them. What you might not know is that most personal injury claims can settle before litigating. Insurance companies know that trials can be expensive, especially when lost. If your claim is well-built, then our Queens personal injury attorneys can put more pressure on the insurer to give you a fair settlement offer by reminding them that they will not do well in a trial if it comes down to it.
  • How is pain and suffering calculated as damage?
    In a personal injury claim, economic damages take the form of tangible costs like medical bills, lost wages, and destroyed property. To calculate non-economic damages like pain and suffering, one system that insurance companies and plaintiff attorneys use is to total all economic damages and multiply them. The amount of multiplication is based on what seems fair and reasonable based on the extent of the injuries.
  • What do I do if the insurance company tells me not to hire a lawyer?
    Beware of speaking with an insurance company after an accident, especially the insurer representing the party that hurt you. It will try to get you to drop your claim. It might even tell you not to hire an attorney. Do not listen to the insurance company’s tactics. You should not even talk to the other insurance company without first talking with a Queens personal injury lawyer. The only reason it might tell you not to hire an attorney is that it knows it will most likely owe you even more money if you let a personal injury attorney manage your case.
  • What is third-party liability?
    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. In 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 Queens attorneys can assess your claim and determine what is in your best interest moving forward.
  • Who can file a wrongful death claim in New York?
    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.
  • Can I file a personal injury claim if I was injured at work?
    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 Davidoff Law, 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.

Treating Clients Like Family

When you hire Davidoff Law, it's like having an attorney in the family. That is because we treat each and every one of our clients like members of our family. Throughout our years of experience, we've build strong bonds with members of our community and amassed an ever-growing list of success stories from clients right here in the neighborhood.

    “I would recommend them to my family and friends without a doubt” - Wyoming C.
    “Great team” - H.P.

Our Results Speak for Themselves

Millions Recovered for Our Clients
  • $10 Million $10,018,876
  • $5 Million $5,000,000
  • $2.3 Million $2,300,000
  • $2 Million $1,950,000
  • $1.7 Million $1,725,000
  • $1.6 Million $1,610,000
  • $1.5 Million 1,525,000
  • $1.4 Million 1,400,000
  • $1.4 Million $1,375,000
  • $1.4 Million $1,350,000
  • $1.3 Million $1,250,000
  • $1.3 Million $1,250,000
  • $1.2 Million $1,230,000
  • $1.1 Million $1,100,000
  • $1 Million $1,000,000
  • $1 Million $1,000,000
  • $975 Thousand $975,000
  • $960 Thousand $960,000
  • $950 Thousand $950,000
  • $925 Thousand $925,000

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