FAQs

After you have been injured in an accident or as the result of medical malpractice, you may be entitled to compensation for lost earnings if you are unable to work, and for monetary damages for your pain and suffering.   The Law Firm of Andrew R. Leder, Esq., PLLC has years of experience in representing clients who have been seriously injured, and we will fight to get you the compensation that you deserve.

Under New York law, property owners are charged with keeping their premises in a safe condition in view of all circumstances, including the likelihood of injury to others, the potential seriousness of such injury, and the burden of avoiding the risk of harm.  For example, a store owner must make sure that the aisles in his store are free from obstructions or defects, and a municipality must repair defects in its sidewalks if it has received written notice of such defects.

It is difficult to determine how long it will take to resolve any given personal injury case.  Each case is unique; therefore it is simply not possible to say with any certainty how long your case will take.  A personal injury case may settle in a few months, without a lawsuit or trial. On the other hand, some cases can take years to complete.

You should bring any medical records that you have obtained from the doctor or hospital you believe has committed malpractice, as well as any other medical records you have from doctors that you have treated with since the malpractice.  You should bring any photographs, correspondence, or documents relevant to the malpractice.  It is also often helpful to bring a spouse, family member or friend who was with you while you were in the hospital or going through the treatment, because they may be able to provide certain details that you don’t remember or were not aware of.   

At The Law Firm of Andrew R. Leder, Esq., PLLC, we have extensive experience in representing clients in medical malpractice cases, and we will be happy to meet with you to discuss your case.

The answer is yes. New York is a comparative fault state, whick means that  even if you are partly to blame for an accident, you are not prevented from filing a claim for your injuries, or collecting compensation for them.  While every case is different,  the general rule is that if you are partially at fault,  the court will generally reduce your maximum possible award by the percentage of your fault.  For example, if your injuries are determined by a jury to have a value of $1,000,000 and you are 30% at fault, your award will be reduced by 30%, or $300,000.  Your net award will be $700,000   .

Of course, the possibility that you are at fault introduces a complicating factor to your case, which is why it is important to have an experienced personal injury attorney.  At The Law Firm of Andrew R. Leder, Esq., PLLC, we will work tirelessly to get you the maximum recovery you are entitled to.

 

In New York, most personal injury attorneys are paid on what is called a contingency fee basis.  This means that the attorney is not paid unless your case is settled or a jury awards you money.   In most cases, our firm will pay all expenses associated with the case, and these expenses are paid back to us after the case is successfully resolved.   This means that you never have to pay anything out of pocket, and if there is no recovery, you will not have to repay any expenses or any legal fees whatsoever.   If you have questions about contingency fees, contact The Law Firm of Andrew R. Leder, Esq., PLLC. 

OBTAIN A POLICE REPORT
Presumably, you are reading this because you have already been in an accident.  If that is the case, and the police were at the scene of the accident, the first thing you should do is get a copy of the police report.  If for any reason the police did not come, for example the other driver promised to “take care of things” personally, contact the police immediately and report the accident.  A late report is better than no report.
SEEK MEDICAL TREATMENT IMMEDIATELY
After an accident, people are often in shock and may not realize the extent of their injuries. Often, what appears to be a minor injury may turn out to be serious, which is why it is important to seek medical attention immediately. Certain injuries to the head, neck, back, knees and shoulders may not become noticeable or disabling until days, weeks or months later. Sometimes people think the injury is minor and will get better, only to find that it gets progressively worse. If you delay in seeing a doctor, the insurance company will attempt to use your delay in seeking treatment as evidence that you are not seriously injured. Therefore, you should seek medical attention immediately after an accident.
CONTACT AN EXPERIENCED ATTORNEY
After a car accident, there are many details to take care of, including getting your car repaired and having your lost wages and medical bills paid. Additionally, there are strict deadlines for making certain claims and an experienced attorney will be able to guide you through the process and protect your rights.
If possible, you should retain an attorney before you speak to any insurance company, including your own.  Insurance companies often attempt to take a recorded statement within 24 hours of an accident, because they know that you may not realize the full extent of your injuries and that you may make statements which are damaging to your case.   If you are contacted by a representative of any insurance company, you should not speak to them until you have retained an attorney.  Once you are represented by an attorney, you can insist that all insurance company representatives, even those from your own company, speak directly to your attorney. Likewise, do not fill out any forms or paperwork without having these materials reviewed by an attorney.
Insurance companies are in the business of not paying claims, even though you spend years paying them thousands of dollars in premiums. Don’t make it easier for the insurance companies to deny your claim by speaking to them without a lawyer.  At The Law Firm of Andrew R. Leder, Esq., PLLC, we will take care of all of these details for you, and we will deal with the insurance companies so that you don’t have to.
APPLY FOR NO FAULT INSURANCE
Under the New York No Fault law, every driver or passenger in an insured automobile involved in an accident in the State of New York is entitled to have their medical treatment and lost wages (what the law calls “basic economic loss”) paid by the insurance company which insures that automobile,  regardless of fault.  This means that if your car is insured by the ABC Insurance Company, ABC will pay your medical bills, lost earnings, prescriptions, transportation to doctors, and  out of pocket expenses which are related to the accident, until there is a determination that such payments are no longer medically necessary.
In order to receive these benefits, you must file an application for No-Fault benefits within 30 days or your medical bills, lost earnings and out of pocket expenses may not be paid.  The Law Firm of Andrew R. Leder, Esq., PLLC will assist you in filing this application.
TAKE PHOTOGRAPHS
Take photographs of the damage to your vehicle (and to yourself if visible).  If you take photos with a cell phone, you should take steps to preserve them, for example, email them to yourself or another person so that they can be saved on a computer to prevent accidental deletion. It is important to document the damage to your vehicle and to yourself, because this is often the best indication of the severity of the impact. Six months or a year from now, your description of the severity of the accident will be much harder for the insurance companies to dispute if you have pictures.

In New York, there are strict time limits, or statutes of limitations, for bringing lawsuits, depending upon the type of case.  With some exceptions, for an adult over the age of 18, the statute of limitations in cases involving negligence (car accidents, trip and fall cases, etc.) is three (3) years.  For cases involving medical malpractice, the statute of limitations is two and half (2 1/2) years from the last date of treatment by the defendant medical provider.  Failure to file a lawsuit prior to the expiration of the statute of limitations may prevent you from ever bringing your case to court.  Our office will let you know immediately if your case falls within the applicable statute of limitations.

There are very strict State and Federal laws regarding the care and treatment of nursing home patients.  The violation of these laws will subject the nursing home to liability for things such as bed sores, unexplained injuries and sexual assaults of patients.   If you believe that a loved one has been abused or injured at a nursing home, you should contact The Law Firm of Andrew R. Leder, Esq., PLLC  immediately.

Every case is different, and until we have thoroughly investigated your case, it would be unfair to you as the client to give you a dollar amount that may not have any relationship to your actual case.    

There are many factors which affect the value of a case, including the extent and permanence of your injuries, your ability to return to work, degree of fault (to name just a few) and until we have had an opportunity to complete our investigation, we cannot give you an answer to this question that is anything more than a guess.