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If you've been injured in an accident or on the job, the attorneys of Hach & Rose, LLP have the knowledge, skills, and experience required to hold the party responsible for your injury accountable.

Last Updated: 07-20-2023

At Hach & Rose, LLP, we are dedicated to protecting the rights of individuals who have been harmed because of the recklessness or negligence of another party. To help keep our clients and potential clients as informed as possible, our team of New York personal injury attorneys has compiled a list of frequently asked questions that may be able to provide some insight regarding important aspects of your case. If you would like to discuss any of these topics further, feel free to contact our offices at (212) 779-0057, and check back often as we will update this list regularly.

How will my compensation be paid if I win?

When a plaintiff’s case is successful, they may receive compensation in one of two ways. The first is to receive all their compensation in a single payment, or lump sum. This type of payment is much less common than what is known as a structured settlement. These payments provide compensation over a set period of time, providing payments relatively slowly, but eventually in full. Depending on how the case is completed and what agreements are made, a claimant may expect either form of payment if their claim is successful.

Will I have to go to court when I file a personal injury lawsuit?

This is a major concern of many busy people who do not have the extra time to go to court to present their case. Fortunately, it does not have to be a concern, as many personal injury cases are settled out of court between you, your lawyer, and the party from whom you are seeking financial compensation. However, every case is unique to the parties involved and circumstances of the case.

Why shouldn’t I just file for workers’ compensation?

In some cases, the state law may provide an opportunity for a person to file for workers’ compensation or file for compensation through a personal injury lawsuit. While workers’ compensation may seem like the safer option, there is a high possibility that a claim may still be denied and further legal action may be required. Additionally, a personal injury lawsuit may be able to yield a greater award, better protecting an injured individual’s finances.

Why should I hire a personal injury lawyer?

When you have been injured or suffered the ill effects of another person’s negligence, you are likely facing numerous consequences beyond the physical repercussions. As people in your position are often burdened by medical bills, rehabilitative costs, lost income, and other expenses, financial strains are common and can quickly become overwhelming. Therefore, securing compensation through a personal injury lawsuit can be essential to easing your peace of mind and recovery. Working closely with an experienced personal injury attorney can help to ensure that your case is adequately heard.

Why hire a union-friendly attorney?

When a person is injured on the job and is considering legal action, it’s crucial that they trust their attorney and have confidence in their ability to work through a case. Considering that union-friendly attorneys are often responsible for handling cases that involve worker injuries, these lawyers have a unique level of experience and comfort in arguing for a worker’s fair compensation for their injuries.

Who’s responsible for my truck accident injury?

Due to the numerous laws that regulate the trucking industry, there can be some confusion regarding who is actually at fault after a truck accident. Usually, a trucking company will assume liability if the accident involved an illegally overworked driver, a driver with a dangerous driving history that should not have been hired, or an untrained new employee. They may also assume responsibility for a lack of proper repairs having been made of the truck. On the other hand, drivers may be liable for errors on the road they make. Manufacturers are usually responsible for unexpected malfunctions or defects. The government is often responsible for road defects.

When should I hire an attorney?

After an injury, a person may face several problems or concerns linked to their role in the incident. Insurance companies may want to take statements or gather information, some defendants may try to settle immediately after the incident, and a person may need to even answer questions for a police report. Because of these pressures, which can eventually shape a potential personal injury lawsuit, an injured individual should consider working with an attorney as early as possible.

What should I do if I suspect a relative in a nursing home is being abused?

Nursing home abuse is a particularly devastating problem, but can be very difficult to reveal. As the perpetrators of the abuse may use threats and violence to silence nursing home residents, getting real evidence of abuse for a lawsuit can be difficult. However, a family can request their relative visit a doctor unaffiliated with the nursing home. Additionally, they may want to schedule a consultation with a legal adviser to talk with their relative regarding what events are occurring in the nursing home.

What is negligence?

A moment of carelessness or lack of adequate safety precautions can leave a person with severe injuries and a need for significant medical care. In particular, if a person causing an injury owes the injured individual some sort of duty, they may be held liable for the consequences of any harm that they cause even if it was unintentional. In these cases, a person found owing a duty and failing to perform it may be considered negligent. Victims of resulting accidents may be able to sue for compensation.

What is medical malpractice?

Doctors, nurses, and hospital administrators all have duties and responsibilities to the patients they help. In particular, these medical professionals are legally obligated to meet certain standards when it comes to medical care. For doctors and nurses, this means making well-informed and reasonable choices about treatment and administering those treatments properly. For administrators, this means establishing safe policies and facilities. Failure to meet these standards may lead to an injury, which is the basis of medical malpractice litigation.

What is a deposition in a personal injury case?

Part of the process of filing an injury claim against another person includes questioning both the claimant and the defendant. This questioning is more commonly known as a deposition. Depositions are used to gather information about the event that caused the injury, the injury itself, and the health of claimant before the injury. These depositions are recorded, and the claimant or defendant answering questions is expected to answer to the best of their ability.

What evidence do I need to prove my case?

When a person is injured because of someone else’s negligence, they typically need to provide evidence for the court or the other party to show that they were wrongly injured by the other individual’s mistakes. This evidence can vary between cases, but often includes photographs of the injury, the scene of the incident, and either the vehicle or product involved in the injury. However, collecting this evidence, submitting it to the court with strong backing arguments, and effectively tying it in with expert testimony can be a very strenuous task for anyone considering filing their claim alone.

What are punitive damages?

When someone is injured because of a particularly severe or willful violation of safety rules or regulations, that person may be entitled to receive punitive damages as a part of their compensation through an injury lawsuit. These damages are awarded by the courts and are relatively rare for most compensation cases. However, if provided to an injured claimant, they may increase the amount of compensation a person receives for their suffering and injuries significantly.

Should I keep records for all of my injury expenses or just medical bills?

A person considering filing a personal injury lawsuit after sustaining an injury because of another person’s negligence should keep whatever records or receipts they have from injury-related expenses. In particular, records of medical bills are extremely important to have in these cases. However, proof of other injury costs in the form of records and receipts can also dramatically strengthen a person’s claim to compensation. If possible, copies of these bills should be sent to a claimant’s legal advisor.

Should I accept an offered settlement?

In some cases, a person may be offered a settlement very early in the process of pursuing legal action for a personal injury. If the incident is particularly obvious in who was at fault, there is a chance of a monetary offer being extended soon after the incident. However, it may not necessarily be in an injured person’s best interests to settle early. Instead, they may want to consider their full range of legal options and discuss their claim with an experienced legal advisor first.

My spouse was killed on the job. Am I eligible for compensation?

A tragic loss due to workplace mistakes from an employer can leave a family feeling frustrated and shaken. However, there may be legal options available to pursue financial compensation to help cover funeral costs, any related medical expenses, and the loss of income a loved one would have provided. While it can be difficult to think about these practical needs in a time of great grief, a family may want to consider this legal action to protect their future.

My case was dropped by another law firm. Can you help me?

In some cases, a plaintiff’s original legal representatives may choose to discontinue their service for a variety of reasons. However, this does not necessarily mean that one’s case is invalid or that they should no longer pursue the matter. Unless the case has been dismissed or closed, a plaintiff may seek new legal representation and press onward in their effort to recover suitable financial compensation for the harm that they have endured.

If you have had your case dropped by another law firm, we would be glad to discuss the situation with you and to provide experienced representation if your case has merit. Click here to learn more about switching your attorney.

Is there a difference between negligence and recklessness?

In short, yes. The legal difference between an act of negligence and an act of recklessness is one of intention. If someone knowingly endangers another person’s health and safety, often also breaking a law in the process, they may be sued for recklessly causing an injury. In cases involving reckless conduct, the injured party involved may be able to collect punitive fines in addition to other forms of compensation if their claim is successful. Negligence, on the other hand, is failing to safely conduct oneself or provide a safe environment for others, but not necessarily intentionally.

Is misdiagnosis automatically considered medical malpractice?

Many people may be misdiagnosed by their doctor, but this doesn’t necessarily mean that the doctor can be sued as a result. As long as a physician took the proper steps throughout the diagnosis process and reached a reasonable conclusion with the information provided to them, they may be protected from a malpractice lawsuit. This is because medical malpractice lawsuits can only be filed when a doctor has failed to uphold the medical profession’s standards of care. Reasonable errors, as harmful as they may be, may be protected from a medical malpractice claim.

If some of my injuries were present before an accident, can I still sue?

Contention in personal injury lawsuits often centers upon the severity of one’s injuries or the clarity of the connection between the accident and the injuries. In some cases, a person who is hurt in an accident may have already suffered from some ailment, whether it was an injury or a permanently disabling condition. This does not mean, however, that legal action is unavailable to them. It is unlikely that compensation may be recovered for the injuries which were already present, but by providing sufficient medical documentation to establish which injuries or conditions were newly introduced by the accident, one might secure needed financial resources.

If I am injured at work, can I receive financial compensation?

In many cases, yes, you may be eligible for financial compensation after a work-related injury. This will largely depend on the specific circumstances surrounding the injury and whether or not an attorney can prove negligence was the cause of the accident. While your employer may attempt to mislead you, it is important to discuss your legal rights with an attorney before you accept any sort of benefits.

I’m trying to better understand my options, but I can’t understand this legal jargon. Can you help?

Law and policy-makers often fail to take readability into consideration when they work to put together the rules of pursuing compensation after an injury. As a result, those who might be entitled to file a lawsuit can easily be left confused and frustrated by the complex jargon found in many legal resources. However, we can help with this. At Hach & Rose, LLP, we work closely with our clients to explain their case options and what they should prepare for in easy to understand terms.

I’m looking for a union-friendly lawyer after being injured on the job. Can you help?

For many workers filing an injury claim after being injured at their job site, knowing that they can trust their legal advisor is a major part of being confident with a lawsuit’s progress. Workers in a union should feel comfortable with our history of legal service to union members, as we’ve helped laborers from the Ironworkers union to the United Association. We stand in solidarity with union laborers and proudly offer our services when they are needed most.

I was injured off of the official construction site. Can I still sue for compensation?

The rules regarding the definition of the workplace include any area that is used for work purposes. This includes vehicles used for transport to or from work, among other instances when a construction worker is injured at work while off-site. As long as that worker was injured because of their employer’s negligence, any space used for work purposes may be considered a part of the workplace.

I was injured in a subway accident, what do I need to do?

Often, when a subway accident occurs, many people suffer harm. If you did not receive medical attention after the accident, have a physician assess your injuries. In order to take action against the Metropolitan Transportation Authority (MTA), you must file a notice within 90 days of your subway accident. This also means that you should contact a personal injury attorney as soon as possible. The MTA will likely be facing many lawsuits, with the possibility of an accident investigation; you want to make sure your voice is heard and your rights are protected.

I was attacked by a wild animal while on someone else’s property. Am I eligible for compensation?

A wild animal attack isn’t usually considered a negligent incident. However, depending on the precise details of the attack, it may become clear that the property owner had a responsibility to keep these animals off of their property and away from guests or visitors. Animals and insects with a known and constant threatening presence on a property may become that property owner’s liability in some situations. However, a legal adviser can better explain the rules in pursuing a lawsuit for specific instances.

If you’ve sustained an injury because of a property owner’s inaction to a known threat, there may be legal action available to help you recover compensation.

I can’t pay for my medical bills, but I intend on pursuing legal action for compensation. Is this allowed?

In short, the answer to this question rests with a person’s medical care provider. Some hospitals and doctors will allow patients injured due to someone else’s negligence to withhold payment until their legal proceedings are complete. Others may not. However, an attorney may be able to better explain the situation to a medical care provider and work out a solution to help those without the financial means to cover injury costs presently.

How long do I have to file?

Each state has a fixed time period in which those who are harmed by others may pursue legal action. This time limit is known as a statute of limitations. If a person waits until this has expired, they will not be allowed to file a lawsuit in the matter. For most claims in New York, this time limit is three years after the injury.

However, this can be extended to the point in which the claimant first discovered their injury. In addition to this possible adjustment, injured minors may have up to their 21st birthday to decide whether to sue or not after an injury. These exceptions provide extra time to the original three-year limit in specific circumstances.

How do I know if the MTA is liable for a subway accident?

The MTA is the parent company of the New York Transit Authority, who controls the New York City Subway. It is the responsibility of these companies to make sure their operators and staff are adequately trained and capable of getting passengers to and from their destinations safely. They are also responsible for making sure facilities and subway cars are maintained and functioning correctly. When an accident involves faulty car doors, car collisions, slips or falls in a subway car, falling onto the tracks, sudden car stops, or a number of other circumstances associated with car maintenance or staff training, you can most likely believe that the MTA is liable. The attorneys of the Hach & Rose, LLP are familiar with subway accident cases and will be able to determine who should correctly be held liable in your case.

How can I pay for the costs of an injury?

After an accident, victims may face a number of expenses. Medical treatment, property damage, and lost wages are only some of the financial demands that could be thrust upon a person after they are injured and these can be extremely difficult to handle. A successful civil lawsuit against the party responsible for causing your injuries may provide you with a way to secure financial compensation for these and other related damages.

For what damages can compensation be recovered in subway accidents?

When subway accidents occur, there can be many negative consequences for victims. Depending on the type of accident, victims could experience head injuries, bones fractures, anxiety attacks, lacerations, burns, electric shock, or in the worst case, death. If you were injured in a subway accident, you may be entitled to recover damages for physical pain, mental suffering, medical bills, and loss of income. If you lost a loved one due to a subway accident, you may be able to recover compensation as well.

Does filing a lawsuit guarantee that I will receive compensation?

Unfortunately, despite the validity of a plaintiff’s claims, there can be no guarantees regarding the outcome of a civil lawsuit. A skilled and experienced attorney can help to ensure that your case is viable and that you comply with all procedural requirements. Moreover, they can help you to pursue a strategy that may lead to an increased likelihood of a favorable outcome.

Do I need to hire a lawyer if I’ve been injured?

If you have suffered an injury because of the negligence or reckless actions of another person, hiring a personal injury attorney is likely to be in your best interest. By working with a legal representative, you can seek financial compensation for medical bills and other losses associated with the injuries that you have sustained.

Can I sue the government if injured by a government employee?

Historically, claimants filing against the government were blocked by a legal rule known as sovereign immunity. This rule kept anyone from suing the government unless the government allowed the suit to continue. However, the Federal Tort Claims Act (FTCA) removed this legal blockage. Under the FTCA, a person injured by a federal employee may be able to file a claim against the government for the opportunity to win compensation for their injuries and suffering. There are some unique rules and regulations for claims against the government, though.

If you’ve been injured because of a government employee’s negligence, you may be entitled to file a claim against the government. However, there are many special rules for these claims, meaning that you should likely consult with a knowledgeable legal advisor first.

Can I sue for compensation if I’ve lost my job or career opportunities after an injury?

When a person’s career progress ultimately depends on their physical health and fitness, an injury from an accident may leave them in a particularly disruptive predicament. However, if they can prove that they would have been offered new job opportunities or kept their job if the accident had never happened, they may be able to recover compensation for the estimated value of these losses. This compensation is uncommon, though.

If you’ve lost wages, opportunities, or even promotions as a result of another person’s negligent or reckless actions, there may be financial compensation available to cover the financial cost of these losses.

Can I sue again if I am unhappy with outcome of my first case?

When a person files a lawsuit without having a full record of injury expenses or does not receive the amount of compensation they were expecting, they may wish to sue again for more compensation. However, this is not allowed. Any settlements or awards provided for an injury are final. If a person needs more money for their injuries or is unhappy with the amount they received, they may be out of options.

Because of this limitation, it is important that when you file a civil lawsuit you seek the full range of compensation that you may eventually require.

Are your legal fees expensive?

One of the most off-putting parts of considering legal action for many people is determining just how much they’ll need to pay their lawyers. For many people, this can make pursuing a lawsuit after an injury too much of a gamble. We understand this worry and, as such, don’t charge you unless you are awarded compensation.

At Hach & Rose, LLP, we work to provide our clients with quality legal services from an experienced and reliable team of professionals. To learn more about how we may be able to put those assets to work for you, contact our New York personal injury attorneys today at (212) 779-0057.

An insurance company wants to take a recorded statement. Should I let them?

Insurance companies often try to get injured individuals to provide recorded statements after an accident as proof against them during an injury claim. If an insurance company wants to take a statement, it is likely that they’re building a legal defense against a lawsuit. An injured individual may want to avoid providing these statements.

If you have been pressured by an insurance company to provide information that you do not feel comfortable giving, we can help you to ensure that your rights and interests are protected.

An insurance company wants access to my medical records. Should I give them this information?

Insurance companies generally work to access as much information as possible if they believe they may become involved in a lawsuit. This information, often including medical records of a potential claimant, may require the consent of the injured individual first. However, an injured individual has the right to refuse an insurance company’s requests. In most situations, it is unwise for a potential claimant to provide this information freely.

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