Personal Injury FAQs
Personal Injury FAQs

We Can Answer Your Personal Injury Questions

Learn more about your case and options by reading below.

What does a personal injury lawyer cover?

A personal injury lawyer provides legal representation to you if you want to file a claim that you have been injured as a result of negligence or wrongdoing by another person, business, government agency or other entity.

What can a personal injury lawyer do?

A personal injury lawyer does a lot once they have taken on your case. They identify the legal issues of your case and research every issue to build a strong case. Through client counseling, advocacy, court filings, arguments and legal advice they work hard to ensure you obtain justice and the compensation you deserve. If a settlement cannot be reached, a personal injury lawyer will take your case to trial and fight for a fair judgment reflective of your loss and suffering.

What to ask a personal injury lawyer?

If you have been injured due to someone’s negligence, seek medical attention and then meet with an experienced personal injury lawyer before talking to the responsible party or insurance companies. Here are a few questions to ask when interviewing for your personal injury lawyer:

  • What areas of law do you specialize in and have you handled cases like mine before?
  • What were the results of personal injury cases you have taken to trial?
  • How long will a case like mine take to be resolved?
  • Will I be able to speak to you directly if you take my case?
  • If I’m not satisfied with the insurance company’s settlement offer, will you be the lawyer filing my lawsuit and taking my case to trial?
  • What is your contingency fee?
  • Have you ever been suspended from the practice of law?
  • Do you practice personal injury law in all of Brooklyn, New York and New Jersey?

When to call a personal injury lawyer?

If you have been in an accident that resulted in injury or monetary loss, a personal injury lawyer can help you go up against the negligent party, their insurance companies and their lawyers. Your personal injury lawyer knows the laws and procedures to handle your legal issues and acts as your advocate throughout the case. If you have suffered severe injuries, faced expensive medical bills, or have experienced loss of wages due to an accident, it is time to hire a personal injury lawyer.

Why hire a personal injury lawyer?

While you could file a personal injury claim against an insurance company yourself, a personal injury lawyer is experienced in fighting for fair compensation against insurance companies and lawyers who make a lot of money by making sure you get little to no compensation for your claim. Your personal injury lawyer already knows the laws and procedures that pertain to personal injury claims and will handle all the hard work that goes into making sure you are fairly compensated in personal injury claims.

How to hire a personal injury lawyer?

When choosing the personal injury lawyer who is right for you, look for a lawyer who focuses on personal injury law. Ensure they have experience representing clients who have suffered personal injuries specific to your type of case whether it is a car accident or a slip-and-fall injury. Search online by an attorney’s name and firm to see what others are saying and if there have been complaints. Once you hire an accident attorney, evaluate your comfort level in communicating with the attorney and take into consideration how they treat your case. If you feel your lawyer is not available to you or doesn’t return your calls in a timely manner, and you feel uneasy about their ability to add your case to their caseload it may be time to hire a new attorney.

How can a Brooklyn personal injury lawyer help you?

A personal injury lawyer does a lot once they have taken on your case. They identify the legal issues of your case and research every issue to build a strong case. Through client counseling, advocacy, court filings, arguments and legal advice, they work hard to ensure you obtain justice and the compensation you deserve. If a settlement cannot be reached, a personal injury lawyer will take your case to trial and fight for a fair judgment reflective of your loss and suffering.

How long do I have to file a personal injury claim in New York?

In New York, you have three years from the date of accident or injury to file most personal injury claims. For wrongful death lawsuits, you have two years from the date of the loss of your loved one. Medical malpractice claims must be filed within two years and six months.

Will I have to go to trial if I file a lawsuit?

Maybe. Maybe not. At the Law Offices of David J. Hernandez & Associates, we worked diligently to achieve a favorable settlement through negotiation. However, attorney Hernandez is a highly skilled litigator. We will not hesitate to tenaciously pursuit your right to maximum compensation in court, if necessary.

What type of compensation is available for my claim?

New York state law allows for victims of an accident due to negligence to recover monetary compensation for their injuries and damages. These can include:

  • Current and projected medical bills and expenses
  • Loss of current and future income
  • Pain and suffering

How is negligence defined?

In legal terms, negligence is the failure to exercise the level of care a reasonable person would do under similar circumstances. It can also mean the undertaking of actions a reasonable person would not do.

In personal injury cases, the following must be proven:

  • The defendant had a duty either to the injured party (plaintiff) or the general public
  • The defendant’s actions or failure to act would not have been what a reasonable person would have done under similar circumstances
  • The plaintiff’s injury or damages were caused by the defendant’s negligence

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Get all of your questions answered by calling 347-318-4935 or sending us an email.

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