I’ve Been Injured. What Should I Do?
It can be difficult and confusing to know what to do in the aftermath of an injury. In Queens, accidents happen all too frequently. Some victims choose to reach out to attorneys and others don’t. However, the Insurance Research Council reports that individuals who get experienced help from personal injury attorneys receive, on average, about three times more compensation than those who don’t.
If you feel that you deserve more, we agree; and we are ready to help you get it.
What Will It Cost Me To Hire An Attorney?
So that you can explore your rights, Lipsig Law Firm offers completely free and confidential consultations.
For cases deserving of legal action, we work on a contingency fee basis. Our philosophy regarding payments is simple: the cost of hiring an attorney to fight for your rights should never prevent you from getting what you deserve. To ensure that our clients can do this, our services cost nothing until a case has been successfully settled or won.
How Long Do I Have To File A Personal Injury Lawsuit?
Across the nation, there are varying time limits placed on filing personal injury lawsuits. These time limits are generally referred to as a statute of limitations. In New York, personal injury cases have a statute of limitations which states that the injured party has three years from the date of their accident in order to file their claim.
Shared Fault & Personal Injury In New York
There are certain instances when, if you file a personal injury claim, the business or person you are suing may counter by alleging that you are also somewhat liable for the sustained injuries. If proven, these allegations can change the amount of compensation that you are entitled to. Cases such as these are also called shared fault cases.
The state of New York deals with shared fault cases by following a rule of pure comparative negligence. Simplified, this rule states that the court will determine the accident to be a certain percentage your fault. Whatever percentage they determine to be your fault will be deducted from the compensation you secure. If the court determines that you are 30% at fault for your injuries, for example, you are able to attain 30% less compensation.
These circumstances can vary if you are dealing with a claim against a person or company located out-of-state. In this case, you are able to negotiate what impact this rule should have on your specific case. If you believe that shared fault will be considered in your case, discuss this ahead of time with a qualified attorney.
Personal Injury Claims Against New York Government
If your personal injury claim is against a state or federal governmental agency or governmental employee, there are several rules about how to file. Before filing a legal claim, you must file a formal claim with the agency itself. You are also required to give them a certain amount of time to respond. Additional laws that are important to note in this instance are:
- (N.Y. Gen. Mun. Laws Sec. 50-e.) This law provides you with 90 days to file your formal complaint and 1 year to file your lawsuit against a city in New York.
- (N.Y. County Law Sec. 52.) This law provides you with 90 days to file your formal complaint and 1 year to file your lawsuit against a county in New York.
- (N.Y. Court of Claims Act Sec. 10.) This law provides you with 90 days to either file or provide notice of intent to file a complaint against New York state. You can provide notice rather than a filing if you are still receiving medical treatment for injuries you have sustained.
How Much Is My Personal Injury Case Worth?
Just as the circumstances surrounding individual personal injury cases greatly vary, compensation for them can as well. It is difficult to determine what a case is worth initially, before gathering more details. Some variables that are considered when evaluating what your claim may be worth, however, are:
- The type of injuries that have been sustained and the seriousness of those injuries
- The treatments required to heal those injuries (including future ones)
- The amount of time off of work and therefore lost income due to the sustained injuries (this can also include future time and money)
- The pain and suffering experienced by the victim
- The potential for a shared fault claim
Does Court Become Necessary If I File?
Many individuals who want to file claims are uncomfortable with the idea of going to court. In many cases, victims are not required to go, and lawyers can reach a successful agreement before any mention of trial. If this can not be done and court becomes necessary, then clients who have filed claims will be walked through the process step-by-step with an experienced attorney. It is our goal to help you feel comfortable and confident at all times.
Important Information Regarding Insurance Companies
The overall goal of all insurance companies is the same: they want to settle claims with as little payout as possible. Working with them can be confusing, difficult, and incredibly stressful.
Many insurance companies reach out very quickly in the aftermath of a personal injury accident, trying to take advantage of your vulnerable time and pushing to you make fast decisions. The questions they ask you during these calls are purposeful, and can be vague or misleading. The statements you respond with can be recorded and used against you at a later time, so it is important to speak to an experienced attorney before anyone else.
Be aware that you are not required to answer any questions, and you should not allow them to intimidate you. Taking a few moments for yourself so that you are able to explore all viable options is not only allowed but smart.
Commonly Sustained Personal Injuries
Personal injuries are never planned. They are completely unpredictable and can catch even the most prepared person off guard. They happen suddenly and quickly, yet can leave lasting damage. They make it possible for your entire life to change in the blink of an eye.
If you find yourself in this situation, you are at a place where many have been before you. You are also at a place where there is help. Our personal injury experience spans a broad variety of categories, including:
At Lipsig Law Firm, we focus solely on personal injury cases and work to get you the compensation and justice you deserve.
Latest Personal Injury Updates
By Tom Moverman
March 13, 2018 – Woman Killed After Being Struck By School Bus In Queens
A 58-year-old woman was killed after she was struck by a mini-school bus in the Kew Gardens section of Queens on March 13. The woman was crossing the street when the bus struck her while making a left turn at around 6:45 am. Three children were on board of the bus at the time, but none of them were injured. The private mini-bus is owned by Logan Bus Company, which has been cooperating with the investigation.
February 28, 2018 – Four-Year-Old Boy Injured In Queens Hit-And-Run
A four-year-old boy was seriously injured after being struck by a vehicle which then fled the scene in Queens on February 25th. The boy was brought to the hospital for treatment, where he underwent emergency surgery for a broken leg.
According to police, the driver of a white SUV struck the boy in Far Rockaway at around 10 p.m. The driver exited the vehicle before reentering and driving off before police arrived at the scene.
January 17, 2018 – Civic Group Plans Lawsuit Over Queens Bike Lane
On Monday, January 8th, the Douglaston Civic Association announced their plans to file a lawsuit against the city of New York over the Northern Boulevard bike lane in Queens. The group believes the bike lane between 223rd Street and Douglaston Parkway is a safety hazard and has proposed that the lane be built on the sidewalk instead.
The lawsuit will be filed against the city’s Department of Transportation Commissioner Polly Trottenberg, Mayor Bill de Blasio, and the City of New York. The group wants to see the bike lane removed.
December 21st, 2017 – NYC Institutes Hit-And-Run Alert System
New York City has implemented a new hit-and-run alert system, which went into effect on Saturday, December 16th. This new system functions similarly to the AMBER alert system used for missing children. Notices are sent directly to cell phones in the area within 24 hours of any hit-and-run that results in a death or serious injury, including the make, model, color, and license plate number of the vehicle involved.
The NYPD hopes this system will help them catch more of the drivers responsible for these accidents. In New York City, there is an average of one fatal hit-and-run per day and over 40,000 total hit-and-run accidents each year – many of which go unsolved.
November 10th, 2017 – Bus Rear-Ends SUV In Queens
An accident involving a bus transporting adults with special needs and an SUV has intensified community concerns about a controversial bike lane in Queens. This most recent accident is the latest in a string of several which have occurred in the Northern Boulevard bike lane in northeast Queens. While no one was injured in this accident, community organizers say it’s only a matter of time before a tragic accident happens.
The bike lane has taken away a lane of traffic for westbound vehicles on the Boulevard, which is where the bus and SUV were merging from the highway when the accident occurred. Senator Tony Avella wrote a letter to Mayor Bill de Blasio and the Department of Transportation expressing his concerns, but the DOT has denied that the bike lane played a significant role in the latest accident.
June 19th, 2017 – 2-Car Accident Hospitalizes 3 Adults, 4 Children
On Friday, June 17th, a 2-car accident in Queens resulted in the hospitalization of 3 adults and 4 children. The adults all suffered minor injuries, but unfortunately, the child injuries were fairly serious. One of the children, a 2-month-old boy, is in critical condition at a local hospital. The cause of the accident is still under investigation, but police suspect that the driver of a blue BMW ran through a stop sign.
June 6, 2017 – Queens School Bus Accident Sends 17 To Hospital
On May 26th, a Queens school bus collided with a commercial box truck. 16 children and one adult were injured in the accident. Those injured were taken to St. John’s Hospital for treatment. Parents rushed to the hospital to make sure their children were okay. Luckily, the injuries were all relatively minor and not life-threatening. The accident is still being investigated and fault has not yet be determined.
May 26, 2017- Wrong-Way Times Square Killer Had Previous DWIs
The 26-year-old Bronx man who went on rampage in Times Square and drove his car onto the crowded sidewalk and ran over 23 pedestrians, and killed an 18-year-old, had a history of DWIs. According to sources this man had two prior DWI arrests and was believed to be under the influence of drugs and was having hallucinations at the time. He was previously arrested for driving while impaired in 2015 in Manhattan and in 2008 in Queens. He was charged with murder, 20 counts of attempted murder and five counts of aggravated vehicular homicide. Read more about his rampage here.
April 24, 2017- Man Hospitalized After Forklift Accident
A Northern Michigan man was recently hospitalized after a forklift accident took place in the village of Glen Arbor. The 47-year-old accident victim was found bleeding from the head and face and was subsequently taken to a hospital. An investigation into the accident concluded that the man was operating a forklift at a construction site across the street from a post office. His forklift accident happened as a result of the machine lurching forward and throwing the man into the metal framing of the forklift which caused his injuries.
March 9, 2017- Snowstorm Slip And Fall Accident Kills An Elderly Man
An elderly man died following a stumble that caused him to slip and fall as he was walking in the recent New York snowstorm. The man was 85-years-old and it was reported that he was walking through the snowstorm in Queens. He lost balance in a parking lot behind a building on Beach 19th St. in Far Rockaway. His slip and fall accident happened during New York City’s first major snowstorm. It is not clear when he was found and transported to St. John’s Hospital where he later died.
February 28, 2017- Fender Bender Leads To Army Veteran’s Death
A U.S. Army veteran died after he was pushed into traffic following a simple fender bender in Queens. The veteran was involved in a fender bender as he was driving along the Grand Central Parkway. According to police reports, the veteran and the man he was in the accident with, exchanged insurance information on the side of the road and then suddenly the other driver pushed the Army veteran into the path of incoming traffic. The veteran was struck and dragged by another car. It took police two weeks to find the driver who ruthlessly pushed the Army vet into oncoming traffic. He was charged with murder, manslaughter, robbery, and criminal possession of a weapon.
January 4, 2017- Van, Car And City Bus Crash In Queens Leaves Three People Injured
A crash involving a city bus, a car, and a bus left three people injured in Queens. The vehicles crashed at Merrick Blvd and 11th Avenue in Jamaica. The three people were taken to hospital, fortunately, they did not have life-threatening injuries. One person reportedly suffered a broken leg.
December 14, 2016- Mom Pushing A Stroller Hit By City Bus On Dangerous Queens Street
A 43-year-old woman who was pushing her 3-year-old daughter in a stroller across a Queens street was struck by a city bus. The street the accident happened on was a “Vision Zero” designated spot, according to police. The woman was pinned under the front wheels of the bus for a short period of time. One of the wheels crushed the woman’s leg; fortunately, the stroller and the child were just missed and she was not harmed. The mom’s leg was shattered and she was taken to Elmhurst Hospital Center where she was in critical condition. The city considers the street a priority corridor needing safety improvements.
November 17, 2016- Rise In Children Being Struck By Cars In Queens
There has been a rise in the number of children being struck by cars in Queens. Recently a child was struck by a car in Middle Village, a few days after another infant was killed in Jackson Heights. The most recent incident took place in the afternoon when a young girl was struck and was unconscious when the paramedics arrived. She later regained consciousness and was transported to Elmhurst Hospital in stable condition. Before that, a baby being pushed in a stroller was struck by a van that was backing out of a driveway in Jackson Heights.
October 20, 2016- Wedding Venue Blamed In Slip And Fall Case
Lingrow Farm Inc., and other defendants have been accused by a married couple, of negligence, liability and insufficient measures taken to prevent injuries. The couple filed a lawsuit in the Court of Common Pleas of Allegheny County against the defendants, stating that they failed to correctly keep the premises safe and free of any hazards. The complainants allege that the husband slipped and fell because of the dangerous conditions of a wooden deck at the wedding they attended at the Lingrow site. The complainant suffered physical injuries and requests a trial by jury and seeks a judgment against the defendants in an amount in excess of $50,000 plus court costs.
September 1, 2016- Kayak Accident On Hudson River Badly Injures Three People
Recently, three kayakers were seriously injured when a ferry collided with them on the Hudson River. It is believed that the glare from the sun may have blinded the ferry captain, which hindered him from seeing the kayaks. One of the injured persons was an 18-year-old man who had his arm almost severed in the accident. This accident highlights the dangers associated with recreational and commercial watercraft when they share New York city’s crowded waterways.
August 23, 2016- Motorcyclist Killed On A Queens Highway
Recently, a 28-year-old man was killed after he crashed into a car on a Queens highway. The motorcyclist was reportedly speeding on a 2013 BMW motorcycle as he was heading west on Grand Central Parkway near the Jewel Ave. exit in Forest Hills. As he was weaving in and out of traffic, the 28-year-old ended up crashing into the back of a black 2014 Toyota RAV4. The man could not be saved after he was taken to the New York Hospital of Queens. The driver and passenger of the RAV4 were taken to the hospital with neck and back injuries. They are both expected to survive.
July 13, 2016- Demolition Workers Injured In Wall Collapse
In Boston, OSHA is investigating the cause of a wall collapse at the former Wollaston Theatre that resulted in the injury of two demolition workers. One of the workers was trapped under a steel beam and another a pile of bricks. The two men suffered serious but non-life threatening injuries and had to be rushed to Boston Medical Center.
June 28, 2016- Several People Injured In Separate FDNY Fire Truck Accidents In Astoria
On Sunday, June 26, 2016, several people were injured in separate accidents that involved FDNY fire trucks two blocks away from each other in Astoria, Queens. In one incident 14 people were injured after a Fire Engine 312 crashed into a Metropolitan Transportation Authority bus while on its way to the scene of a fire. In the other incident, a fire engine collided with a four-door sedan at an intersection. According to witnesses, the sedan did not pull over to the side when the fire engine was approaching with its lights and siren on.
May 4, 2016- Queens Man Arrested For Fatal Hit-And-Run Accident In Long Island
A hit-and-run driver from Queens was recently arrested after a fatal crash took place in Long Island. The 23-year-old driver of a BMW smashed his car into a taxi in Franklin Square. The BMW was witnessed to have pushed the taxi across lanes of oncoming traffic, onto the sidewalk and then into a power pole. The cab driver died and the woman in his taxi was taken to a local hospital. The driver was charged with leaving the scene of an accident and vehicular manslaughter.
April 27, 2016- Queens Jury Awards Man $12.5 Million For MTA Bus Accident
A Queens jury recently awarded a man who had an accident with an MTA bus a $12.5 million payout. The Long Island man was injured after an MTA bus hit his van. The jury found the MTA and the bus driver to be at fault in this accident. The bus hit the van causing the man to suffer back and neck injuries that needed surgery.
March 29, 2016- NYC Rush Hour Bus Crash Leaves 3 People Injured
On Monday, March 21st, the QM11 bus heading to Queens from Manhattan crashed into a support pillar underneath the FDR Drive at 34th Street. The bus driver appeared to have come off the access road and ended up hitting the support column that holds the expressway overhead. There were 11 people on board the bus and three of them were sent to the hospital, including the bus driver.