Questions and answers
Personal Injury FAQ
If your question is not here, call and ask it. The consultation is free.
Money and fees
What does it cost to hire you?
Nothing up front. The consultation is free and we work on contingency — our fee comes out of the recovery. If there is no recovery, you owe no attorney fee.
What is my case worth?
It depends on the injury, the treatment, the work you lost, how your life changes, and the insurance available. Anyone who quotes you a number before reading the file is guessing.
Who pays my medical bills while the case is pending?
In a motor vehicle case, New York no-fault normally pays medical bills and part of lost wages regardless of who caused the crash — but only if the paperwork is filed on time. In a work injury, workers' compensation covers treatment. In a premises case it may be your own health insurance, with a lien repaid from the recovery. We map this out at the first meeting.
Deadlines
How long do I have to sue in New York?
Generally three years from the date of the accident for personal injury, two years and six months for medical malpractice, and two years for wrongful death. There are exceptions in both directions.
What if a city, the State or a transit authority is responsible?
Then you normally have just 90 days to serve a Notice of Claim, and one year and 90 days to sue. This applies to claims involving a city or county, a school district, a public hospital, a housing authority, the MTA and NICE bus. Missing the 90 days can end an otherwise strong case.
Is it too late if the accident was a while ago?
Maybe not — but every week matters, both for the deadline and for the evidence. Call and let us check the dates for you.
Fault and insurance
I was partly at fault. Can I still recover?
Yes. New York applies pure comparative fault: your recovery is reduced by your percentage of fault, but you are not barred. Insurers routinely assign more fault to the injured person than the facts support.
The other driver had no insurance. Now what?
Your own policy normally carries uninsured motorist coverage, and there are claims available through MVAIC for pedestrians and others with no policy of their own. These have their own short notice requirements.
Should I give the insurance company a recorded statement?
Not before you speak to a lawyer. Adjusters are trained to ask questions whose answers limit your claim later. You are not required to give the other side a statement.
Working with this firm
Will a partner actually handle my case?
Yes. Clients are not turned over to an associate; a partner works with them directly throughout the case, and the partners review every file together.
I cannot travel to your office.
Then we come to you. We make home and hospital visits.
Do you handle cases in Spanish?
Yes. Clifford Gabel is fluent in Spanish and the firm handles cases in Spanish from the first call. Our Spanish-language pages are at selectattorney.com/es.
Which office should I call?
Whichever is closer. Hicksville is (516) 739-2220 and Kew Gardens is (718) 275-3300. Both offices work on cases anywhere in the New York metropolitan area.
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