Personal Injury Lawyer FAQ
Frequently Asked Questions
Find answers to common questions about personal injury cases in New York City, including accidents, workplace injuries, and legal fees.
General Personal Injury
What is the average personal injury settlement in New York?
There is no fixed average because every personal injury case in New York is unique. Settlements can range from a few thousand dollars to several million depending on factors such as the severity of the injury, lost wages, and long-term medical needs. Generally, cases involving permanent disability, traumatic brain injury, or extensive treatment tend to result in higher compensation. Insurance coverage limits and liability also play a major role. The best way to understand what your case may be worth is to discuss it with a New York personal injury lawyer who can review your specific situation and calculate fair compensation based on actual damages and case history.
How long does a personal injury case take to settle in NYC?
The timeline depends on how complex the case is. Some claims settle in a few months if liability is clear and injuries are minor. Others can take one to three years when multiple parties or serious injuries are involved. Cases that go to trial can take even longer due to court schedules and expert evaluations. Insurance negotiations and medical documentation often cause the biggest delays. At Burdzy & Associates, we aim to resolve each case as efficiently as possible without sacrificing the value of the claim. The sooner you contact a lawyer after an accident, the sooner your case can move forward.
What types of injuries qualify for a personal injury claim in New York?
Personal injury law in New York covers a wide range of physical and emotional injuries caused by someone else’s negligence. Common examples include fractures, back and neck injuries, traumatic brain injuries, burns, and emotional distress. Even soft tissue injuries or chronic pain conditions may qualify if they impact your ability to work or live normally. The key factor is whether another party’s carelessness or misconduct directly caused your harm. A personal injury attorney can determine if your situation meets the legal standard and what evidence is needed to support your claim.
How do I know if I have a strong personal injury case?
A strong personal injury case usually includes three elements: clear liability, documented injuries, and measurable financial or emotional losses. You’ll need evidence such as photos, witness statements, medical records, and proof of expenses. The more documentation you have, the stronger your claim will be. In some cases, expert testimony is used to prove long-term impact or negligence. If you were seriously injured in an accident caused by another person or company, it’s best to have your case evaluated by an attorney experienced in New York personal injury law to understand its strengths and potential value.
What are the odds of winning a personal injury lawsuit in New York?
Success rates depend heavily on preparation and evidence. Most personal injury cases in New York never go to trial; over 90% settle out of court once the facts are clear. When cases do go to court, outcomes depend on proving negligence and damages beyond doubt. Working with a law firm that understands how New York courts handle injury claims significantly increases your chances of a favorable result. Burdzy & Associates focuses on building strong, evidence-based cases from the start, which often leads to successful settlements without prolonged litigation.
Legal Process & Fees
How much do personal injury lawyers charge in New York City?
Most personal injury lawyers in New York City work on a contingency fee basis, meaning you do not pay any upfront costs. The attorney’s fee is typically a percentage of the settlement or court award, usually between 30 and 33 percent. If you do not win your case, you owe nothing for legal fees. This arrangement allows clients to pursue justice without financial risk. Before representation begins, your lawyer will provide a written fee agreement that clearly explains all terms and costs so you know exactly how payment will work once your case is resolved.
What is a contingency fee and how does it work?
A contingency fee means your lawyer’s payment depends on winning your case. You pay nothing out of pocket during the process, and the attorney is only compensated after securing a settlement or verdict on your behalf. The fee is a fixed percentage of the recovery, agreed upon in advance. This structure ensures your lawyer is fully motivated to achieve the best result possible. It also makes quality legal representation accessible to anyone injured in an accident in New York City, regardless of financial situation or ability to pay upfront.
Will I owe legal fees if my personal injury case is not successful?
No, you generally will not owe any legal fees if your personal injury case is unsuccessful. Under a contingency fee arrangement, your lawyer covers most case expenses, such as filing fees, expert evaluations, and court costs. If your claim does not result in compensation, these costs are typically absorbed by the firm. At Burdzy & Associates, we handle personal injury cases on a no-recovery, no-fee basis, so clients can focus on recovery without financial pressure. We only get paid when you do, ensuring our goals are aligned with yours from the start.
What should I bring to my free consultation with Burdzy & Associates?
For your first consultation, bring any documents related to your accident or injury. This may include medical records, police reports, photos, witness information, and insurance correspondence. If you have hospital bills or proof of lost wages, include those as well. These details help us evaluate your case accurately and determine next steps. Even if you do not have all documentation yet, meeting early allows us to start protecting your rights and gathering evidence quickly, which can make a significant difference in the outcome of your case.
How are personal injury settlements paid out in New York?
Once your case is settled, the insurance company or defendant issues payment to your attorney, who deposits it into a secure trust account. Your lawyer then deducts legal fees, court costs, and any outstanding medical liens before releasing the remaining balance to you. Most settlements are paid as a single lump sum, although structured payments may be arranged for larger cases involving long-term care or minors. The entire process is transparent, and your attorney will review every detail so you understand exactly how your settlement is distributed.
Car, Truck, and Motorcycle Accidents
What should I do immediately after a car accident in New York City?
If you are involved in a car accident in New York City, your first step is to check for injuries and call 911. Seek medical attention even if you feel fine; some injuries appear later. Exchange information with all drivers involved, including insurance and contact details. Take photos of the vehicles, scene, and any visible injuries. Avoid discussing fault at the scene. File a police report, which will be required for insurance and legal purposes. Finally, contact a personal injury lawyer before speaking with insurance companies. An attorney can help protect your rights and guide you through the No-Fault insurance process used in New York.
Who pays for medical bills after a car or truck accident in NYC?
New York is a No-Fault state, meaning your own car insurance covers initial medical expenses regardless of who caused the accident. This coverage typically includes up to $50,000 in medical costs, lost wages, and related expenses. However, if your injuries are serious or exceed the No-Fault limits, you may have the right to file a claim against the at-fault driver or another responsible party. Truck accidents can be more complex since multiple companies may share liability. A personal injury attorney can review your insurance coverage and determine the best path to full compensation.
How much compensation can I expect for pain and suffering after a car crash?
Compensation for pain and suffering in New York depends on the severity of your injuries, recovery time, and impact on your daily life. There is no formula for calculating this amount; courts and insurance companies evaluate each case individually. Factors such as permanent disability, emotional distress, and loss of enjoyment of life play a major role. While minor cases may settle for thousands, serious or life-changing injuries can result in six- or seven-figure compensation. An experienced personal injury lawyer can help you understand what similar cases have achieved and build a claim that reflects the full value of your suffering.
What are the most common causes of motorcycle accidents in New York?
Motorcycle accidents in New York are often caused by driver inattention, unsafe lane changes, speeding, or failure to yield. Road hazards such as potholes, uneven pavement, or debris also contribute to crashes. Because riders are less protected, even minor impacts can cause severe injuries. Many accidents occur when drivers do not see motorcycles in their blind spots or misjudge their speed. Following safety laws, wearing protective gear, and staying visible on the road can reduce risk, but when another driver’s negligence causes harm, you may be entitled to compensation under New York personal injury law.
Do I need a lawyer if the insurance company already offered me a settlement?
It may be tempting to accept the first settlement offer, but insurance companies often propose low amounts before the full cost of injuries is known. Once you sign a release, you cannot request additional compensation later. A personal injury lawyer can review your case, calculate true damages, and negotiate for a fair settlement that includes all medical bills, future care, and lost income. At Burdzy & Associates, we regularly handle insurance negotiations for accident victims in New York, ensuring that their recovery reflects the real impact of the accident, not just what insurers are willing to pay.
Construction & Workplace Injuries
What are my rights if I’m injured on a construction site in New York City?
If you are injured on a construction site in New York City, you have important legal protections. Under New York labor laws, property owners, contractors, and employers must maintain safe working conditions. If they fail to do so and you are hurt, you may have the right to file a workers’ compensation claim and, in some cases, a separate personal injury lawsuit. Workers’ compensation covers medical care and partial lost wages, but it does not cover pain and suffering. A personal injury claim can pursue additional damages from negligent third parties such as subcontractors or equipment manufacturers.
Can I file both a workers’ compensation claim and a personal injury lawsuit?
Yes, in many cases you can pursue both. Workers’ compensation benefits are limited but guaranteed regardless of fault. However, if a third party such as a contractor, property owner, or equipment supplier contributed to your injury, you may file a personal injury lawsuit in addition to your workers’ compensation claim. This combination allows injured workers to seek full compensation for medical costs, lost earnings, and pain and suffering. An attorney experienced in New York construction law can help identify all responsible parties and handle both claims without jeopardizing your benefits.
Who can be held responsible for a construction accident in NYC?
Responsibility for a construction accident can fall on several parties depending on how the incident occurred. General contractors, subcontractors, property owners, architects, or equipment manufacturers may all share liability if safety rules were ignored or machinery was defective. New York labor laws impose a strong duty of care on employers and site managers, especially under Labor Law Sections 200, 240, and 241. Determining liability requires investigating how the accident happened and who controlled the site conditions. A personal injury lawyer can review your case and identify all possible sources of recovery.
What is the average settlement for a workplace injury in New York?
Settlement amounts vary widely depending on the nature of the injury, the degree of disability, and future medical needs. Minor injuries may settle for several thousand dollars, while severe or permanent injuries can result in six- or seven-figure compensation. Workers’ compensation covers lost wages and treatment costs, but if a third party was negligent, an additional personal injury claim can increase recovery significantly. The only reliable way to estimate a fair settlement is to have your case reviewed by a qualified attorney familiar with New York workplace injury cases and recent verdicts.
How long do I have to file a construction accident claim under New York law?
The deadline, known as the statute of limitations, depends on the type of claim. For personal injury lawsuits related to construction accidents, you generally have three years from the date of the incident to file a claim. Workers’ compensation claims must be reported to your employer within 30 days and filed with the state within two years. Missing these deadlines can prevent you from recovering any compensation. Because time limits vary and exceptions sometimes apply, it’s best to contact a personal injury lawyer as soon as possible after a construction accident in New York.
Still have questions?
Contact Burdzy & Associates today and put a dedicated New York personal injury attorney on your side.
