Long Island Personal Injury FAQ

While it’s true that accidents happen, knowing that fact doesn’t really help when you’ve been injured in an accident because of someone else’s negligent actions. Any injury can have serious impacts on your physical and financial wellbeing.

Protecting your legal rights after an accident that was caused by someone else’s negligence begins with filing a personal injury claim with the help of a Long Island personal injury lawyer.

As you consider filing a personal injury claim, you probably have questions about how to proceed with a case of this type. Read on for answers to some of the most common questions we receive at Siler & Ingber, LLP.

How long do I have to file?

In New York, the statute of limitations for filing a personal injury claim is usually three years from the date the injury occurred. Within this time, you must bring a personal injury claim against those who are responsible for your accident.

If you miss this window, the court will most likely refuse to hear your case at any time in the future.

Can I seek compensation if I was partially at fault?

For most personal injury claims, New York practices pure comparative negligence. That means multiple parties can share in the blame for an accident that injures someone.

You can still seek compensation if you were partially at fault for your injuries, but your compensation award will be reduced by the percentage of fault you’re found to hold. For instance, if you’re found 10 percent responsible, you’ll receive only 90 percent of the compensation awarded to you.

Do I have to settle for workers compensation if I was hurt at work?

While most workplace injuries are covered by workers comp, if you were injured on the job as a result of defective equipment, because of the actions of a third party other than your employer, or due to your employer’s deliberate actions, you may be eligible to file a personal injury claim instead of relying on workers comp.  

Will I have to go to court for a personal injury claim?

A large number of personal injury claims are settled outside of court, but your lawyer will take your case to trial if necessary. Perhaps an insurance company fails to make a fair settlement offer and will not budge. This could be a situation where going to court would be the only option for getting the compensation you need.

How does a contingency fee work?

Personal injury attorneys generally work according to contingency fees. This means that you only have to pay attorney fees if your lawyer wins your case and you recover compensation for your damages. The lawyer fees are deducted from the final compensation award.

Speak to a Long Island Personal Injury Lawyer

The personal injury lawyers at Siler & Ingber, LLP are here to answer any questions you have about pursuing compensation after you’ve been injured. We’re also here to help make sure you get what you’re owed.

To get in touch with a Long Island personal injury lawyer, call 1-877-718-6079 or fill out the form below.

The Law Office of Siler & Ingber, LLP


301 Mineola Blvd. Mineola, NY 11501

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