FAQ

Negligence is the legal concept that someone failed to act with the level of care a reasonable person would have used in the same situation, and that failure caused harm. To prove negligence in a lawsuit, you generally need to show four things:

1. The other party owed you a duty of care.

2. They breached that duty by acting carelessly or failing to act.

3. Their actions (or inactions) directly caused your injury.

4. You suffered damages, such as medical bills, lost wages, or pain and suffering, as a result.

There’s no one-size-fits-all answer. The value of a personal injury settlement depends on factors like the severity of your injuries, the cost of your medical treatment, how much work you’ve missed, whether you’ll need ongoing care, and the impact on your quality of life. Settlements may also include compensation for pain and suffering or, in some cases, punitive damages. An experienced personal injury lawyer can evaluate your case and give you a clearer picture of what your claim may be worth.

Not usually. Most personal injury cases settle before ever reaching trial. A settlement can save time, stress, and legal costs while still getting you fair compensation. That said, if the insurance company refuses to make a reasonable offer, your attorney may recommend going to court to fight for the compensation you deserve. Whether your case settles or goes to trial will depend on the facts, the strength of your evidence, and the willingness of the other side to negotiate.

Most New York personal injury lawyers work on a contingency fee basis, which means you don’t pay anything up front. Instead, your attorney only gets paid if they win your case, typically by taking a percentage of the settlement or court award (often around one-third, though it can vary). You may also be responsible for certain case expenses, but many firms cover those costs and deduct them from the recovery. This arrangement makes it possible to hire a skilled lawyer without worrying about hourly fees.

In a personal injury lawsuit, you can seek compensation for both economic and non-economic damages. Economic damages cover tangible losses like medical bills, rehabilitation costs, lost wages, and future loss of earning capacity. Non-economic damages address the harder-to-measure impact of an injury, such as pain and suffering, emotional distress, or loss of enjoyment of life. In rare cases, punitive damages may also be awarded if the defendant’s conduct was especially reckless or intentional.

Yes. In New York, certain family members, such as a surviving spouse, children, or parents, may be able to bring a wrongful death lawsuit. Typically, the claim must be filed by the personal representative of your loved one’s estate, but the compensation is meant to support the surviving family. A wrongful death lawsuit can recover damages for medical expenses, funeral and burial costs, lost income and benefits, and the loss of companionship or support. Speaking with a wrongful death attorney can help you understand your rights and the deadlines for filing in New York.

Yes. If your loved one is unable to take legal action on their own, because of age, illness, incapacity, or even death, you may be able to file a claim on their behalf. In New York, this is typically done by a legal guardian, someone with power of attorney, or the personal representative of the estate. Filing a claim allows you to hold the nursing home accountable, stop further abuse, and seek compensation for the harm your loved one has suffered.