Frequently Asked Questions

PERSONAL INJURY FAQs – We Answer Your Most Commonly Asked Questions.

Being injured can be a painful and stressful experience. You need serious attorneys who can guide you through the process and alleviate as much of that stress as possible by providing you with essential information.

Please review the information below regarding some of the most frequently asked questions about personal injury. We invite you to contact our firm to discuss further questions with a member of our team. As always, your initial case evaluation is free and we are open 24/7.


What is a personal injury?

A personal injury is a physical, mental or emotional injury to a person as a result of another party’s failure to use reasonable care or negligence. If another’s negligence caused your injuries, you may be entitled to huge compensation.

What types of compensation could I receive?

Depending on the cause of the personal injury and the circumstances surrounding your injuries, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, loss of opportunity, and more. Some forms of compensation include the following:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Physical disability
  • Emotional and mental suffering
  • Mental disability
  • Damage to property
  • Punitive damages
  • Loss of opportunity
  • Loss of consortium
  • Loss of companionship
  • Funeral expenses
What is the first thing I should do after an accident?

Whether you’ve been injured in a car accident, truck accident, medical malpractice error or workplace accident, the steps are generally the same.

  • Call the police. Have the police take your statement. Do not leave the scene of the accident. If possible, take out your phone to take pictures and/or videos of the incident. Once the police arrive, if you feel any pain, seek medical attention. They will call an ambulance.
  • Seek immediate medical attention for your injuries. This is essential. After an accident, it is important to tend to any injuries you may have experienced as a result of the accident. This is true even if you do not immediately feel injured. It is important, and recommended, that you go to the doctor, emergency room, or urgent care facility to get checked out.   You may still have a case even if you do not feel hurt at the scene. The biological response to a traumatic situation like an accident sends a rush of adrenaline through the body, which can temporarily reduce sensations of pain. You may start feeling significant pain or developing other symptoms later. It is wise to consult a doctor even if you do not feel immediate, excruciating pain, since some of the most serious conditions emerge over time.
  • If possible, you should try to document the conditions surrounding the accident. If you were injured in a car accident, you can take photos of your vehicle, talk to witnesses and get their names and phone numbers and document the road conditions. This is important to preserve information that may be relevant later.
  • If you are unable to document the scene of the accident because your injuries are too severe, call Levy Borukh Law immediately so that we can dispatch our expert investigators to the scene to obtain witness statements, photographs, and surveillance, if any exist.
Why do I need an attorney?

There are many reasons that a personal injury victim should consult with an attorney. The most important reason to turn to a lawyer is because you need a legal advocate after a serious accident. You need someone on your side who will actively work to protect your rights. After an accident, insurance company will not act in your best interests. Your insurance company will often consider their bottom line before taking your injuries and your interests into consideration. When you have Levy Borukh Law on your side, you don’t have to worry that you will be shortchanged by your insurance company. We will be your advocates after your accident, and we will help you deal with the insurance company and assist you by collecting evidence that is important to your case. We will be able to accurately explain the strength of your personal injury suit to help you understand how to proceed in seeking compensation for your injuries.

How do I know if I have a valid personal injury claim?

Parties who have been injured during an accident have the right to financial compensation. While every case is different, a variety of factors can award assistance to those in need. You do not need to make this decision on your own.  Contact Levy Borukh Law to set up a free consultation and to review your situation in detail. We will be able to give you all of your options and inform you regarding what your expectations should be.

There are so many personal injury attorneys, how do I know I am hiring the right attorney?

Finding the best personal injury lawyer after your accident can be complicated. You want to know how much he or she will charge, how experienced he or she is and how the attorney will inform you of the progress on your case. These are all important questions to help you select the right/best personal injury lawyer in New York. To truly grasp the experience of your New York personal injury attorney, it’s always recommended to meet with him or her in person, if possible. In some cases, the attorney may meet you after an accident, even if you are in the hospital. This face-to-face meeting will allow both of you the opportunity to get answers to important questions.

Important aspects of a lawyer’s practice for you to consider:

  • Experience: While experience isn’t everything, an attorney who has previously handled your type of accident case may be able to provide useful insight into how best to proceed. An attorney’s experience in a particular area of case law, such as car accident cases or medical malpractice cases, may also assist a victim in distinguishing one attorney from another.
  • Prior Results: When speaking with a lawyer, ask them about their prior results. Specifically, ask them how many trials they have had. Ask them the actual amount of their settlements and verdicts. Attorneys with a good track record are likely to use those same skills to achieve favorable results in your case.
  • Free initial consultation: When an accident victim or a victim’s family begins to evaluate possible attorneys, it is important to review whether the law firm offers FREE initial consultations. A FREE consultation allows both the attorney and the victim or victim’s family to begin the process of assessing the strength of a claim.

Levy Borukh Law has the experience, competency, and prior successful results necessary to vigorously prosecute your personal injury case. Call us today for a free case review.

How long do I have to file a personal injury case?

There are numerous important deadlines to consider. First, regarding car accidents, you generally must file your claim for No-Fault benefits within 30 days. A No-Fault claim must be filed within 30 days of the accident with the appropriate insurance carrier. A knowledgeable and experienced personal injury attorney will know what forms to file to preserve your rights and benefits. For personal injury lawsuits, in New York, you must file an action for negligence against the person responsible within three (3) years of the accident. In New Jersey, the action must be filed within two (2) years.


What is “No Fault” Insurance Law

No-Fault is the concept that regardless of whose fault the accident is, the insurance carrier will pay for all necessary medical expenses you incur as a result of your injury (hospitalization, physical therapy, etc.). it will also pay for out-of-pocket expenses as well as lost wages if you are forced to be out of work due to injuries. However, as a result of New York being a “no-fault” state, you must suffer a “serious injury” before you can be compensation for pain and suffering.

No-Fault insurance is required by New York State, as is Liability and Uninsured Motorist insurance. According to New York State’s Department of Financial Services, No-Fault Insurance or Personal Injury Protection (PIP), will cover:

  • Reasonable and necessary accident-related medical and recovery expenses.
  • 80% of lost earnings from work to a maximum of $2,000 a month for up to 3 years from the date of the accident. This is subject to offsets for disability, Worker’s Compensation and Federal disability benefits.
  • Up to $25 a day for reimbursement of necessary household help expenses, as well as travel expenses to travel for medical treatments.
  • $2,000 death benefit (in addition to the $50,000 basic No-Fault insurance limit) payable to the victim’s estate.
What is the “serious injury” threshold?

Because New York is a No-Fault state, you must suffer a “serious injury” before any compensation is awarded to an injured victim. The New York State Insurance law defines serious injury:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function or system
  • Permanent consequential limitation of a body organ or member
  • Significant limitation of use of a body function or system
  • Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
Who pays for medical expenses incurred as a result of injuries sustained in a motor vehicle accident?

The No-Fault insurance Company will pay for medical expenses up to $50,000.00. If you were the operator of the vehicle or a passenger in the vehicle, the vehicle in which you were in will pay for the expenses.

What if the vehicle that I was in did not have insurance?

If a motor vehicle in which you were operating or a passenger in did not have applicable insurance, the Motor Vehicle Accident Indemnification (“MVAIC”) covers certain benefits. You must file the claim timely. MVAIC is a non-profit organization created by the New York State Legislature in 1958 to provide No-Fault and Bodily Injury protection to eligible claimants.

Auto Insurance Claims Do’s and Don’ts

Be careful when dealing with the insurance company. Your actions after an auto accident, from talking to the insurance adjuster to signing documents, can have a negative impact on your case and reduce the amount you are compensated for injuries

What to Do

  • After an auto accident, gather pictures, video, police reports and other parties’ contact and insurance information.
  • Let your insurance company know right away that you have been in an auto accident.
  • Ask the insurance adjuster to walk you through your policy and its coverage.
  • Keep a record of conversations regarding the auto accident.
  • Keep receipts of any expenses incurred after the accident.

What Not to Do

  • Don’t take the insurance company’s offer of compensation without knowing what’s fair.
  • Don’t give any statements to an insurance adjuster until you know how that will impact your case.
  • Don’t sign any documents, like releases or waivers, without consulting your attorney.

Whether you were injured as a driver, passenger, bicyclist or pedestrian, remember the do’s and don’ts of auto insurance claims in New York and you will help ensure enough compensation to recover after getting injured. Call Levy Borukh Law today and we will walk you through the process.



Because workers’ compensation prohibits an employee from suing your employer, you can only sue if other parties are legally responsible for your injuries, such as third-party contractors, property owners, or subcontractors.

If an injury on construction site occurred because of a third party’s negligence, the workers can make a claim against that party whether it be an Owner, General Contractor, or Subcontractor where the accident occurred. The injured party must establish that third party was negligent and that their negligence led to the injury. An experienced personal injury attorney can establish the negligence on the injured victim’s behalf.


The property owner and general contractor (and in some cases subcontractors) should make sure the workplace is a safe environment and must abide by all laws. They cannot delegate these responsibilities to anyone else and are strictly and absolutely liable for any violations of the statute.

What is the New York Scaffolding Law?

New York state has a unique law protecting injured workers. Informally and collectively known as the Scaffolding Law, it is actually several sections of the New York statutes that require contractors and property owners to adhere to certain safety requirements on construction sites. New York Labor Section 200 imposes a general duty on contractors, owners and their agents to provide a safe workplace for workers and lawful visitors on a construction site. Section 241 (6) imposes safety obligations on contractors, owners and their agents involved in construction, demolition or excavation work. Section 240 governs the use of scaffolding and other devices for use by employees, “in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure,” but does not apply to routine maintenance. Scaffolding that is more than 20 feet high must be properly secured with a safety rail that allows for the delivery of materials. When evidence and eyewitness testimony show that a scaffold was not properly secured or outfitted, the contractor, owner or agent is liable for injuries that result. An experienced New York construction accident attorney can explain how these laws affect your case.


That varies. It depends on the injury you suffered and the amount of time you were forced to miss from work, if any. Usually, construction accidents are serious and could be worth millions of dollars.

What are common construction accidents?

Any type of accident at a construction site can cause injury or death. Listed below is some information about common types of construction accidents.

  • Crane accidents
    • In New York City, crane accidents are a very common type of construction accident due to all the skyscrapers and major constructions projects occurring each and every day
  • Falling objects
    • Construction workers need to be protected from falling objects, a common problem at worksites. Falling construction materials, tools and equipment can cause serious and even fatal injuries. If a worker is hurt or killed on the job by a falling object, it is important to learn about the compensation available. Levy Borukh Law handles cases involving injuries caused by falling items such as:
      • Bricks, concrete slabs, boards, drywall, pipes, beams, glass and other types of construction materials
      • Power and hand tools such as hammers, knives and chisels as well as heavy equipment such as mixers, generators and forklifts
      • Loads dropped from cranes, cherry pickers and lifts
    • Cases involving injuries caused by falling objects can be complex, especially because it can be challenging to determine who was responsible.
  • Ladder accidents
    • Ladder accidents do not only happen at home; they are a common cause of construction site injuries. Our law firm handles injury cases arising from ladder accidents caused by:
      • Using the wrong ladder for the job
      • Using a ladder incorrectly: climbing while holding objects, climbing with wet or oily boots or shoes, or not securing the ladder at the top and bottom
      • Using a ladder that was poorly maintained or defective: climbing a ladder with bent or missing rungs, damaged feet or hooks, or weak uprights
      • Using a ladder without being trained
    • Accidents involving falls from ladders, whatever the cause, can result in serious injuries or death. Our attorneys can help you determine your legal options.
  • Scaffold Accidents
    • Most construction workers who are injured in scaffold accidents fall off these devices when the devices collapse or shift. Improperly designed, maintained or repaired devices can tip or collapse, causing workers to sustain serious debilitating injuries.
    • Using construction equipment with manufacturing or other types of defects can cause serious injuries, include crushing injuries, broken bones, burns, spinal cord injuries and head or brain injuries. These types of injuries can also be fatal. If you were injured or a loved one was killed because of a defective tool or machine or because of poorly manufactured construction materials,


What is premises liability?

If you have been hurt on someone else’s property, you might have a claim for personal injuries. In general, a property owner has a duty to protect the public from injury on his or her property. If you suffer an injury because the premises owner failed to meet that duty, you may have a case.


Depending on where you fell, the property owner is usually responsible. If the sidewalk is a public sidewalk, absent certain exceptions, the City of New York can be held responsible.


Call the police. Seek medical attention. If you can, immediately take pictures of the defect. If you fail to take pictures, you run the risk of the landlord or property owner repairing the defect and not being able to prove your case.

What are the other types of premises liability cases?
  • Slip and Fall accidents
  • Inadequate lighting
  • Negligent security
  • Defective escalators or elevators
  • Dangerous stairwell or stairwell conditions
  • Supermarket and retail store accidents
  • Toxic Mold
  • Train and subway accidents
  • Snow and ice accidents
  • Swimming pool accidents
  • Drowning accidents
  • Malfunctioning equipment
  • Negligent road design / Roadway neglect
  • Dog bites / Animal attacks
  • Uneven sidewalk flags
What types of damages can I recover for after a premises accident?

Medical treatment: including hospital payments, bills, physician visits, medications, physical therapy, pain management and medical devices, such as cane and walkers

Lost income: for the money you couldn’t earn while you were unable to return to work. In addition, you can receive compensation for “lost earning capacity,” for future lost wages if you are unable to perform some of the same job duties as before.

Property loss: for property that was damaged or destroyed due to the accident.

Pain and suffering: compensation for the physical and mental suffering you experienced as a result of your injuries.

Emotional distress: if a serious accident caused you mental and emotional pain and suffering

Loss of enjoyment of life: if you are no longer able to engage in activities you once enjoyed.

Loss of consortium: for the impact your accident had on your spousal relationship.

How do I prove negligence in a premises liability claim?

Levy Borukh Law will organize the details of your case to demonstrate how the property owner was negligent. Having pictures of the accident site displaying the hazardous conditions will assist in this process. It will also help to have witnesses that can either testify to the details of the accident or to the condition that caused your accident. We employ some of the best investigators in the business to gather the necessary information to win for you.

No one ever thinks that they will get into a motor vehicle or other type of accident. Whether you’re a pedestrian injured in a motor vehicle accident, a bicyclist, the driver, a passenger in a car involved in a car accident, or a construction worker injured on a job site, you may end up with severe injuries that prevent you from returning to work right away. If you’ve suffered a serious injury and are looking at mounting medical bills and lost wages as a result of your injury, this can be scary. Suddenly you are unable to provide for yourself and must depend on insurance to try to recover lost income or reimbursement for damages until you’re able to return to work. Contact Levy Borukh Law for a free consultation and let us see what we can do for you.

Contact us at (888) LAW-1-911 for a FREE case evaluation.