Frequently Asked Questions

Deadlines

How long do I have? Generally three years for most injury claims (CPLR §214), two and a half for medical malpractice (CPLR §214-a), two for wrongful death (EPTL §5-4.1), and as little as 90 days to serve a notice of claim against a city, county, school district or transit authority (General Municipal Law §50-e). The 90-day rule ends more claims than any other.

Cost

What does it cost to hire you? Nothing up front. Injury cases are handled on contingency — no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled in writing before you sign.

Whether you have a case

How do I know? Usually you cannot tell from the outside, and neither can we without the records. For medical claims specifically, see examples of medical malpractice, which sets out what counts and what does not.

Insurance

The adjuster wants a recorded statement. Speak to a lawyer first. A statement taken while you are medicated and unsure of your injuries is used later to limit what the claim is worth.

What does no-fault cover? Medical treatment and a portion of lost earnings regardless of fault, with a 30-day filing deadline. It pays nothing for pain and suffering — see our car accident page. Motorcyclists are excluded from no-fault entirely.

By practice area

Each of our practice pages carries its own questions: construction, medical malpractice, slip and fall, workplace and traffic tickets.

General information only, not legal advice. Every case turns on its own facts.

Detailed answers

Some questions need more than a paragraph. These are answered in full on their own pages:

• What does primary liability insurance cover?
• What constitutes exploitation in a nursing home?
• Can I hold a New York license and another state’s license at the same time?

For the law that governs a specific kind of claim, see practice areas.