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Frequently Asked Questions About Personal Injury

Compassionate Personal Injury Lawyers Serving all of New York City

 

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If you've been injured in an accident in New York City, you probably have questions about your rights, the legal process, and what comes next. At Michael Gunzburg, P.C., we've spent over 39 years helping injury victims across Manhattan, the Bronx, Queens, Brooklyn, and Staten Island get the answers, and the compensation, they deserve.

Below, you'll find straightforward answers to the questions we hear most often from clients. If you don't see your question here, or if you'd like to discuss your specific situation, call us at 212-725-8500 for a free consultation.

General Personal Injury Questions

Do I have a personal injury case?

If someone else's carelessness or wrongdoing caused your injury, you likely have a case. This includes accidents like car crashes, slip and falls, construction site injuries, bicycle accidents, and more.

At Michael Gunzburg, P.C., we'll review the details of what happened, explain whether you have a valid claim, and discuss your legal options. There's no cost for this initial consultation, and no obligation to move forward unless you feel confident in our approach.

What is the statute of limitations for personal injury cases in New York?

In New York, you generally have three years from the date of your injury to file a personal injury lawsuit. However, some cases have shorter deadlines:

  • Medical malpractice: 2.5 years from the date of malpractice or from the end of continuous treatment
  • Claims against New York City or government entities: As little as 90 days to file a notice of claim

Missing these deadlines can mean losing your right to compensation forever. That's why it's so important to speak with an attorney as soon as possible after your accident.

How much is my personal injury case worth?

The value of your case depends on several factors:

  • The severity and permanence of your injuries
  • Your medical expenses (past and future)
  • Lost wages and diminished earning capacity
  • Pain, suffering, and emotional distress
  • The impact on your daily life and relationships
  • The strength of the evidence against the responsible party

Once we fully assess your case, we can give you an honest, realistic estimate of its value. We never make inflated promises, we give you the truth so you can make informed decisions about your future.

How long will my personal injury case take?

Some cases settle in a few months. Others, especially those involving serious injuries or disputes over fault, can take a year or more.

We move your case forward as efficiently as possible, but never at the expense of getting you the full compensation you deserve. Our priority is making sure your settlement or verdict truly covers all your losses, not just resolving the case quickly.

Will my case go to court?

Most personal injury cases in New York City settle before trial. Insurance companies know that going to court is expensive and risky for them.

That said, we prepare every case as if it's going to trial. This approach puts us in a stronger negotiating position and shows insurers we're serious. If a fair settlement isn't possible, we're fully prepared to take your case before a judge and jury, and we have a proven track record of winning in court.

Questions About Working with Our Firm

How do your attorney fees work?

We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win or settle your case, and our fee comes as a percentage of your recovery.

This arrangement makes legal representation accessible to everyone, regardless of financial situation. You never have to worry about hourly bills or out-of-pocket costs while your case is ongoing.

What makes Michael Gunzburg, P.C. different from other personal injury lawyers?

We combine genuine compassion with aggressive advocacy. Here's what sets us apart:

  • 39+ years of proven results: We've recovered millions for clients throughout NYC, including a $20 million medical malpractice award and a $10.1 million premises liability settlement.
  • Trial-ready from day one: We prepare every case for court, even if it settles. This strengthens our negotiating position.
  • Personal attention: You'll work directly with an experienced attorney, not a paralegal or case manager. We return calls within 24 hours and keep you informed every step of the way.
  • Deep resources: We consult with top medical experts, engineers, and other specialists to build the strongest possible case.
  • Honest communication: We never sugarcoat the truth. You'll always know where your case stands and what to expect next.

How will I stay updated on my case?

Communication is one of our top priorities. You'll receive:

  • Regular phone and email updates
  • Responses to your questions within 24 hours
  • Clear explanations of legal procedures in plain language
  • Direct access to your attorney, not just support staff

We want you to feel informed, confident, and supported throughout the entire process.

What should I bring to my first consultation?

If you have them, bring:

  • Photos of the accident scene and your injuries
  • Medical records and bills
  • Police reports or incident reports
  • Witness contact information
  • Insurance information
  • Any correspondence from insurance companies

Don't worry if you don't have all of these. We can help you gather the necessary documentation.

Questions About the Legal Process

What should I do right after an accident in New York City?

Taking the right steps immediately after an accident can strengthen your case:

  1. Get medical attention – Even if injuries seem minor, see a doctor right away. Some injuries don't show symptoms immediately.
  2. Report the accident – File a police report for vehicle accidents, or notify property management for slip and falls.
  3. Document everything – Take photos of the scene, your injuries, and any hazards that caused the accident.
  4. Collect witness information – Get names and phone numbers of anyone who saw what happened.
  5. Don't speak to insurance adjusters – Politely decline to give a statement until you've spoken with an attorney.
  6. Call Michael Gunzburg, P.C. – Early legal guidance makes a significant difference. Call us at 212-725-8500.

Should I speak with the insurance company?

No. Insurance adjusters are trained to minimize payouts. They may ask questions designed to get you to say something that hurts your claim, even if you're just trying to be honest.

Before you speak to any insurance company (even your own), contact us. We'll handle all communication with insurers, protecting your rights and ensuring you don't say anything that could be used against you later.

What if I was partly at fault for the accident?

New York follows a comparative negligence rule, which means you can still recover compensation even if you were partially responsible for the accident.

However, your recovery will be reduced by your percentage of fault. For example, if you're found 20% at fault, your compensation would be reduced by 20%.

We'll carefully assess how fault may affect your case and work to minimize any allocation of blame to you.

Can I still recover damages if the at-fault party is uninsured or underinsured?

Yes. You may be able to recover compensation through:

  • Your own uninsured/underinsured motorist coverage
  • The Motor Vehicle Accident Indemnification Corporation (MVAIC) for hit-and-run cases
  • Third-party liability claims (for example, against a property owner or employer)

We'll explore every available avenue to ensure you get the compensation you need.

Questions About Compensation

What types of compensation can I receive in a personal injury case?

You may be entitled to recover:

Economic damages:

  • Medical bills and future treatment costs
  • Lost wages and reduced earning capacity
  • Property damage
  • Out-of-pocket expenses

Non-economic damages:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent scarring or disfigurement

Punitive damages (rare):

  • In cases of extreme negligence or intentional harm

Our goal is to ensure every loss, financial, physical, and emotional, is recognized and fully compensated.

How is pain and suffering calculated in New York?

Pain and suffering damages are subjective and depend on:

  • The severity and permanence of your injuries
  • The impact on your daily activities and quality of life
  • The level of physical pain you've experienced
  • Any emotional trauma, such as anxiety or depression

New York attorneys often use multiplier methods or per diem calculations to estimate these damages, but ultimately, the amount depends on the unique facts of your case and how persuasively we present them.

Do I have to pay taxes on my personal injury settlement?

Generally, compensation for physical injuries is not taxable under federal law. However, some portions of your settlement may be taxable:

  • Lost wages (considered income)
  • Punitive damages
  • Interest on your settlement

Consult with a tax professional for guidance specific to your situation.

Accident-Specific Questions

What should I do immediately after a car accident in New York City?

  1. Check for injuries and call 911
  2. Exchange information with the other driver (insurance, license, contact info)
  3. Take photos of the vehicles, damage, and accident scene
  4. Get contact information from witnesses
  5. Seek medical attention, even if you feel fine
  6. Notify your insurance company (but don't give a recorded statement)
  7. Contact Michael Gunzburg, P.C. at 212-725-8500

Can I file a claim if I was a pedestrian hit by a car in NYC?

Absolutely. Pedestrians struck by vehicles can pursue compensation for medical bills, lost wages, pain and suffering, and more.

New York's no-fault insurance may cover your initial medical expenses, but if your injuries are serious, you can file a lawsuit against the at-fault driver for full compensation.

What are my rights if I was injured in a bicycle accident?

If a driver's negligence caused your bicycle accident, you can seek compensation for your injuries. This includes medical expenses, lost income, bike repairs, and pain and suffering.

Document the scene, get medical care immediately, and call us before speaking with any insurance company.

What steps should I take after a slip and fall accident?

  • Report the incident to the property owner or manager immediately
  • Take photos of the hazard that caused your fall (wet floor, broken step, ice, etc.)
  • Get witness names and contact information
  • Seek medical attention
  • Keep the shoes and clothing you were wearing
  • Call Michael Gunzburg, P.C. to protect your legal rights

Property owners can be held liable if they failed to maintain safe conditions or warn visitors about known hazards.

Can I sue for injuries from a construction site accident in New York?

Yes. Injured construction workers may have claims beyond workers' compensation, especially if a third party's negligence contributed to the accident.

New York labor laws (Sections 240, 241, and 200) provide strong protections for construction workers. If you were hurt on a construction site, we can help you understand all your legal options.

Medical Malpractice Questions

What constitutes medical malpractice in New York?

Medical malpractice occurs when a healthcare provider deviates from accepted standards of care, resulting in patient harm. Common examples include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Medication mistakes
  • Birth injuries
  • Anesthesia errors

How long do I have to file a medical malpractice lawsuit in New York?

Generally, you have 2.5 years from the date of malpractice or from the end of continuous treatment with the negligent provider.

There are exceptions, so it's important to consult with an attorney as soon as you suspect malpractice.

What compensation can I receive in a medical malpractice case?

You may recover:

  • Past and future medical expenses
  • Lost income and earning capacity
  • Pain and suffering
  • Emotional distress
  • Costs of ongoing care or rehabilitation

An experienced attorney can help you understand the full value of your claim.

Questions About Insurance and Settlements

Should I accept the insurance company's settlement offer?

Not without consulting an attorney first. Insurance companies routinely offer quick, low settlements hoping you'll accept before you understand the full extent of your injuries.

We'll review any offer, compare it to the true value of your case, and negotiate aggressively on your behalf. Never accept a settlement without legal advice.

What if the at-fault party is uninsured or underinsured?

You may still recover through:

  • Your own uninsured/underinsured motorist coverage
  • The Motor Vehicle Accident Indemnification Corporation (MVAIC)
  • Other liable parties (employers, property owners, product manufacturers)

We'll explore every option to get you the compensation you need.

Why Choose Michael Gunzburg, P.C.?

For over 39 years, Michael Gunzburg, P.C. has been a trusted advocate for injury victims throughout New York City. We've recovered millions in compensation for clients across Manhattan, the Bronx, Queens, Brooklyn, and Staten Island.

When you work with us, you get:

✔ Proven results: $20 million medical malpractice award, $10.1 million premises liability settlement, and many more multimillion-dollar verdicts and settlements
✔ Personal attention: Direct access to an experienced attorney who genuinely cares about your recovery
✔ Honest communication: Clear, straightforward answers, never inflated promises
✔ No upfront costs: We only get paid if you win
✔ Trial-ready representation: We prepare every case for court, which strengthens our negotiating position

Ready to Get Started?

If you've been injured in an accident in New York City, don't wait. The sooner you contact us, the sooner we can start protecting your rights and building your case.

Call Michael Gunzburg, P.C. today at 212-725-8500 for a free consultation.

We serve clients throughout Manhattan, the Bronx, Queens, Brooklyn, Staten Island, and surrounding areas. Let us fight for the compensation you deserve while you focus on healing.