Frequently Asked Legal Questions

Every car accident claim is unique. According to recent data the average economic cost of a car accident can range from several thousands to over a million dollars for fatal accidents. These costs do not even begin to account for non-economic losses such as pain and suffering. In general, the severity of your injuries will be the most important factor in determining the value of your claim.

Seek Immediate Medical Help

It is critical to seek medical attention as soon as possible after a car accident. Many injuries that appear minor after an accident can worsen over time if not treated properly. Certain injuries can appear weeks or months later. If you wait too long to see a doctor, an insurance company may claim that you were injured in another way other than the car accident.

Notify the Police and Your Insurance Company of the Accident

It is absolutely essential to notify the police and your insurance company of the accident. Because New York is a no-fault insurance state, your insurance company is required to pay for your losses regardless of who caused the accident. In some cases, you may also be able to seek compensation from the at-fault driver's insurer. If the crash resulted in permanent injuries, scarring and disfigurement, or the death of a loved one, this may be needed.

Call Volfman Law Group, PC

Based on the information you provide, insurance companies may use a variety of strategies to deny or undervalue your claim. Contact our highly experienced attorneys before speaking with the insurance company. Your attorney will represent you in negotiations with the insurance company to ensure you receive a fair settlement for your losses.

If the insurance companies refuse to offer a reasonable settlement, you may need to file a claim in order to receive fair compensation. The statute of limitations in personal injury claims in New York is three years. To file a lawsuit, you have three years from the date of the accident. That doesn't mean you should wait until then to file a lawsuit. The majority of car accident claims are settled out of court. The most compelling evidence may vanish in the months following the accident.

Yes, as long as someone else bears at least 1% of the blame. New York follows a pure comparative negligence rule. Each party is given a percentage of the blame. If you are partially liable, your compensation as a victim will be reduced by your percentage of fault. Shared fault claims are frequently used by insurance companies to reduce your payout. If you are being blamed, we strongly advise you to consult with our experienced lawyers before accepting any settlement.

All drivers have a legal obligation to drive cautiously and follow traffic laws. Someone who is careless and causes an accident may be held liable for injuries and property damage.

It is not always easy to establish liability after a car accident. There could be multiple parties involved. The responsible party may attempt to shift the blame to someone else. Our lawyers will conduct our own investigation to prove someone was negligent.

Get as far away from the traffic as possible, check yourself for injuries, and call the police as soon as possible. Even if you feel fine, seek medical attention because you may have internal injuries.

Make a note of the at-fault driver's name, license plate number, make and model of vehicle, and contact information. Take pictures of your injuries, the vehicle that caused the accident, damaged or broken personal belongings, and landmarks near the accident scene. Make a note of or record everything you remember about the accident. Speak with anyone who may have witnessed the accident and obtain their contact information. Notify your insurance company that you have been in an accident.

Finally, as soon as possible, contact our experienced personal injury lawyers at Volfman Law Group, PC.

You may seek compensation for the following economic and non-economic losses as a result of an accident under New York law.

• Medical treatment costs
• Rehabilitation costs
• Long-term care costs (in case you are left with a physical or cognitive disability as a result of the accident)
• Wages lost
• Earning capacity loss
• Suffering and pain
• Reduced quality of life

Yes, they are. Pedestrians injured in a motor vehicle accident are entitled to up to $50,000 in compensation under the no-fault law. While it may be adequate for people who sustain minor injuries, it is insufficient for people who sustain serious, debilitating injuries.

This is why it's critical to hire a New York pedestrian accident lawyer and sue the at-fault driver in order to recover enough compensation to cover your short- and long-term medical expenses, as well as other financial losses.

There is, indeed. You must file a tort claim against the at-fault driver within three years of the date of the accident. Otherwise, you will be barred from suing the driver in question.

The aforementioned law has only two exceptions:

1) If you were under the age of 18 or incompetent at the time of the accident, the deadline for filing a claim will begin only when you reach the age of 18 or are declared sane by a qualified medical professional.

2) If the driver in question leaves New York before you can file a claim, the time spent away from the city will not be counted as part of the deadline. Similarly, if the driver in question relocates to a different location in New York and uses a false name, the deadline will not begin until they are discovered and the claim is filed.

You should not do so. Remember that the at-fault party's insurance company is not obligated to pay you what you are legally entitled to. They will use every trick in the book and then some to deny or undervalue your claim. If you inadvertently say something that can be interpreted as an admission of fault, they will use it against you and try to reduce the value of your claim to the greatest extent possible. So, leave them to your lawyer.

Yes, you absolutely can. In New York, the doctrine of pure comparative negligence applies, which means that you can seek compensation for your injuries even if you were partially to blame for the accident. Your compensation, however, will be reduced in proportion to how much you contributed to the accident.

No. The insurance company will voluntarily make a settlement offer only if they believe they will have to pay you a significant amount of money if the case goes to trial.

What appears to be a reasonable amount of compensation at the time may not be enough to cover your medical expenses and other losses. So, before accepting any offer or signing any documents, consult with your personal injury attorney. Your attorney is the best person to determine the value of your claim and whether or not to accept a settlement offer.

The property owner and general contractor bear primary responsibility under New York Labor Laws. Section 200 requires these parties to ensure that you have the necessary tools for the job. It is also their responsibility to ensure that the job site and equipment are reasonably safe.

It all depends. After an accident, all construction workers are entitled to workers' compensation benefits. When you file a workers' compensation claim, you typically waive your right to sue your employer for personal injury. However, you may still be able to sue someone else if you were injured as a result of unsafe working conditions or dangerous equipment.

It all depends on how you want to seek compensation.

Workers' compensation

You must notify your employer within 30 days of the accident. Then you'll have a set amount of time to file your claim for benefits.

Personal Injury Lawsuit

In New York, the statute of limitations for bodily injury claims is three years.

If you wait too long to assert your legal rights, you will forfeit your right to the money you deserve.

The majority of employees who are injured on the job have the right to seek workers' compensation benefits. Workers' compensation benefits in New York are limited. They pay for your medical expenses as well as roughly two-thirds of your average weekly wage prior to the accident.

Because benefits are subject to restrictions, they are limited. For example, you may be required to see a doctor chosen by your employer. A weekly cap limits the amount of wage replacement benefits you can receive.

Yes. Receiving workers' compensation benefits does not preclude you from filing a third-party claim against a negligent party.

Having an experienced lawyer on your side is always a good idea. Construction and workplace accident victims frequently believe they will be able to get by solely on workers' compensation. Some are fortunate enough to succeed.

Workers' compensation may not be sufficient in serious injury cases. Other workers struggle to receive adequate benefits. The workers' compensation board may contest your claim or attempt to reduce the amount owed. In other words, you might need the money a personal injury lawsuit can provide.

A lawyer can guide you through all of these complexities and fight for your rights. We fight back when insurance companies try to blame you or downplay the severity of your injuries. We ensure that your case is built on solid evidence and respected expert opinions that are ready for trial.

Injured workers in New York are protected under workers' compensation legislation. Workers' compensation insurance, which protects employees in the event they are wounded at work, must be purchased by employers. The workers' compensation policy guarantees that an injured worker's bills and charges will be covered so they can receive the necessary medical care following a working accident. Additionally, if their injuries prevent them from working until they are fully recovered, injured workers can support their families as well as themselves.

If you were injured on the job in an unintentional accident, you are almost certainly entitled to workers' compensation. In most cases, workers' compensation will cover any type of injury you sustain at work or as a direct result of doing your job.

No. What matters for workers' compensation is whether or not your injury was caused on the job. So, if you're running an errand for your boss or going on a business trip, you're covered by workers' compensation. To learn more, contact one of our skilled workers' compensation attorneys today.

There are filing deadlines for all personal injury claims, including slip and fall accident claims. Whether you intend to seek compensation from the government or a private entity (such as a corporation, a homeowner, or a landlord), determines the actual filing deadline that applies to your case. In either scenario, your claim could be rejected if it is not submitted on time.

A slip and fall accident that causes injury and is caused by the negligence of a property owner may entitle you to monetary compensation through a lawsuit. While not required, an accident report may help establish the facts of the accident and may be useful in a legal action. The process of filling out an accident report varies depending on whether the accident occurred at a business, a private residence, or on government property.

The NYC Department of Transportation was previously solely responsible for the upkeep of New York City's sidewalks. The law has changed significantly since legislation was passed in 2003. Non-residential property owners who abut sidewalks are now primarily responsible for sidewalk maintenance.

If you slipped and fell on a sidewalk adjacent to the property, you may have a claim for compensation against the property owner. A claim against the City of New York is still possible in limited circumstances, but such claims face significant obstacles. To prevail, you must demonstrate negligence, regardless of the individual party you wish to sue.

Falls are frequently caused by insufficient lighting. It has the ability to conceal flaws, such as uneven concrete, broken pavement, and unmarked curbs. Poor lighting can create a dangerous situation even in the absence of other hazards.

If you fell because of broken or missing lights, the property owner may be held liable for your injuries if it can be demonstrated that he or she created, had actual knowledge of, or should have reasonably known about the poor lighting. Other parties may also share responsibility for maintaining safe premises, depending on the type of property.

Storeowners are required to take reasonable precautions to ensure a safe shopping environment. One way a store owner and employees can reduce the likelihood of a slip and fall accident is to post wet floor signs where appropriate. Failure to do so may be evidence that reasonable care was not exercised. Finally, the victim must demonstrate that the store was aware of, or should have been aware of, the slippery condition that caused the accident but failed to take appropriate action.

Slip and fall accidents at a private residence may be the legal responsibility of the homeowner if he or she caused or failed to prevent the hazardous condition that caused the accident. The landlord and/or the tenant may be held liable for falls that occur in a rented home. Personal injury claims are typically covered by homeowner's insurance or renter's insurance in the case of a rental property.

Depending on the circumstances, a landlord may be held liable for injuries sustained on his property.

To be held liable, your landlord must have control over the area of the property where your injury occurred, and your injury must have been caused by the landlord's negligence.

A lien is a legal claim on real estate that serves as security for the payment of a debt or other obligation. If the debt is not repaid as agreed, the lender or lien holder may foreclose on the property and force a public sale to satisfy the debt.

A home inspection is when a paid professional inspector inspects the home, often a contractor or an engineer, looking for defects or other problems that may plague the owner later on. They are usually paid by the buyer or represent the buyer. The inspection is usually performed after the buyer and seller have signed a purchase contract.

As much as you want to believe that the home you've found is perfect, a clear title report ensures that there are no liens placed against the previous owners or any documents that will limit your use of the property.

A preliminary title report allows you to review any impediments that would prevent clear title from passing to you.

An abstract of title is a summary of a piece of real estate's legal history. It is used by title insurance companies as the basis for issuing title insurance and by title examiners as the basis for their ownership conclusions. An abstractor prepares the abstract by reviewing all of the records on file with the county clerk's office or a similar government land title office that pertain to that specific piece of property.

A brief summary of each transaction is created by the abstractor and is organized chronologically. It includes information about the parties involved, the instruments involved (such as deeds and mortgages), the grantors and grantees, the dates the instruments were signed and filed, and, when necessary, a summary of their contents. The purpose of the abstract is to appropriately summarize this series of deeds and other papers, which is frequently referred to as the property's chain of title.

Deeds are registered and maintained on file with the County Clerk's Office of the county in which the property is located. The deeds, mortgages, various liens, and other real estate records that are kept there are open to public inspection. For a modest cost, copies can also be made.

A closing cost is any fee for services, taxes, or additional interest associated with buying a home. They consist of escrow or closing-day fees, title insurance, upfront loan points, document fees, prepaid interest, and property taxes. These fees must be paid at the time the home is closed unless they are rolled into the loan.

Yes. You can make changes to your will, revoke it, write a codicil, which is an amendment to a will, or completely rewrite it as long as you are still alive and competent.

Yes. You have complete freedom to dispose of your property as you see fit.

Probating a will entails bringing a court proceeding to have a court recognize a will as valid. This is required to settle the financial affairs of the person who wrote the will. Courts monitor the probate process to ensure that it is fair. Courts also grant the executors of the will authority to transfer the decedent's real estate and other assets.

Probate is the process by which a Will is shown to be valid in the Surrogate's Court in the state of New York. The Surrogate's Court must decide whether the decedent's Last Will and Testament should be accepted. During the probate process, it is necessary to acquire jurisdiction over all interested parties, who are then given the opportunity to challenge the Will before it is accepted for probate by the Court. An individual will be named as executor in wills. When a will is probated, the court appoints an executor to carry out the terms of the will.

Yes. Wills can be challenged. Wills must be submitted to a court as part of a probate proceeding. Persons with a familial interest are notified of the probate proceeding and have the right to appear in court and contest a will. To successfully challenge a will, you must have specific grounds. Being dissatisfied with the terms of the will is not one of them. To successfully challenge a will, you must demonstrate that the person writing the will lacked testamentary capacity, was subject to fraud, duress, or undue influence, or that the will was not executed in accordance with testamentary formalities.

When a beneficiary dies before the testator (the person who made the will), the devise to that beneficiary is null and void. A beneficiary must outlive the testator in order to inherit. There is, however, an exception to this rule. If the testator's children or siblings are bequeathed something in a will, and that beneficiary dies before the testator, the descendants of the deceased beneficiary inherit whatever the deceased beneficiary was entitled to inherit under the terms of the will. It can be difficult to determine who inherits and how they inherit. When dealing with these issues, you should always consult with an attorney.

If a person believes there is a problem with the Will or the circumstances surrounding its drafting, he or she may challenge the Will. This is accomplished by appearing in court on the return date of the Will's probating and informing the court that you intend to challenge the Will. In addition, appropriate legal documents stating your objections to the Will's probate must be drafted.

Individuals who die without a will, have no children, and all of their brothers and sisters have died before them may have nieces and nephews as next of kin. A kinship hearing is required to establish the relationship between the decedent's nieces and nephews and/or aunts and uncles. Cases of this nature are typically handled by the Office of the Public Administrator in the state of New York. As part of the administration procedure, the Public Administrator's counsel requests that the Surrogate's Court determine who the decedent's rightful heirs are.

Some people may feel more at ease filing their own taxes or hiring a Certified Public Accountant (CPA) to do so for them, especially if their tax situation is simple. However, when it comes to our country's constantly changing and exceedingly complex tax laws, the best defense is often a well-prepared lawyer.

Doing nothing is not an option in this situation. The best solution is to contact the tax experts at Volfman Law Group, PC for a free consultation and expert advice on the next steps in clearing your name and paying any back taxes.

Occasionally, we fall behind. Worse, we occasionally fall behind on filing our taxes. The first step, of course, is to file any outstanding tax returns. It may seem counterintuitive, but the IRS sometimes considers failure to file tax returns to be a more serious offense than simply failing to pay. Of course, the best course of action is to file all tax returns and pay on time. Those who are unable to pay their taxes on time, however, have some options.

It may appear that responding calmly to the IRS when contacted about late taxes or other tributary concerns is all that is required. However, because US tax laws are complex and constantly changing, only the most experienced legal counsel will suffice. Our tax attorneys have successfully negotiated with the IRS on behalf of numerous clients, resulting in positive outcomes, allowing them to avoid dealing directly with the IRS and all of the stress (and potential risk) that entails.

Yes, the IRS can use a bank account levy to recover past-due taxes. This means that the IRS can take money directly from your bank account. The IRS can also garnish your wages or savings held by labor credit unions, trust companies, and credit unions. When it comes to the IRS, this is, of course, one of the worst-case scenarios. Those who wait or try to ignore their IRS problems are increasingly likely to find themselves in similar predicaments. Fortunately, our experts can assist you in resolving your IRS issues and avoiding similar situations in the future.

If you have bad credit and are drowning in debt, bankruptcy may be an option for you. Bankruptcy can also help those who owe the IRS back taxes. An experienced lawyer can explain the law to you. Certain restrictions apply, and this option is only available to those who meet certain criteria. Among the criteria to consider are how long you've owed money to the IRS, whether or not you've paid previous back taxes, and whether or not you've previously filed for bankruptcy. Our experts will gladly explain the intricacies of using bankruptcy to resolve IRS issues.

Spouses filing jointly may be held liable for the failure of their spouse to report or pay taxes. However, Innocent Spouse Relief may be available in some cases for those who have been wrongfully held responsible for their spouse's tax problems.

While you are under no obligation to hire an attorney in any case, do you really want to proceed with a divorce without the assistance of an experienced attorney?

Although you may dislike the idea of hiring and paying for an attorney, it may be the best decision you ever make. An experienced attorney will protect your rights and ensure that you are not exploited by your spouse and/or her/his attorney.

While New York became the country's last state to enact a no-fault divorce law in October 2010, it still has the various grounds for divorce that can be alleged in a divorce action that will assign marital fault.

The grounds for divorce determine how long you must be separated from your spouse before filing for divorce. You must be separated from your spouse for at least one year before filing for a "no-fault" divorce. If you are seeking a fault-based divorce, the length of separation will be determined by the grounds.

Following the divorce, either party may resume using his or her pre-marriage name.

It all depends. Because divorce is case specific, it is possible that the parties could reach a global resolution of all issues in the divorce, sign all necessary paperwork, and obtain a signed divorce Judgment without either party ever entering the courthouse. Whether this can happen in your case depends on how well you and your spouse can work together and whether you both have similar ideas about how things should be resolved.