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Commonly Asked Questions

If you or a family member were severely injured in an accident that wasn’t your fault or was the result of potential negligence, you may be considering contacting a personal injury attorney. Here are some commonly asked questions – and the answers – that may help you decide to consult with us:

I was involved in a car accident, what should I do?

After an accident, you should seek medical treatment for injuries that you or your loved one have suffered. Taking care of yourself and your family is far more important than worrying about your lawsuit right after an accident.

Next, be sure to cooperate with the police, providing them with all pertinent information so they can conduct a thorough investigation and issue an accurate police report.

After getting medical attention and talking to the police, be sure to report the accident to your own insurance company even if the accident was not your fault. Your insurance company will be able to provide you with important information as to the payment of your medical bills and lost wages (if applicable).

Finally, be sure to call us as soon as you can so we can hold the negligent parties responsible and get you the compensation you deserve.

How long will my case take?

What we tell all of our clients at Kammholz Law is that this is not an overnight thing. Your case will take time and effort on our part and your part but we’re going to do it together and be with you every step of the way.

The length of any personal injury case depends on several different factors that we will go over with you and explain why one type of case would take longer than other types of cases. Providing us with all of the information will help give us a better understanding and allow us to provide a realistic timeline to complete your case.

Can I sue the driver who hit me? (serious injury threshold)

If the other driver was at fault and you’ve suffered a Serious Injury under New York law, then you can sue the other driver. Determining whether the other driver was at fault and whether your injuries meet the Serious Injury threshold depends on a number of factors. That’s why it’s important for you to call us right away.

Can I sue for medical negligence?

If you have suffered an injury or lost a loved one due to a doctor, nurse, or other medical professional failing to follow “accepted standards of medical care” (basically what an average doctor or nurse would do when faced with the same circumstances), you may be able to pursue a case for medical malpractice.

These are very complex cases. All you may know is that something bad has happened. You may not know what or why? What you want to know is: “do I have a case?” We will answer your questions quickly, honestly and provide our advice on the proper next steps, if any.

If you have any of these questions, contact us right away.

How much will this cost me?

Like all other lawyers who represent people who have been injured, Kammholz Law works on a contingency fee basis. We don’t get paid unless you get paid.

There’s no cost to find out whether you have a case. There is also no upfront costs to pursue a case, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee.

In New York, the contingency fee for cases other than medical malpractice (i.e. car accidents, slip/trip and fall cases), is one-third (33.3%) of the total settlement. For medical malpractice cases, the contingency fee is set by law and is a sliding scale, which is less than one-third (33.3%). Percentage is calculated on the net amount after expenses and disbursements are deducted.

How long do I have to sue for medical negligence?

It is in your best interest to immediately start the investigation into whether you have a valid medical malpractice/negligence claim.

There are time limits called “statutes of limitations” on how long you have to file a medical malpractice/negligence claim in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.

The statute of limitations for your claim depends on a number of factors, including: who the negligent party is, the type of malpractice/negligence, the age of the injured patient, and whether the patient passed away as a result of the malpractice.

In addition, some hospitals and medical facilities are owned and operated by a City, a County or even the State of New York. In these circumstances, you will be required to serve a “Notice of Claim” before starting your lawsuit. Similarly, hospitals and medical facilities that are owned or funded by the United States have special rules under the Federal Tort Claims Act (FTCA) for medical malpractice claims.

Determining the applicable time frame can be confusing so contact us to determine whether you have a claim and what the applicable statute of limitations is. We are here to help!

How much will I get for my lawsuit?

No case is the same and until we have had time to thoroughly evaluate your case, we won’t know how much you may receive from your lawsuit. We need to look at exactly who is at fault, how bad the injuries are, what the economic losses are, and how much insurance coverage is available. It’s not something where you can just throw a number out. It doesn’t work that way.

Contact us for a free evaluation of your case.

Who will pay my lost wages after my car accident?

New York is a “No-Fault” state, which means that all motor vehicles are required to have a specific type of insurance to pay for the medical bills and a portion of lost wages of its occupants regardless of who is at fault for the accident. You do not have to prove anyone was negligent to receive No-Fault insurance benefits. However, you are required to file a No-Fault application within a certain period of time in order to receive these benefits.

You may also be entitled to certain disability benefits through your employer or some other organization.

Contact us to determine what benefits you may be entitled to.

Do I need a lawyer?

Personal injuries matters are complex. They involve many different factors that you may not know about and the insurance company won’t tell you about. We know what proof we need to get you the compensation you deserve. 

Will I have to go to court?

At Kammholz Law, our approach to any case is always in the best interest of the client and working together to get the best result regardless of the method. If getting the best result for a client is a settlement, then that is what we do. If getting the best resolution requires a trial, then that is what we do. Should a client go to trial, we will ensure they are prepared mentally, physically, and emotionally for it.