Frequently Asked Questions (and Answers)

I’ve Been Involved in an Accident and I am Seriously Injured,
What Should I Do?

Start by Getting Well Again! From the moment you’re injured, you should be focused upon getting better. That starts with quality medical care. Even if you have no health or medical insurance, your access to the best surgeons, physicians, hospitals and rehab centers is greater than you think. If you've been injured in a motor vehicle accident [as a pedestrian, passenger or operator], No-fault insurance applies. That will pay for almost every medical professional and facility in the State. If you have been injured on the job, that triggers Worker's Compensation insurance and - again - it will pay for treatment by the very best and brightest. Med Pay coverage contained in homeowner's insurance, and in policies covering almost all commercial premises, provides medical coverage to anyone who is injured on the premises. So, even if you have no medical insurance at all, these systems and many others are often available to provide you with access to the very best medical treatment available. That is how you get better!

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How do I Choose the Right Lawyer?

Personal injury practice is a sophisticated specialty which demands extensive knowledge of medicine, trauma, insurance coverages, liability [tort] law, social services, civil litigation, evidence and trial practice. Those who specialize in personal injuries don't do wills, or real estate transactions, or family or corporate law. CHOOSE A LAWYER WHO IS A PERSONAL INJURY SPECIALIST. Select one with extensive experience in representing persons with serious injuries, who has proven litigation and trial experience, and proven results! And choose one who you think you can live with for the 3 years that these cases often take. Yes, some cases can settle early. But in my 37 years of experience I have learned that you get the best recovery for an injured client only right at the time of trial, when the insurance company can no longer delay and can no longer hide. Only a proven trial lawyer can take you there. So take some time in selecting your attorney. I don't mean weeks, because there are many important things to be done. But if you take the steps mentioned above, you will have the time to make a disciplined choice of a personal injury specialist who will provide you with the zealous and effective representation that you need and deserve!

How Do I pay for My Personal Injury Lawyer?

Every attorney who specializes on personal injury cases works on a 1/3 contingent fee basis. Some advertise this as a no fee promise, or some other similar words. But the truth is that if an attorney accepts your case on a contingent fee basis, they are not entitled to a fee unless they recover money for you. At LeBlang Law that is the only way we work. We will pay all of the costs and expenses to prosecute your case to its conclusion and will charge you no fee unless we are successful in resolving the claim on terms that you find acceptable. Upon the successful resolution of the case, the costs and expenses that we have laid out of our pocket will then be fully detailed and subtracted from the total of the amount recovered. Then, the remainder will be divided 1/3 to us as your attorney, and 2/3 to you as the client. While some attorneys retain the right to charge you the costs they have spent even if they are unsuccessful - at LeBlang Law we do not. Should we fail, we will charge you nothing. No fee, no costs!

In instances where a child is injured and is the client, or where we represent the estate or administration in a wrongful death matter, we work off the same contingent fee arrangement but subject to the Court's final approval of the attorney's fee.

Does my Current Auto Insurance Properly Protect me and my Family?

Many of our cases involve serious injuries caused by automobile accidents. In those cases, one of the most significant issues is always how much insurance coverage the other car has to compensate our injured client(s). It is an issue that often leads to heartbreak because so many people choose to drive with only minimal insurance or no insurance at all. But you can protect your family and your loved ones with some small and inexpensive adjustments to your own insurance coverage.

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So Many Time Limits in Making a Claim, Which Ones Must I Be Most Concerned With?

A simple answer is to focus upon the Statutes of Limitation, or the rules that set the period within which you must bring your lawsuit. For general negligence cases in New York that period is 3 years; for medical negligence - 2½ years; and for defamation, violation of privacy claims and intentional wrongs like assault, battery, false arrest and the like - 1 year. But there is no simple answer! For example, all of the time limits recited above are different if your claim is against a City, an incorporated Village or Town, a County, the State, a school, fire or library district, or any of the 100's of public benefit corporations that you have never even heard of. For those government entities the statute of limitations can be as short as one year [more often 1 year and 90 days], and there are rigid notice of claim requirements demanding that a formal written claim be filed in a particular office within 60 or 90 days of the happening of the event.

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