FAQs

1. How do I know if I have a case?
2. How much is my case worth?
3. How much do you charge?
4. What if I’m the injured party and I don’t want to sue?
5. What should I do if I’m injured in a car crash?
6. Do I have to speak with my insurance company?
7. Why do I need a lawyer if I’m injured?
8. Can I settle my case on my own without an attorney?
9. Are there time limits involved in making a claim for personal injuries?
10. What is New York’s no-fault insurance?
11. What is the "serious injury requirement" of the no-fault law?
12. What is "bodily injury insurance" coverage?
13. What is "underinsured motorist" coverage?

1. How do I know if I have a case?

Each situation is different and depends on the specific facts and circumstances. But in general, if you can show that someone else was negligent in causing your injuries, then you may have a claim against that party for the amount of damages you have sustained – which can include lost wages, replacing property (like a car) and future medical costs.

If you think you have a claim, just fill out the About Your Case? form.

top of page

2. How much is my case worth?

There is no formula or process for an attorney to accurately say how much you’re entitled to receive – especially where damages are awarded for things like "pain and suffering" and "loss of enjoyment of life." However, the attorneys at O’Brien Boyd usually have a pretty good idea of a reasonable settlement range after (1) your medical condition is stable and (2) a review of your medical records.

The attorneys at O’Brien Boyd look at such factors as the extent of your injuries, how permanent they are, the effect they have had on your life, and the amount and duration of your medical treatment. Ultimately, for cases that go to court, the value is determined by the jury’s verdict.

top of page

3. How much do you charge?

O’Brien Boyd charges a 33% contingency fee of whatever sum they are able to recover for the injured party. Under a contingent fee arrangement, an attorney is paid only if the case is won or settled. If O’Brien Boyd doesn’t recover any damages, then you do not pay any fee. Contingency fee agreements are designed to give people with serious injuries an affordable way to seek full and fair compensation for their injuries – even for people who can’t afford to pay an attorney’s hourly rate.

top of page

4. What if I’m the injured party and I don’t want to sue?

Most people don’t want to sue if they don’t have to. But if you’ve been injured, then you may be dealing with lost wages, medical bills, even damage to your car that needs to be fixed.

The good news is, if you are injured in an auto accident due to someone else’s negligence, you may be able to make a claim against that other person’s auto insurance policy for bodily injury and property damage liability, without any court action. In many cases, this insurance is paid to injured people without ever filing a lawsuit. And if you do have to file a lawsuit, rest assured that most cases don’t even end up in court.

top of page

5. What should I do if I’m injured in a car crash?

Please read the checklist of things you should do if you’ve been injured in a car crash.

top of page

6. Do I have to speak with my insurance company?

You must cooperate fully with your own insurance company as part of your insurance contract. However, you should have NO contact with the company for the other party. Insurance adjusters are trained to record statements that will protect the insurance company, while minimizing your injuries and ultimately damaging your ability to make a claim.

top of page

7. Why do I need a lawyer if I’m injured?

If you are seriously injured, a good attorney will work to obtain full and fair compensation for your injuries. Insurance companies know they can settle cases with people who don’t use an attorney for less than 10% of the case’s full value. They can also drag a case well into the future because they know that the longer they take, the better their chances of defending their case.

In a typical two-car accident, there are usually at least three different types of insurance coverage to compensate people for their losses. Sometimes, several policies can be utilized to compensate people for their past and future economic loss, and pain and suffering. The defendant’s insurance company is not obligated to reveal all the available insurance coverage to you. A well-trained injury attorney from O’Brien Boyd will work hard to find out what coverage is available and will fight to get you the maximum available to you considering the circumstances of the injury.

top of page

8. Can I settle my case on my own without an attorney?

If people could successfully settle their claims for full and fair value, people wouldn’t need attorneys. Since there is no formula for determining the value of a given claim, the experience of a qualified attorney is essential in getting full and fair compensation from the insurance company.

In fact, recent internal memoranda from major insurance companies have reportedly admitted that claims can be settled for just 10 cents on the dollar when the injured person is not represented by an attorney. It is the job of every insurance adjuster to protect the assets of their company. It is the job of a personal injury attorney to get justice for those who have been injured.

top of page

9. Are there time limits involved in making a claim for personal injuries?

Yes. In most negligence injury cases, the statute of limitations is 3 years from the date of injury. However, in many cases, the statute of limitations is far shorter.

For example, certain documents must be filed within 90 days of an accident if a municipal agency is involved. If a Notice of Claim is not prepared and served upon certain defendants, or their representatives, a claim can be barred from any further legal action. Those time limits are especially true in cases where a town, city, county or state worker has been negligent, or when a public teacher or public transportation driver is involved in an injury matter.

Statutes of limitations differ from case to case, and they are different for children or incompetent people. Consult an attorney if you do not know the appropriate statute of limitations in your potential case. Remember, if a lawsuit is not commenced before the statute of limitations is over, you will never be able to make a claim for your injuries in the future.

top of page

10. What is New York’s no-fault insurance?

No-Fault Insurance, also called Personal Injury Protection (PIP), will pay for actual economic losses (meaning medical expenses, lost earnings, and other reasonable and necessary expenses), up to $50,000 per person, to anyone injured in your car and to pedestrians injured by your car in an accident.

Under the no-fault law, payment must be made promptly – without regard to who may have been at fault or whether there was any negligence.

The purpose of no-fault insurance is to restore individuals hurt in auto accidents to health and productivity as swiftly as possible.

top of page

11. What is the "serious injury requirement" of the no-fault law?

Under New York’s no-fault law, you can bring a lawsuit due to auto accidents only for a serious injury and/or economic losses exceeding basic economic loss as defined by the New York Insurance Law.

To recover money damages for "non-economic losses" (such as conscious pain and suffering, loss of consortium, loss of ability to enjoy life, and emotional distress), an injured person must sustain a "serious injury."

The New York Insurance Law defines a serious injury as a personal injury that results in one or more of the following:

• Death
  
• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all the material acts that constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

top of page

12. What is "bodily injury insurance" coverage?

Bodily injury coverage protects you from a lawsuit if you seriously injure someone with your vehicle. This protects you (and anyone driving your car with your permission) if another person claims that you caused their serious injuries, and makes a claim or lawsuit against you. If your car is involved in an accident that results in a serious injury or death to another person, your bodily injury insurance coverage can protect you against a lawsuit. You cannot collect bodily injury insurance if the accident was your fault.

In addition, your insurance company must provide you with a legal defense against such claims, without reducing your policy’s liability limits.

top of page

13. What is "underinsured motorist" coverage?

With Supplementary Uninsured/Underinsured Motorists (SUM) coverage, you may be able to collect money damages from your own auto insurance policy if you are injured by an uninsured or underinsured driver.

One basic coverage in your auto insurance policy protects the people in your household if they suffer a bodily injury due to the negligent actions of an uninsured or underinsured motorist. The coverage is commonly called "un-insurance" or "under-insurance." These types of coverage also protect injured pedestrians in your household and people injured by hit-and-run drivers.

Many people expand this basic protection. For a small additional premium, you can purchase Supplementary Underinsured Motorists coverage of up to $250,000 per person per accident and $500,000 per accident. The amount of SUM coverage may not exceed the bodily injury liability limits of your policy.

If someone else’s negligent act leads to a serious injury in your family, you can guarantee that you’ll be protected. If the other vehicle is insured but with bodily injury liability limits lower than the limits on your policy, SUM coverage can be activated – if you’ve purchased it.

You may have a claim for SUM benefits under your own policy. If you make a SUM claim, your own carrier has the right to use all defenses that the other driver may have had against you. A SUM claim essentially creates an adversarial relationship between you and your own insurance carrier. Thus, it may be wise to retain an experienced attorney when asserting a SUM claim. As can be expected, your own carrier will not be looking out for your interests (even though you are its own insured). Instead, your carrier will be looking for ways to pay out as little money as possible. In the event you do not have SUM coverage, you may have no other practical means of obtaining compensation for your injuries. This is why O’Brien Boyd strongly recommends the purchase of inexpensive SUM coverage to provide protection against the majority of drivers who fail to properly insure their vehicles. You should have SUM policy limits of at least $100,000 or more. Consult your insurance agent for rates.

top of page