Common Questions
Straight answers, in plain English.
The questions clients ask most, grouped by the kind of matter. For how a rule applies to you, call the office.
Personal Injury
About this practiceNothing. The first conversation is free and confidential, and it is with the attorney — not an intake service.
It depends on the injuries, the insurance available, and whether the case settles or is tried. Many cases resolve within one to three years; cases that go to trial can take longer. We will not push you to settle before the full extent of your injuries is known.
You are not obligated to, and anything you say can be used to limit your claim. Report the accident to your own insurer as your policy requires, and speak with a lawyer before giving a statement to anyone else’s.
Claims against the City of New York and other public entities generally require a notice of claim within 90 days. That deadline is short and strictly applied, so call as soon as possible.
Medical Malpractice
About this practiceOften you can’t know on your own. Complications happen even with good care. We review the records with physicians and give you a candid assessment — including when the honest answer is that there is no case.
No. If you would like us to evaluate the case, we can obtain the records with your authorization.
Possibly, and continued treatment for the same condition can affect when the deadline runs. It is a question to discuss early, because the rules are technical.
New York does not cap pain-and-suffering damages in malpractice cases. Every case is different, and prior results do not guarantee a similar outcome.
Construction Accidents
About this practiceUsually not; workers’ compensation is generally the remedy against an employer. But the property owner, general contractor, and other contractors on the site can be held responsible, and those claims are often where the significant recovery lies.
Under Labor Law § 240(1), the worker’s own negligence is not a defense, although the law is different where the worker’s conduct was the sole cause of the accident. Under § 241(6), your share of fault may reduce — but does not eliminate — the recovery.
Yes. New York’s Labor Law protects the people who do the work, and immigration status does not prevent an injured worker from pursuing a claim. Speaking with us is confidential.
Get medical care and report the accident to your employer. If you can, write down the names of co-workers who saw what happened and photograph the area and equipment involved. Then call us, before evidence is removed or the site changes.
Wrongful Death
About this practiceYes. An administrator can be appointed by the Surrogate’s Court. We guide the family through that step as part of the case.
The family members entitled to it under New York law, as approved by the court. We explain how that works in your family’s circumstances.
Deaths following medical care may involve malpractice. Those cases require review of the records by physicians; we arrange that review and give the family a candid assessment.
Birth Injuries
About this practiceNot necessarily. The infancy extension may still apply, though in malpractice cases it is limited to ten years. Call to discuss the dates.
Parents usually can’t tell from what they were told at the hospital. We obtain the records and have them reviewed by physicians before giving you an honest assessment.
You work directly with the attorney handling the case. We gather the records ourselves and ask for your time only when we need it.
Nursing Home Abuse & Neglect
About this practiceYes. The claim can be pursued by the estate, and if the neglect caused the death there may also be a wrongful death claim.
Residents and their authorized representatives have the right to obtain the resident’s records. If the facility delays, we can request them for you.
Safety comes first. If you believe the resident is in danger, act on that. Moving a resident does not affect the claim.
Fire Loss
About this practicePossibly. Official reports are a starting point, not the final word. Independent investigation often identifies the cause and the responsible party.
Tenants may be able to recover for personal injuries, and in many cases for lost property and the costs of displacement, from the parties responsible for the fire.
Claims against the Housing Authority generally require a notice of claim within 90 days. Call right away so that deadline is not missed.
Real Estate
About this practiceIn New York, the broker brings the parties together, but the contract of sale is prepared and negotiated by attorneys. Each side should have its own.
The contract controls. Mortgage contingency deadlines, “time of the essence” notices, and inspection terms determine when a buyer can walk away and recover the deposit. Understanding them before signing is the best protection.
Co-owners can often reach a buyout or sale by agreement. When they can’t, New York law allows a co-owner to seek a court-ordered partition or sale. We can advise on both paths.
Business Law
About this practiceYes. New York requires LLC members to adopt a written operating agreement. It is also the single most important document when members disagree.
Generally six years in New York, but the contract itself may set a shorter period, and related claims may have different deadlines. Check sooner rather than later.
Options range from negotiated buyouts to court proceedings for dissolution. The right path depends on your agreements and the facts; we can review them with you.
Estate Planning & Elder Law
About this practiceNew York’s intestacy statute determines who inherits, and a family member can petition the Surrogate’s Court to be appointed administrator.
Not everyone does. Whether a trust makes sense depends on your family, your assets, and your goals. We will tell you candidly whether it would help.
Objections to a will are filed in the Surrogate’s Court during the probate proceeding, and timing matters. Call to discuss the circumstances.
Attorney Advertising. These answers are general information about New York law, not legal advice about your situation. Deadlines and rules can change and depend on the facts. See the full Disclaimer & Disclosure Statement.
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