Yes. I am licensed to practice law anywhere in New York State and have represented people throughout the state. I am able to keep travel expenses to a minimum because it is possible to attend most hearings and depositions via zoom or other electronic platforms. Similarly, whenever possible, I retain expert witnesses who live close to the legal venue in order to keep costs to a minimum.  

Scheduling in law can be frustrating. Important events like trials often need to be planned months ahead because it's hard to find dates that work for everyone involved. This includes judges, lawyers, witnesses, and court staff. The saying 'Hurry up and wait' describes this well. Delays are common and usually out of a lawyer's control, which can be very annoying.

A Personal Injury (PI) is any physical or mental injury to a person as a result of someone’s negligence or harmful act. Many insurance companies refer to Personal Injury as Bodily Injury

If you have been injured as a result of the negligence of another, whether it be a car, motorcycle, trucking accident, or bicycle accident, or any other type of accident, you are well advised to seek the assistance of a personal injury attorney. An experienced attorney will provide free, no risk case consultations to injured persons and their families. They will help you determine if you are able to recover the compensation you deserve for your injuries (medical bills, lost wages, car repair, doctors bills, etc) to help you get back on your feet to where you were prior to the accident.

Parties who’ve been injured during an accident have the right to financial compensation. While every case is different, a variety of factors can award assistance to those in need. It’s important to talk to your provider about compensation beforehand. In order to potentially have a personal injury case, you need to have the 4 following:
Negligence – is the other party responsible in the accident?
Physical Injury
Prove financial loss due to the injury – wages, medical bills, car repair, etc , IF APPLICABLE 
Bring a suit before the statute of limitations passes
Protect your rights. Call a lawyer. Get a professional opinion. You have nothing to lose. Most attorneys do not charge for an initial consultation in Personal Injury cases.

Whether a Personal Injury claim (a “tort”) exists is a matter of law. There are four elements to a “tort” claim:
The “at-fault” person is under a duty to do or not to do something,
The “at-fault” person breaches that duty,
You suffer Damages, and
Your Damages are the result of the “at-fault” person’s actions.

Once you know that you are injured, you will need to file your personal injury claim within three years. If you fail to file your claim within this period of time, the statute of limitations, you will forfeit your right to pursue compensation. The two-year window begins the day you learn of your injury, not when you are actually injured. The rule allows you to take action even if your injury was not immediately apparent or was sustained over a long period of time.

Here are the statute of limitations in New York for the following personal injury accidents:

Personal Injury- 3 years from the date of the accident/injury *

Medical Malpractice -2 years and 6 months from the act/omission or last treatment for the same condition 

Libel/Slander-1 year from the act 

Assault/Battery-1 year from the act 

Intentional Infliction of Emotional Distress-1 year from the act 

Negligent Infliction of Emotional Distress- 3 years from the date of the accident/injury 

Fraud-6 years from the fraudulent act or 2 years from discovery of the fraud, whichever is later 

Product Liability-3 years from the date of the accident/injury 

*when suing a municipality in New York:

You must file a Notice of Claim with the municipality within 90 days of the incident/injury.  This is a prerequisite to being allowed to file a lawsuit.

After filing the Notice of Claim, you then have 1 year and 90 days from the date of the incident to file the actual lawsuit against the municipality. 

So the total statute of limitations when suing a municipality is 1 year and 90 days, compared to 3 years for regular personal injury cases against private parties. 

The statute is tolled (paused) from the time you file a motion seeking permission to file a late Notice of Claim until the court rules on that motion. 

Certain public authorities like the Port Authority of NY/NJ and Long Island Railroad may have even shorter statutes. 

You should consult a personal injury attorney immediately. The insurance company will call you shortly after your accident to request a statement from you. Most often they will request the statement be recorded. This statement may be used against you at a later date. In addition, the insurance company will request you sign authorizations so they may obtain information about you. An attorney can determine what the insurance company is and is not entitled to obtain and review. Also, the sooner you hire a personal injury attorney, the sooner witness statements can be obtained and testimony and other evidence preserved.

Bring all documents in your possession related to your injury. An example would be a copy of the police or incident report, a copy of your automobile insurance declaration page, photographs of your automobile and injuries, copies of medical records for treatment related to the accident, correspondence from insurance companies, estimates and repair records and receipts for your automobile, receipts for towing and car rental, and any wage loss information.

Compensation will depend on the type of case and the damages sustained. Some items to consider are past and future medical treatment, past and future lost wages,‘general damages’ including pain and suffering, loss of enjoyment of life, emotional distress, and inconvenience associated with the injury. In some cases, you are entitled to ‘punitive damages’, damages which are intended to punish the wrongdoer, when that wrongdoer’s actions were intentional or reckless.

Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The following is a partial list.

Medical bills (doctor bills, hospital bills, surgery expenses, diagnostic charges, physical therapy, personal care nursing fees, prescription medicines, and others),

 Lost Wages, including overtime,

 Pain & Suffering,

 Physical Disability,

 Disfigurement,

 Permanent Scars

 Emotional Trauma,

 Mental Anguish,

 Loss of Enjoyment,

 Loss of Love & Affection,

 Embarrassment,

 Mental Disability,

 Property Damage,

 All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others).

It depends as all cases are different. The more complex the case, the more substantial injuries, the more potential money involved, the longer it will take to settle. In most cases, the settlement process starts when your doctor releases you from treatment and you contact an attorney. Your claim could then be filed with the insurance company in five to ten business days. It may take the adjuster two to four weeks to evaluate your claim and make an initial offer. From there, it is a matter of negotiating a dollar amount which is reasonable for your case and acceptable to you. In some cases, a settlement may be reached within a few months. Some cases may take years to settle, while others may lead to a trial. While we try and make the process as smooth and quick as we can, it almost never wraps up as quickly as someone suffering physical injuries would like

The value of your claim is based on a consideration of a culmination of circumstances. LFK LAW PRACTICE, P.C. has successfully negotiated hundreds of claims and attempt to ensure our clients obtain a maximum recovery.
Until all the information on your injuries is available and all the facts of your case are known, the value of your claim is unknown. Attorneys are prohibited by state Bar Association rules from promising that they will obtain a certain amount of money for you.

If the at-fault party’s insurance company does not make an offer you are willing to accept, the next step is to sue the at-fault party. Much of the time we are dealing directly with the insurance company for the at-fault party.

This is a question we routinely get asked, and also one of the more difficult to answer. The truth is, it depends. Before discussing settlement with the insurance company, we need to know about all of your injuries and whether or not the doctors believe they are permanent in nature. Typically, doctors will wait for approximately one year before they can determine if the injuries you have experienced will have lasting effects. If all of your injuries are not fully evaluated by the time settlement with the insurance company is reached, your claim may not be evaluated properly. Typically, you have only one chance to settle your claim with the insurance company.

Most people have heard of no-fault insurance. This type of insurance means each driver files a bodily injury claim against their own Personal Injury Protection (PIP) insurance policy. The driver collects up to the amount of PIP coverage they have purchased and may only sue the negligent driver for any amount over and above their PIP coverage.
New York IS an at-fault auto insurance state. Any injured party may sue the other party for the full amount of financial damages. These damages typically include medical costs, lost wages, pain and suffering, and other costs directly resulting from the accident.

No, except to tell him or her that you have obtained legal representation. Whether he or she is coming from your insurance agent, or that of the other driver, all questions and other communications should be directed to your attorney. An insurance agent is trained to gather information that will help the insurance company deny aspects of your claim now and in the future.

Most personal injury claims do not become lawsuits. After you are fully recovered from your injuries, your attorney will file a claim with the insurance company. Many times, your attorney and the adjuster negotiate a fair settlement for your injuries without ever stepping foot in court.

Yes. Most of the clients we see want to avoid court. We do our best to come to a reasonable settlement before filing a lawsuit.

Damages are any loses or expenses incurred as a result of an accident.

Yes. All information you share with us is protected by the attorney-client privilege and will remain confidential. The protection will apply even when our legal representation terminates or if you do not retain our firm.

No, there is no minimum or maximum settlement amount in personal injury cases. Some states have caps on damages you can be awarded in certain lawsuits. Every case is unique, thus the amount of settlement in a personal injury case depends on several factors, including:

Injuries sustained

Damages, such as lost wages and medical bills

Potential length of injury

Negligence

As we’ve mentioned before, each personal injury claim is different and unique. We need to examine the specifics of each case in order to determine if there is a personal injury claim, who is responsible, and what potential compensation would look like. We can develop a course of legal action to help you pursue compensation for all the pain and suffering you or someone you love has endured since the accident.

The evidence we would need to file your claim would include any piece of evidence which could independently corroborates your injury claim. Some evidence would include the following:

Police reports

Witness testimony

Photos of the accident

Receipts for medical care

Pay slips for lost wages

Estimates for automobile damages