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FAQ

Greenstein & Milbauer, LLP

A New York City Personal Injury Law Firm You Can Depend On

Why is your motto “ Don't be a victim twice ” ?
We know that accidents are sometimes unavoidable. But while being an accident victim may be unavoidable, choosing the wrong attorney is avoidable. At Greenstein & Milbauer, LLP we feel strongly that you should not be a victim twice by choosing the wrong attorney. Call 1 (800)VICTIM2.

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Do I need to retain a lawyer for my case?
If you have been injured, there are many complex issues which may be involved in your case. Questions concerning the availability of insurance coverage, the amount of insurance coverage, the likelihood of success, comparative negligence, and a whole host of related issues are involved in most personal injury cases. If you have been injured, you should consult with an attorney to review the issues which are relevant to your case. Once a consultation has taken place, then you will be in a position to best determine if you need to retain an attorney.

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Do you handle cases for children?
Much of our work involves claims on behalf of clients under the age of 18. Special rules govern the prosecution of children's cases. Any settlements or judgment are subject to court approval. Special statutes of limitation govern the prosecution of children's cases. Because the statutes of limitation are different whether the case is one for medical negligence, product liability, vehicular negligence, injuries occurring in the birth process, etc., it is important to contact a professional as soon as possible to determine when a child's statute of limitations expires.

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How much will this case cost me to pursue?
Our office provides a free initial consultation in regards to personal injury cases. An initial appointment to discuss the facts of a potential case is free. We will advance the costs necessary to investigate and prosecute the claim. In the event we undertake formal representation, any costs advanced are reimbursed to us at the conclusion of the case, assuming we are able to make a recovery on your behalf. We are available to represent clients' personal injury claims through out the State of New York. If you have a question concerning your injury, call us toll free at 1 (800)VICTIM2 or email us at info@NYClawfirm.com.

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What is a contingency fee?
A contingency fee is a legal fee which is dependent upon the successful outcome of a claim. Most attorneys who specialize in bodily injury claims utilize a contingency fee agreement because injured clients often cannot afford to pay an attorney for service rendered on an hourly basis. If there is no recovery, we receive no fee.

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How much will I recover from a settlement or judgment?
There is no formula or standardized method for evaluating the likely settlement value or jury verdict potential in a given case. Case value is case-specific. It depends upon factors including liability, nature and extent of injuries, nature and extent of permanent disability, economic losses (including lost wages and medical bills), as well as other considerations. While our professionals can provide ballpark evaluations based upon results in trials and settlements of similar cases, no precise method exists for predicting how much an injured individual will recover in any given case.

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What can I do to help my attorney?
First, and foremost is be honest in dealing with your lawyer. Do not try to anticipate problems with your case and withhold information. Your attorney should be able to handle most problems if he is aware of them early. It is also important that you make all medical appointments. Additionally, follow your attorney's advice.

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How long will my case last?
While there are no guidelines in determining how long it will take to conclude a case, a large majority of personal injury cases are settled without the necessity of litigation. There are many variables that will dictate the length of time that will be necessary. Some of the variables include your injuries, the type of medical treatment you require, and whether the case can be settled or requires a jury trial.

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Will my case go to trial?
The majority of claims handled by our office settle before trial. However, if a reasonable and fair settlement cannot be reached, we are prepared to take the matter to trial on behalf of our clients.

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If I am injured, how long do I have to make a claim?
Depending on the circumstances of the accident, the amount of time will vary. In New York, generally there is a three (3) year period within which you must file a lawsuit for negligence claims such as car accidents or slip/trip and fall cases. If the responsible party involves a municipality, you may be required to file notice of a claim within a shorter period of time of the incident. Contact an attorney as soon as possible after you have been injured so that your situation can be fully investigated, and a proper determination can be made as to what type of action should be taken to preserve your legal rights.

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What happens if I wait too long to make a claim for my injuries?
If a lawsuit has not been properly commenced within the time required under the law, you will lose your rights to make a claim for compensation for your injuries.

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If I suffer an injury what should I do first?
You should immediately seek medical attention as your health must be your primary concern. At the accident scene, a police officer may ask you if you want an ambulance to take you to a local hospital. Once your condition has been stabilized, you should contact an attorney to investigate your claim on your behalf.

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Can I recover money for my pain and suffering?
In many instances, you can recover money for the pain and suffering that you have experienced due to your injuries in an accident. If the accident leaves you permanently injured, or disfigured, you may be able to obtain additional compensation.

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Can I bring a case if I do not have social security number?
Yes. You absolutely have the right to be compensated for your injuries, and to receive medical treatment, even if you do have a social security number. Do not let anyone talk you out of your rights. This is especially true for people hurt while performing construction work. Do not be a victim twice. Call 1 (800)VICTIM2 to learn your rights.

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How do you handle accident cases?
At Greenstein & Milbauer, LLP we have an experienced team, headed by an attorney, who handle each case. This may include paralegals, legal secretaries, investigators, experts or several attorneys. We are always available to assist, clients ’ only need to call or e-mail.

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Can you tell if I have a claim after my first visit?
Sometimes, but knowledge and preparation are the keys to evaluating any case. This requires investigation of the facts and circumstances involved in your accident. This is an ongoing process.

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What information must I provide?
It is important that you give us as much information as possible. We want to know everything that affects your case. You should initially provide us with a complete statement regarding the facts and circumstances of your accident, including your injuries and medical treatment. If known, we would like the license plate numbers of the vehicles involved, names/addresses/telephone numbers of drivers/owners/witnesses, name of responding police officers, health care providers and insurance companies. Usually a private investigator may gather additional information such as statements, photographs, and documents. Once we have sufficient information, we will assess the merits of your case.

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How often should I stay in contact with you?
Please call us anytime you have a question, or need help. Be sure to contact us at a minimum of once per month. Keep us informed of your health status, and of any matter about your case. As well, it is very important to keep us informed if your address, and/or telephone number, should change.

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I was in an accident, will I automatically get compensation?
The mere happening of an accident or the fact that you have been injured is not sufficient to entitle you to compensation for your injuries. You must prove that a person and/or entity was negligent, and that your injuries were a result of their negligence.

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If I have a case, will I be guaranteed a recovery?
There are never any guarantees in life, or in accident cases. There is always the risk that your case will result in no recovery. The judicial process is not perfect. Judges or juries can make mistakes, errors, incorrect decisions, or simply differ with your interpretation or opinion regarding the law, evidence, facts, circumstances, or other aspects of your case. This unfortunately adds an element of risk to all legal matters.

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What is liability?
Liability means that someone is legally responsible for your injuries. A professional assessment of possible legal defenses such as comparative negligence and assumption of risk must be made of all available facts as it relates to applicable laws. Until a case is resolved, and as an investigation continues, liability evaluation is a continuing process. Conclusions regarding the defendant ’ s responsibility may change as more information is received.

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What are damages?
Legal damages consist of injury to person or property (such as your car). Damages may include actual and projected medical charges, loss earnings, psychological injury, permanent disability, economic loss, and pain and suffering. Injuries include new injuries or aggravation of pre-existing injuries. Your treating doctor(s) must be able to clearly testify with a reasonable degree of medical certainty that your injuries were caused by the accident.

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Why can ’ t I trust the insurance companies?
Insurance companies are businesses that depend on their bottom line. Each personal injury victim is a potential expense to them. Their interests are fundamentally at odds with accident victims. Moreover, some insurance companies spend millions of dollars and clever marketing schemes trying to convince the public that they do not need the professional advice of an attorney. Remember that the defendant ’ s insurance company, lawyers and investigators will
diligently work to minimize your claim. During their investigation, it is possible that they will attempt to contact you through various (and sometimes devious) methods. You should refrain always from discussing this matter with anyone, including your employer, your relatives, your neighbors, and even your friends.

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What should I do about my injuries?
Give careful attention to your injuries. You may not initially appreciate the severity of your injuries. You may fully recover or be permanently disabled. Do what is required to reach maximum medical improvement. Follow your doctors' instructions. Clearly, explain the difficulties you are having. Be sure to keep all appointments. Tell the doctor everything about all pain, discomfort, symptoms, and problems.

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What is the value of my case?
As your case develops, we will try to project what would be a fair settlement. We will always try to get the best possible settlement for you. Notwithstanding, we believe that the optimum value of any case is dependent upon sound preparation and information. Once we complete our investigation, we can better estimate the possible extent of the defendant ’ s liability. Be assured we will always work to optimize the value of your case consistent with our professional judgment.

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What is the process of negotiating with the insurance company?
When you have completed your treatment, and we know the extent of your injuries we will attempt to reach a negotiated settlement. Usually, this involves discussions with insurance adjusters. We begin this by sending them your medical bills, lost wages, reports from doctors. We will give them several weeks to review our submission and await their response. This process may or may not be productive. The success of this procedure varies with each case and the insurance company involved. The bottom line is money. The insurance company wants to pay as little as possible, and we want the most we can obtain. Remember, a negotiated settlement is possible anytime the parties can agree, even during the trial. If the insurance company fails to offer a fair settlement, we will file suit. Again, this procedure can vary from case to case.

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How long will it take to resolve my claim?
The duration of your case depends largely on the nature and course of your medical treatment. We will not settle your case until we are reasonably certain of the full nature and extent of your medical condition. Once this becomes apparent, we will attempt to negotiate your claim. If negotiations are unproductive, we will pursue litigation. In either case, our goal is to obtain the best results consistent with the merits of your case.

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Should I keep any records?
Yes. You should keep a system for recording the expenses incurred with your claim. Medical expenses are a significant part of your lawsuit, so it is important that you keep good records.

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What are the most important things to do at the scene of a motor vehicle accident?
(1) Keep calm, don't argue, accuse anyone of admit guilt
(2) Call the police, and file written accident report
(3) Request an ambulance, if you are injured
(4) Secure license plate numbers, and names of insurance carriers of other vehicles involved
(5) Secure names and addresses of other drivers and witnesses
(6) Do not discuss the details of your accident with anyone other than Greenstein & Milbauer, LLP

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When is a lawyer ambulance chasing?
Lawyer ambulance chasing is when a lawyer, or someone on a lawyer's behalf, contacts you - without your permission - and encourages you to pursue your case using their legal services.

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What is a medical facility ambulance chasing?
Medical ambulance chasing is when a medical provider, or somebody on their behalf, contacts you - without your permission - and encourages you to seek medical treatment at their facility.

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When do ambulance chasers usually prey on their victims?
Ambulance chasers usually pray on their victims immediately after the accident when your are most vulnerable. Somebody might approach you at the accident scene, or in the hospital. Somebody might call your home, or even just show up at your doorstep. Sometimes they may say that they work with the hospital, or medical clinic, and that you need follow-up treatment (with them). Be very suspicious of anyone contacting you after an accident. Be careful not to be taken advantage of these scam artists. Ambulance chasing is illegal.

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How can I protect myself against ambulance chasing?
You should never fall victim to ambulance chasing. It is bad enough to be an accident victim, but do not be a victim twice by allowing yourself to be taken advantage of by these scam artists. If a stranger is recommending you to a lawyer, or doctor, most likely that person does not have your best interests in mind. Remember, you choose your attorney. Do not listen to a stranger. Follow your instincts, and choose your attorney wisely. Don't be a victim twice. Call 1 (800)VICTIM2.

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Is it illegal to take money from a medical provider?
Yes. This is illegal. Unfortunately, many patients do not realize this. They are certainly not told this when they are illegally offered money. While your injuries might be legitimate, any medical facility that must pay their patients to treat at their facility is not a legitimate clinic. Essentially, you can be arrested for taking part in a conspiracy to defraud an insurance company - even if you have legitimate injuries. At the very least, you will most likely not receive the skilled medical attention that you deserve. As well, the likelihood of recovering money for your pain and suffering, and the amount that you might ultimately receive, can be drastically reduced when you treat at a medical facility that is conducting business illegally.

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Is there a statute of limitations on automobile accidents?
Yes, New York law provides for various statutes of limitations in regard to automobile accidents. As most situations are different, it is important to seek the advice of an attorney. However, in most instances, you must bring suit against the negligent party within three (3) years from the date of the accident. However, different statutes of limitation govern different types of cases. Under some circumstances, statutes of limitations for children are longer than those for adults. Because the running of the statute of limitations is dependent upon the facts of an individual case, we urge you to contact one of our qualified professionals as soon as possible to arrange for a free consultation.

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What injuries qualify as a serious injury in New York State?
Under Section 5102 Subdivision (d) of the Insurance Law of the State of New York a serious injury is defined as: death; dismemberment; significant disfigurement; a fracture; loss of 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; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitutes such persons usual and customary daily activities not less than ninety (90) days during the hundred and eighty (180) days immediately following the occurrence of the injury or impairment.

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What happens if I miss time from work as a result of a motor vehicle accident?
How long you stayed out of work because of your injuries is a matter to be decided by you, your doctor and your employer. For you to be compensated for your lost earnings, we must obtain written evidence from your employer of how much time you lost from your work, what your job was, and how much you were earning at the time of the accident.

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What should I do when I complete my treatment?
Be sure to contact the office when you have been discharged by your doctors, so that we may contact your doctors to send me their reports and bills.

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The other persons insurance company has contacted me, should I give a statement?
Absolutely not. You do not have a duty to cooperate with the other driver ’ s insurance company. One should never give a statement to an insurance company without the advice of an attorney. You should tell the insurance company to contact your attorney. Your attorney will decide if a statement is necessary, and make arrangements accordingly. Do not, under any circumstance, provide the other insurance company with a statement. You are not trained in these matters and may say something that could eventually be harmful to your claim. This is why we recommended that as early as possible you seek representation from an attorney who is familiar with these issues. Then, if the insurance company should try to contact you, inform them that you are represented. This will require all further contact to be through your attorney.

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Do I have to talk to my own insurance company?
You do have a duty to cooperate with your own insurance company due to the language contained in your insurance policy. Under most insurance policies issued in New York, there is a duty to provide notice of an accident to your insurance company " as soon as practicable " after the accident. If you do not provide your insurance company with notice, there is a risk that your insurance company could deny coverage to you for the accident as a result of your failure to provide them with timely notice. However, your attorney can provide your insurance company with notice of the accident, and your attorney will make the necessary arrangements if your insurance company wants a statement.

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I was hit from behind by a driver that had no insurance at the time of the accident. Can I still obtain compensation for my injuries?
Yes. Although New York has mandatory auto insurance requirements, many vehicles still do not carry the required liability insurance. Uninsured motorist protections is insurance coverage that is provided to protect you in instances where you are injured by another individual who has failed to purchase liability insurance. You may be able to recover under the insurance policy of the vehicle you occupied, whether you were the driver, owner or passenger. At Greenstein & Milbauer, LLP our attorneys are well versed with the special requirements of the uninsured motorist law. If this type claim is being made under your own policy it should not result in an increase in your premium, or a cancellation of your coverage.

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I was hit from behind by a driver whose insurance coverage was not adequate to compensate me for my injuries. Can I obtain additional compensation from my own insurance company?
Although New York has mandatory auto insurance requirements, many vehicles only have limited coverage. In an under insured situation, the negligent party has inadequate liability coverage to compensate you for your injuries. However, you may be able to recover under the insurance policy of the vehicle you occupied, whether you were the driver, owner or passenger. At Greenstein & Milbauer, LLP our attorneys are well versed with the special requirements of the under insured motorist law. If this type claim is being made under your own policy it should not result in an increase in your premium, or a cancellation of your coverage.

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I was recently injured in an automobile accident by an unidentified car that left the scene. Is there any way I can make a claim for my injuries?
Yes. Under New York law in such a situation you may be able to make a claim under the insurance policy of the vehicle you occupied, whether you were the driver, owner or passenger. If this type claim is being made under your own policy it should not result in an increase in your premium, or a cancellation of your coverage.

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If my car was damaged, do I need to obtain a property damage estimate?
If your car was damaged in the accident, please bring (or mail) to the office a written, itemized estimate of the cost of repair to your car.

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My car was totaled in the accident and probably will be destroyed. Should I take pictures of the damage before it is destroyed?
Yes. Photos should be taken of the damage to your vehicle and your injuries. The photographs document the damage to your vehicle, and the severity of your injuries, and may be helpful & /or necessary to resolve your property damage and bodily injury claims.

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Should I have my own insurance company pay for the damages to my car?
If you have collision insurance on your damaged motor vehicle, you may choose to pay the deductible amount and have your own insurance company pay the rest of the damage. If you do this, you will not be able to collect for your vehicle ’ s damage against the other driver's insurance company.

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Do I have to go to a medical facility that you recommend?
No. You are free to go to any medical facility. However, if you were involved in a motor vehicle accident, we can provide suggestions for choosing a facility. First, make sure you pick a clinic that accepts no-fault insurance. Second, make sure the clinic will bill the carrier directly on your behalf. Third, make sure you choose a facility that has been around for a long time. This will ensure that you do not go to a clinic that is operating illegally, and constantly relocating to maintain operations. Fourth, make sure the clinic properly documents your injuries so that your attorneys, and your adversary, will be able to evaluate th seriousness of your injuries. Fifth, make sure that the doctor would be willing to testify in Court if the opportunity should arise.

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How can you maximize the insurance coverage available?
In order to maximize the insurance coverage, we conduct an extensive investigation. Some of the questions we investigate are: Was the car leased? Was the car rented? Is the driver & owner two different people? If yes, does the driver have his/her own car? Was the driver working at the time of the accident? Does the driver & /or owner have any assets? Does the driver & /or owner own a home? Is there an excess coverage (i.e. umbrella coverage)? Is there any insurance coverage available through a motor vehicle policy in the client's household (called supplementary uninsured motorist coverage)?

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I was rear ended in an accident but did not go to the hospital or doctor. Now my back and neck are killing me. What can I do?
This is one of the most frequently asked questions we hear. Often times an individual who is a little sore following an accident believes that the soreness will go away. They either refuse medical treatment, or fail to see a doctor. Then a few hours, or even a few days later, they realize that the soreness is not going away but getting worse. We recommend that everyone involved in an accident seek immediate medical attention. However, if you failed to get medical attention following the accident, and now find your injuries worsening, it is imperative that you seek medical attention as quickly as possible. This is for two reasons. First, you need to have a physician properly diagnose, and treat your injuries. Second, a medical record of your injuries and their relationship to the accident must be established.

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What if I was involved in a motor vehicle accident and I cannot afford to go to the doctor?
Under New York no fault law, every owner of a motor vehicle must provide no-fault coverage. The no-fault coverage is used to cover medical bills and lost wages for anyone injured in the vehicle, whether you were a driver or passenger, regardless of who was at fault for the accident.

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Does New York law require everyone to have no-fault insurance?
Yes. The amount and type of coverage can vary but the minimum no-fault coverage allowed is $50,000.00 per person.

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What is a no-fault application?
A no-fault application is the form that must be filed with the no-fault carrier within thirty (30) days of the date of your accident in order to be eligible for benefits.

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Does New York law require everyone to have liability insurance?
Yes. The minimum policy allowed is $25,000.00/$50,000.00. This means that no one person can collect more than $25,000.00, and there is $50,000.00 available if more than one person is hurt.

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How do I get a rental car?
New York law provides that if another person is responsible for damage to your automobile you are entitled to a rental car for a reasonable period of time, usually the time required to repair your car. If you experience difficulty in securing a rental vehicle through the other motorist ’ s insurance company, then you can look to your own insurance company, provided that you have rental coverage on your policy.

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How do I find out the name of the other driver ’ s liability insurance carrier?
New York law requires all insurance carriers to divulge this information to the New York State Department of Motor Vehicles. At Greenstein & Milbauer, LLP we can usually obtain this information within minutes as we begin the evaluation of your case.

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How do I get my vehicle repaired?
If you have collision coverage then you may chose to have your own insurance company repair your vehicle, subject to your deductible. If, however, you do not have collision coverage or you prefer to have the other insurance company pay for your repairs, then we can assist you in this regard. Many times we provide this service free of charge.

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I was injured in an accident and was not wearing my seat belt, can I still bring a claim?
Yes. The failure to wear a seat belt can reduce your monetary recovery.

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I was injured while driving my motorcycle, will no fault insurance cover my injuries?
No. No-fault benefits are not available to someone injured while riding on a
motorcycle unless additional coverage was purchased.

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What if I have a claim against a city, county, state or other government agency?
Claims against public entities are subject to special claim filing requirements, and provides shorter time periods to commence actions. Accordingly, it is very important that a person who believes he or she has been injured through government action contact an attorney at once.

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What is a 50-H hearing?
A 50-H hearing is a statutory right granted to most municipalities to aid then in their investigation. The purpose of this hearing is not to dispute that your accident happened or how it happened. The purpose of this hearing is for the municipality to learn from you the basic facts of your accident. The questions are very simple and the whole hearing usually takes less than one (1) hour. The following are typical sample questions: name, address; name of children; date of birth and social security number; date and location of accident; describe accident; whether police and ambulance came to scene; name of hospital who treated you; name of private doctor/nurses who treated you; activities you cannot due as result of injury; amount of time you spent in bed & /or home; whether medical bills paid & by whom; amount of money you had to spend because of accident.

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When is a 50-H required?
A 50-H hearing a required in most cases against municipalities.

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What is a Notice of Claim?
A Notice of Claim is a document that must be filed with a municipality to comply with the special notice provisions that apply with claims against public entities (i.e. municipalities). A Notice of Claim usually has to be filed within ninety (90) days from the date of your accident. This document contains such information as: the name and address of the claimant and claimant's attorney; the nature of the claim; the time when, the place where and the manner in which the claim arose; nature & extent of injuries sustained and the amount of damages.

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What should I do if I am sued, or I receive a letter from another attorney?
If you receive a letter from an attorney for the opposition, or if you receive a court summons and/or complaint concerning your accident, please notify our office immediately, and we will advise you as to what steps to take.

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What is a lawsuit, and how much should I sue for?
If we are unable to resolve your case through negotiations, and we believe further action is justified, we will bring a lawsuit in your behalf. A lawsuit is usually commenced by purchasing an index number, and file a document called a Summons and Complaint.

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What is an answer?
The defendant is then given an opportunity to file a response called an Answer. The defendant might deny he did anything legally wrong, that you were not hurt from the accident, or assert certain defenses such as comparative negligence.

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What is discovery?
Discovery is the legal means by which the parties obtain information from each other. The parties are generally entitled to all information not legally privileged that is designed to lead to relevant evidence. Discovery can be relatively simple or quite complex. Discovery rights can be restricted if deemed by the court to be abusive, burdensome, or oppressive. The process of discovery can take many months or longer in complicated cases. Your patience may be sorely tried during this time. We believe clients with knowledge of these procedures have a much greater tolerance for the slowly turning wheels of justice.

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What is a Bill of Particulars?
This document states the particulars of your claim. It includes a description of the parties, a statement of the essential facts of your claim, the nature of your injuries, the legal theories of liability, and the period of your disability.

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What are Depositions?
This method allows the direct questioning, under oath before a court reporter, of parties or witnesses. This is a very important part of your case.

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What is a defendant's physical examination?
This is when the defendant(s) is allowed to have one of their own doctors examine you. If you are claiming multiple injuries to different parts of your body, the defendant might be allowed to designate more than one doctor to examine you.

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What is a trial?
If your case cannot be fairly settled, your alternative is a trial. Trials are formal proceedings conducted in a court and designed to reach a decision based upon the facts and applicable law. During a trial, the parties involved attempt to persuade the court or jury (trier of fact) of the validity of their position by presenting evidence, and legal and factual viewpoints. Evidence
may include witnesses, documents, reports and exhibits. If a jury is the trier of fact, the judge conducts the proceedings and determines issues of applicable law and the admissibility of evidence. The plaintiff in all civil cases has the burden to persuade the trier of fact on the issues of liability and the amount of damages. If a jury is not persuaded, they dismiss the case. If a jury is convinced, then they award damages they consider appropriate. A judge, under appropriate circumstances, may take the case from the jury and enter judgment for or against the plaintiff or defendant. Parties may decide to appeal their case to an appellate court. This is a simple overview of a complex process. We will explain the process to you in more detail as your case evolves.

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How will my case be scheduled for trial?
After discovery is completed, a request will be made to set your case for trial. The attorneys and court will try to agree on a specific trial date. The court will first decide what dates are available, and then the attorneys will check their calendar for no conflicting dates, which they will be available. Remember, courts are responsible for thousands of cases. The court generally schedules more than one case on a given date. The reason for this is that it is the court ’ s experience that many cases are settled before trial, thus enabling another case to be tried. For example, your case may be in second place for a given date. If the first place case is settled then your case becomes the first to be tried. If not, your case would be would be rescheduled. Experience shows that this method creates the least amount of inconvenience.

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Is there any way to get a quicker trial date?
A plaintiff can get a quicker trial date when certain circumstances are met.
Such circumstances exist when the interests of justice will be served by an early trial; the plaintiff has reached the age of seventy (70) years; the plaintiff is terminally ill as a result of the negligence of the defendant

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What is a mediation?
An alternative to litigation is an mediation. In an mediation both sides would argue their case to an independent mediator, usually a retired judge. After hearing all the testimony, the mediator renders a decision taking into account how the accident occurred, and the injuries you sustained. This decision would determine the amount, if any, of compensation that you are entitled to. Neither side is bound by the mediator's decision.

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What is an arbitration?
An alternative to litigation is an arbitration. In an arbitration both sides would argue their case to an independent arbitrator, usually a retired judge. After hearing all the testimony, the arbitrator renders a decision taking into account how the accident occurred, and the injuries you sustained. This decision would determine the amount, if any, of compensation that you are entitled to. Both sides are bound by the arbitrator's decision.

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What is a herniated disc?
Although we are certainly not doctors, we do see many of the same injuries. It then becomes necessary for us to be familiar with some basic terminology. Although the doctors will explain the results of an MRI with their patients, quite often the patients do not fully understand the nature of their injuries. We feel that it is important for our clients to have a complete understanding of their injuries. A herniated disc is due to tears in the annulus (the outer layer of the disc). When this occurs, the inner nucleus can herniate out and may cause pressure on an adjacent nerve. If the herniation occurs in the neck and causes pressure there, it may cause pain that radiates into the shoulder and arm. If the herniation occurs in the back, the pain produced may radiate down into the hip, groin or leg. A disc herniation cannot be seen on regular X-rays; it can only be seen on MRI.

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What is a disc bulge?
A disc bulge is due to tears in the annulus allowing disc material to enlarge the disc in the form of a bulge.

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What is disc degeneration?
A decrease in space between the vertebrae. As a part of the aging process, the discs begin to lose their high water content and their ability to dissipate force as efficiently

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I fell on the sidewalk and don't have medical insurance to pay for my medical treatment. Who will pay for my medical bills caused by the accident?
Your attorney can seek to recover your medical expenses from the individual, municipality or company at fault in your accident.

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What if I was not in an automobile accident but slipped and fell at my grocery store. What should I do?
As in all slip and fall cases, it is important to notify the store manager, and make an incident report. Obtain the names, addresses and phone numbers of any witnesses, along with the names of the store employees you come in contact with. If your fall was caused by a substance on the floor, identify the substance. It is also important that you seek immediate medical treatment.

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Who is responsible for paying for the medical treatment as a result of my fall?
In most instances, businesses have insurance for medical payments in their property insurance policy. At the time you report the accident to the manager, ask for information in this regard.

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What if I was hurt at work?
Whenever a person is hurt at work they are automatically entitled to the benefits of worker's compensation insurance. We do not handle worker's compensation claims, but can usually provide the names of certified specialists in your community. In addition to worker's compensation, many times the right to bring an action against someone other than your employer also exists. These are called " third party cases. " Prompt investigation of third party cases is
critical. If you were hurt at work and you believe it was the fault of someone other than your employer, it is critical that prompt investigation be undertaken to secure evidence, identify witnesses, and determine whether sufficient facts exist to justify a claim against another person or entity.

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What should I do if I have a question that you have not answered? Our attorneys are available to answer questions over the phone or via e-mail. However, the best way to find out about a particular case is to arrange for a free appointment. Please telephone us at 1 (800)VICTIM2, or email us at info@NYClawfirm.com. If you or a loved one are injured in an accident, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, or by signing any documents. After calling law enforcement authorities, obtain needed medical attention, and call us immediately. We are here to help. At Greenstein & Milbauer, LLP, we recognize the unique issues pertaining to accidents and injuries. You can call us at 1 (800)VICTIM2 or e-mail us at info@NYClawfirm.com seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients

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