Fractures and closed head trauma, 31-year-old man. Settlement after Verdict
Traumatic Brain Injury from being hit by object on truck where client had no memory of accident. Verdict
21-year-old woman killed in elevator accident. Settlement prior to trial
Leg burns from falling down stairs. Verdict
19 year old woman killed by tree. Settlement during trial
fractures and closed head trauma, 8 year-old girl.
hip and knee injuries with arthroscopic surgery, 49-year-old worker fell from ladder.Verdict
Head trauma – 31 year-old man in unwitnessed car accident car.
Wrongful death of single man from motor vehicle accident. Settlement before trial.
Fractured hip, 51-year-old woman struck by car on sidewalk. Verdict
Leg and face fractures – 50 year old temporary worker, fall from roof. Settlement at mediation.
Malpractice for not treating finger injury as human bite. Settlement.
Broken ankle of passenger in police chase. Settlement before trial
Back injury requiring surgery from car accident. Settlement at mediation.
ACCIDENT ANSWERS YOU NEED RIGHT NOW
Do I Have A Case?
As accident lawyers we look for three things:
All three are necessary for us to get you what you deserve for your injuries. Sometimes all three things are crystal clear. Other times it takes intense investigation.
That’s where our decades of experience help. Skills from fighting for victims who can’t testify because of death or severe brain damage. Those skills have resulted in many million and multi-million dollar verdicts and settlements.
In a recent case those skills allowed us to track down a vital eye witness the police didn’t find. The accident left our client with no memory from a brain injury. The $6,000,000 Bronx jury verdict we got for our client would not have been possible without that witness.
We track down every lead to get you what you deserve for you Bronx accident and injuries. Let us find the answers to the three questions needed to make your case
Someone Else Was At Fault?
Negligence
No matter how bad your injuries, you will get nothing unless someone is at fault. It’s best to know that before you go through a long, case and trial.
Negligence proves fault in most accident cases. That is where the other side did not do what they should have. Or they did something they should not have.
A landlord that does not fix a broken step, a driver blinded by sun who hits you in a crosswalk, and a doctor who doesn’t see visible cancer on a MRI are examples of negligence.
Violation of a law
Often, a violation of a law can prove negligence.
A landlord who doesn’t remove peeling lead paint in an old building is an example. In NYC if a young child lives in the building, failure to remove the lead can violate Local Law 1. That can prove negligence for lead poisoning.
Speeding and going through a red light violate the New York Vehicle and Traffic Law. Such violations can prove fault.
Sometimes the other side can be at fault without negligence. That’s called strict liability.
Strict liability
Labor Law §240: Labor Law §240 protects construction workers who fall from ladders and scaffolds. It also protects them from falling objects.
All it takes is that required safety devices were not available. A worker’s own negligence cannot reduce the injury award unless the worker’s negligence was the only cause of the accident. That is rare.
This is one of the most powerful protections for injured construction workers. If you’re injured from falling off a ladder/scaffold, speak to a accident lawyer right away. It also applies to window washers, cleaners, and painters.
Dog bites and animal attacks: Anyone who keeps a dog or animal with a dangerous nature is at fault for any attack. This can even to a landlord who knew the animal was dangerous.
Proof of a dangerous nature can include biting, barking, aggression, even jumping on people in a playful manner.
Having the dog on a leash does not change whether the owner or landlord is at fault for your injuries.
Products liability: Products defective when they leave the manufacturer because of a bad design or not made well can be subject to strict liability.
Dangerous drugs are an example of products subject to strict liability. That is why you see so many TV ads for people injured by medications and medical devices such as implanted mesh or artificial hips.
Any product that causes injuries, from baby powder to airbags, cribs to coffee pots, may be eligible for a products liability case.
You Were Injured
No-Fault Law
To sue for injuries from a car accident in New York you must have a “serious injury” as defined in Insurance Law §5102. Pain alone is never enough.
A fracture of any bone, no matter how small, meets the definition of serious injury. Of course death does as well. Other categories include permanent or long lasting limitations in use of body parts. Medical tests such as MRI’s, CT scans, and x-rays are needed to prove that your injuries are serious.
As a result for car, truck, or bus accidents it is important to go to a hospital or see a doctor right away. First, that will protect your health. Second, it will help prove that your injuries meet the no-fault definition.
If you meet the definition of serious injury for any injury, you can recover for all your injuries.
All Other Cases
For psychological injuries your right to recover may need proof of some physical injury, no matter how small. There are exceptions where you are in “the zone of harm” when an immediate family member is injured. Recently, the highest court in NY extended that protection to grandparents.
Most other cases, including medical malpractice, do not have injury thresholds before you can sue.
Any recovery must make up for your pain and suffering., lost wages, psychological harm, physical limitations, and damage to your body.
McMAHON | McCARTHY will look for every loss from your accident to get you everything you deserve. Our multi-million dollar results come from decades of experience. In addition, we work with top medical and financial experts.
The Other Side Can Pay For Your injuries
Lawsuits can’t bring back a loved one or restore health to injured accident victims. They can only provide money to help you rebuild your life. To do that there must be a source of money to pay for what you and your family need.
Too often the person most at fault doesn’t have a source to cover severe injuries. $25,000 of car insurance can hardly make up for someone paralyzed in a car accident.
At McMAHON | McCARTHY we look for every source of funds to help you rebuild your life. For example, in a car accident we look for other vehicles in the accident. Also your own insurance may provide more funds. And dangerous road conditions may bring in the government. We look for every dollar for your injuries.
Insurance pays for injuries from most accidents. Construction companies, large buildings, trucks, usually have large amounts of insurance.
Personal cars often have only small policies.
Your vehicle insurance has Uninsured and may have Supplemental Underinsurance coverage. These may provide extra insurance for everyone in a home that has car insurance.
We check for every insurance policy, including excess policies. Corporations and Governments usually have unlimited funds to pay for victims of accidents and malpractice. This includes NYC and NYS. Also Transit Authorities, Public Schools, Counties, and the NYC Health and Hospital Corp. that runs all NYC hospitals Corporations.
For those without insurance or assets to pay for your injuries from the accident, we go after every source for your injuries. Individuals. Most people who do not have insurance to cover accidents do not have funds to pay for your injuries.
Trying to collect money from someone without insurance rarely produces any result. There are limits on collections and people backed into a corner often file for bankruptcy which wiping out any judgment.
Can I See A Doctor?
YES!
You can and should see a doctor after any accident.
When To Call An Ambulance
If you even think you need an ambulance or an emergency room for your injuries, call immediately!
Do it at the accident scene. Don’t wait. Seconds matter.
These injuries and symptoms should make you think about calling an ambulance.
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- Dizziness, chest pain, and difficulty breathing.
- Difficulty talking, confusion, unconsciousness.
- Memory loss, blurred, double, or shaky vision.
- Severe bleeding, broken bones, or if you can’t stand or walk.
- Unable to use any arm or leg, numbness or sharp pain down your arms or legs.
If you even think you need an ambulance or an emergency room for your injuries, call immediately!
Do it at the accident scene. Don’t wait. Seconds matter.
These injuries and symptoms should make you think about calling an ambulance.
- Dizziness, chest pain, and difficulty breathing.
- Difficulty talking, confusion, unconsciousness.
- Memory loss, blurred, double, or shaky vision.
- Severe bleeding, broken bones, or if you can’t stand or walk.
- Unable to use any arm or leg, numbness or sharp pain down your arms or legs.
Important! Police, ambulance workers, paramedics, doctors, and nurses will record everything you say.
What you say may be misunderstood and used against you. Above all, the other side will use everything YOU DO NOT SAY against you. They will argue that any injuries you don’t mention on the day of the accident are not real.
Make sure you tell each one of them about every part of your body that hurts or doesn’t feel normal. Don’t assume your injuries are minor or will go away.
You won’t know that for a long time. Tell them if you feel confused or think you may have lost consciousness. Tell them is you are seeing or hearing anything weird. Most people don’t recognize symptoms of Traumatic Brain Injury. Tell them every symptom you have, no matter how small.
When To See A Doctor
Immediately! Do not try to diagnose yourself.
Symptoms may seem minor or you may think they will go away. Days, even weeks later they can get much worse. The sooner a doctor looks at you, the greater your chance of a full recovery for you injuries.
Make sure to tell every doctor and therapist about all of your symptoms. That includes ever place where you have an ache or pain. And any trouble you having walking or using or any part of your body.
Mention every thing you used to be able to do but have trouble doing now. The other side will use jump on any injury you didn’t tell your doctors about right away. They will try and reduce what you get for your injuries from the accident. Your silence means you made up the injury, they will argue.
Tell your doctors about every ache, pain, difficulty from your accident. It may take a while for you to get an appointment with your doctor so call as soon as possible.
Types of Accident Injury Doctors
For most broken bones you will first see an orthopedist or orthopedic surgeon.
Orthopedists also treat neck and back injuries and strains and injuries to joints. Joints include ankles, knees, hips, wrists, elbows, and shoulders.
Your orthopedist will likely send you for x-rays, MRI’s and other studies. And may refer you for physical therapy, especially after any surgery.
For head trauma, Traumatic Brain Injuries, loss of consciousness, dizziness, ringing in your ears, difficulty speaking or remembering words, headaches, flashback, visual or auditory hallucinations, double vision, loss of vision, loss of hearing, loss of smell, any paralysis, numbness and tingling in your arms and legs, pain that shoots down your arms or legs it is important that you see a neurologist.
The neurologist will likely send you for MRI’s, nerve conduction studies, and other studies. Back surgery is most often performed by either a neurosurgeon or an orthopedic surgeon.
Physiatrists treat many of the same injuries as orthopedists and neurologists. Medical doctors, they have a specialty in Physical Medicine & Rehabilitation.
They treat injuries of the brain and spinal cord. Also nerve, bone, joints, ligament, muscle, and tendon injuries.
It is more typical that an orthopedist or neurologist will refer you to a physiatrist than it being the first doctor you see for your accident.
Psychiatrists can perform tests including nerve conduction studies and EMGs. They also do procedures such as spinal injections, nerve blocks, and disc decompression.
A physiatrist can be helpful as part of pain management to help you recover from your accident injuries.
Pain after an accident may resist treatment and last for a long time. A Pain Management doctor may help in treating long term pain.
With the reduction of opioid prescriptions for pain other treatment options become more important. Treatments like nerve blocks, nerve stimulation, and discetomies may help.
Pain management doctors can perform these treatments. New York also allows medical marijuana for the treatment of long term pain.
Psychiatrists are medical doctors who can treat mental and emotional injuries and losses from accidents. This includes Post Traumatic Stress Disorder, Anxiety, Adjustment Disorder, and Depression.
These often arise after an accident. Treatments can include medications and many also provide psychological therapy.
If you experience any mental or emotional effects from your accident, get the proper help as soon as possible.
Psychologists In New York must be licensed and have a doctoral level degree. This is usually a Ph.D. or Psy.D degree, not an M.D. degree. Unless they are also a physician with an M.D. or D.O. degree they cannot prescribe medications.
Psychologists provide many different types of treatment, including psychoanalysis, cognitive, behavior, and supportive therapies and can diagnose cognitive and adjustment losses and impairments.
Licensed Social Workers (LSW) can provide many similar therapies, often at a lower cost.
Neuropsychologists are typically Ph.D. psychologists. They have special training in administering and interpreting tests.
Those tests can diagnose and help treat brain injuries. An MRI or CT scan can tell how your brain has been physically injured but not how that injury limits your life.
Neuropsychological testing can pinpoint how your brain injury affects your abilities. This includes how it effects your IQ, focus, memory, and speed to complete tasks. These tests can take days to complete.
A neurpsychologist was one of the most important witnesses in every one of our multi-million dollar traumatic brain injury (TBI) cases.
Physical Therapy (PT) can help improve range of motion, you’re ability to walk, and reduce pain. Any doctor may refer you to a PT for your accident injuries.
Most Physical Therapists have a Doctor of Physical Therapy (DPT) degree which does not allow them to prescribe medications.
The therapy can be by the DPT or a certified Physical Therapy Assistant.
Occupational therapy can help you improve your activities of daily living. They help you to be able to bathe, cook, and brush your teeth for example.
They help you develop strategies to overcome or work around limitations from your accident.
They cannot prescribe medicine and need to complete an approved professional degree or post-baccalaureate program and clinical training.
Chiropractic is a complementary and alternative medicine (CAM). Used most often for pain relief of the spine, many people find relief with treatments.
Typically a Chiropractor would not be the first doctor to see for accident injuries. They may be helpful if other treatments do not bring relief.
Section 6551 of the NY Education law defines the profession of Chiropractic as :
“Detecting and correcting by manual or mechanical means structural imbalance, distortion, or subluxations in the human body for the purpose of removing nerve interference and the effects thereof,…”
That section also spells out what a Chiropractor cannot do.
Acupuncturists must be licensed in New York. They generally must have a college degree and complete a separate acupuncture course. Accupuncture is based on over 3,000 years of Traditional Chinese medicine.
It uses very thin sterile needles to stimulate your body’s own healing powers. Heat, electrical impulses, or acupressure can be used with the needles.
Many of our clients report relief after 1-6 months of acupuncture. Even after other treatments failed.
Who Pays The Medical Bills?
Car, Truck, Bus Accidents
New York No-Fault law covers medical bills for most car, truck, and bus accidents. It covers up to $50,000 or higher depending on the insurance policy. There is no no-fault coverage for persons injured riding motorcycles.
- You must make sure the police come to the accident site and complete a report.
- You must file your no-fault forms within 30-days of your accident.
- You must give your doctors your no-fault information.
- Your doctors must submit their bills to no-fault within 30-days of treatment.
If we take your case, we will help you with your no-fault forms at no extra cost.
Work Accidents
- Report any injury to your employer right away so they can start your WC claim.
- Make sure your doctors accept WC patients.
- You will need prior approval from the WC insurance company for most tests and surgeries. That can take a long time.
You cannot sue your employer for your injuries if they have WC insurance.
If you employer does not have WC insurance you can choose to either sue your employer or collect workers compensation.
Other Accidents and Medical Malpractice
In most other cases your regular health insurance will cover your expenses. This includes other accidents or injuries from medical malpractice.
Your health plan can be through your job, or private health insurance. It can also be from affordable care act coverage, medicare, or medicaid. If you have no health coverage you can apply for emergency medicaid.
Some of these plans may have a lien. They may get paid back from your lawsuit. That is almost always true for direct Medicare and Medicaid. New York stops health insurance from claiming a lien except in one rare situation.
Did You Know
NYC created a new right against unreasonable search and seizure, including unreasonable “stop & frisk” and excessive force. NYC Administrative Code 8-801 – 8-807 was enacted after the George Floyd case and went into effect on April 25, 2021.
It gives the right to sue for damages, an injunction, and attorney fees for any violation, even where the only damage was being deprived of the new right.
The law is not subject to the “qualified immunity” which has protected police officers/departments, as a defense for any violation of this new right.
When Will I Talk To An Experienced Accident Lawyer?
The answers you need can only come from an accident lawyer. Not a virtual chat assistant, email, or paralegal.
The experienced Bronx accident lawyers of McMAHON |McCARTHY are available to talk night or day.
Call us at (718) 319-1600. Nosotros hablamos español. One of our experienced accident lawyers will give you get a free, no obligation consultation with the answers you need RIGHT NOW.
How Can I Support My Family While I’m Out Of Work?
Accidents can cause a sudden loss of income to your family bringing immediate financial chaos. This is most true when you lose a loved one or become totally disabled from an accident.
A settlement or verdict may be years away. Your family needs to know how they will survive in the meantime. We will go over all your options during our free initial consultation.
These are the most common sources of support:
We will work with you throughout to make sure your family’s needs are met as best as possible.
Workers Compensation
You will likely receive weekly workers compensation benefits when injured on the job. Make sure to report the accident to your employer so that they set up the workers compensation claim.
You will not receive lost wages for the first 7 days after your accident unless you are out of work for at least 14 day. Use the following formula to calculate your weekly benefit.
Multiply your average weekly salary over the last year by 0.6666. Then multiply by the % of your disability.
If you made $600 a week, your weekly benefit would be $400 if you are 100% disabled, $200 if 50% disabled.
The maximum weekly benefit for injuries between 7/1/21-6/30/22 is $1,063.05. How many weeks you will receive benefits depends on the type of injury and percent of disability.
Workers Compensation will have a lien on your lawsuit. They get paid back for lost wages and medical bills they paid. Part of the attorney fee and case disbursements for your accident case reduce the lien.
You need to know the amount of that lien before you agree to any settlement. That way you will know how much you will receive after the lien.
No-Fault Insurance
For car/bus/truck accidents no-fault insurance will provide:
- 80% of lost wages or self employment profit up to $2,000.00 per month. You may have purchased extra no-fault coverage which can pay up to $4,000.00 per month.
- Reasonable/necessary expenses, such as taxis to doctors, up to $25.00 a day.
Most policies cap the benefits at $50,000.00. You may have purchased extra no-fault coverage which can pay up to $100,000.00 in expenses. Benefits can reduce payments under social security or workers compensation.
No-fault insurance will not have a lien on the first $50,000 of benefits but will have a lien for benefits paid on extra benefits above $50,000.
You are eligible for no-fault if:
- The accident happened in NY;
- You were a driver or passenger in a car/truck/bus registered in NY;
- The accident happened in NY in a car/truck/bus from outside NY;
- You were a pedestrian struck by a a car/truck/bus/motorcycle in NY.
You are NOT entitled to no-fault if you were the driver or passenger on a motorcycle.
Disability Insurance
New York Employers must have disability insurance for workers injured outside of work.
You will not receive benefits for the first 7 days you’re out of work. After that, benefits are 50% of you average salary. from the last 8-weeks you were working.
The benefit is up to $170 a week for no more than 26 weeks. You must file for disability benefits if you are applying for no-fault.
Sick/Vacation Time
Your employer may pay your salary while you’re out of work as a result of an accident. They may use accumulated sick and vacation time.
No-fault can pay you back for some of any sick/vacation time used if from a car accident. Loss of vacation or sick time is also part of the damages in your lawsuit.
Make sure you tell us if you lost sick or vacation time from your accident – we will ask!
Paid Family Leave
Most New York employers must provide insurance for Paid Family Leave (PFL). It’s for employees who work in New York. Even if they don’t live in New York.
Some employers, self-employed, and public employers not required to provide it. They can choose to provide the insurance.
Paid Family Leave is available to care for a family member injured in an accident if it’s a serious health risk. Check to see if you are eligible for Paid Family Leave.
Benefits: For 2021 you can receive up to 12 weeks of benefits. The weekly benefit for 2021will be 67% of your salary up to 67% of the Statewide Average Weekly Wage ($1,450.17 for 2021) for a maximum of $971.61. Use the Paid Family Leave calculator to see what your benefit would be.
Health Insurance: Your health insurance will continue during your Paid Family Leave. If you had to pay a premium for your health insurance before the PFL, you will still have to pay it during your leave.
Job Security: Your employer must hold your job open so that you can return to work after you Paid Family Leave.
The federal Family and Medical Leave Act (FMLA) may provide additional unpaid leave. You can take up to 12 weeks of unpaid leave to care for a loved one injured in an accident. FMLA also requires that your employer rehire you and that medical coverage continue during the leave.
Social Security Disability
If you are totally disabled from an accident, it is a good idea to look into Social Security Disability Benefits. You must be unable to return to work for at least 1 year to qualify for Social Security before retirement age.
Social Security has two different programs for disability. Social Security Disability (SSD) and Supplemental Security Income (SSI).
To be eligible for Social Security Disability you must have worked and paid FICA taxes. You must have done this for a certain number of quarters. SSD generally pays the highest benefit.
If you are not eligible for SSD, you may qualify for Supplemental Security Income (SSI).
The disability requirements are the same under either program. You must be unable to work at any job for at least one year.
But It is not required that you worked and paid FICA at all for SSI. Supplemental Security Income generally provides a smaller monthly benefit than SSD.
For either program the application process is often complicated. It can take a long time.
We often recommend that you use a Social Security lawyer to apply since an appeal may be necessary.
We do not handle Social Security applications or appeals but will work with any firm you choose.
If approved, you will receive benefits back to when you first applied.
Public Assistance
Accident injuries can cause sudden devastating financial hardship. Public Assistance, may help. You can apply for new benefits, continued, or increased benefits.
Public Assistance from an accident will be a lien on the proceeds of your case. Your lawyers must notify social services of any settlement or verdict. So must the insurance company.
The lien is only for amounts you received as a result of your accident. We must pay that lien from your recovery before you get paid.
We will always tell you how much the lien is before you agree to any settlement.
Victim's Compensation
If your injury or loss of a loved one was the result of a crime Victims Compensation Benefits are available.
This includes injuries from crimes such as by a drunken driver, as a result of a police chase, or errant bullet.
You can apply for emergency benefits, including up to $2,500.00 for medical expenses not covered by insurance. Also lost earnings or support up to $30,000.00. Burial expenses up to $6,000.00 and counseling services. Up to $500.00 for repair or replacement of specific property. Crime scene cleanup up to $2,500.00. You can even get up to $1,000.00 of attorney fees to help you apply for the benefits.
Life Insurance
If a loved one has died in an accident, the first thing to look for is life insurance. It may be the quickest way to help meet your family’s financial needs.
In addition to policies you or your loved one purchased other policies may be available. Employers, unions, and membership organizations may provide free or low cost Life Insurance.
Check with your loved one’s Human Resource Department. Also any union representative, credit card companies, and organizations they belonged to.
To search for other policies use New York State’s free lost policy finder. It can help find life insurance policies you may not know about.
Lawsuit Loans
Lawyers in New York cannot loan money to clients or pay for their medical bills. There are many companies that may be willing to loan you money on your lawsuit.
We generally recommend clients do not get lawsuit loans because of the interest rates. On average they charge 48% interest per year. They can charge such high rates because the loans are “no recourse.” You do not have to repay the loan unless you win your accident lawsuit.
The amount you will have to repay when you win can leave you with little or nothing in your pocket.
If you case doesn’t resolve for 3 years, for example, you would likely have to repay over $30,000 for a $10,000 loan.
Will My Case Settle Or Go To Trial?
The best way to settle a case is to prepare for trial!
McMAHON | McCARTHY has the reputation to settle your case before trial. And the experience to take it to verdict if needed to get you the best result. We earned that reputation by trying and settling Bronx accident cases since 1984.
We pursue every settlement option and give you all the information to make the right decision for you. The decision to accept a settlement or go to trial is always YOURS.
How Much Will I Get?
To know what will be available for your family’s needs before making any decision you will need the following information:
– Total Settlement Offered
– Retainer Agreement
– Case Expenses
– Liens
At McMAHON | McCARTHY we take the time to understand your family’s needs. Our goal is to get enough to help your family rebuild their lives after a tragic accident.
Whether by settlement or trial. We work with you to find the best solutions to bring happiness back to your family’s future.
A settlement may include upfront cash and monthly payments from one or more annuities. Annuities can provide college funds, a comfortable retirement, or special needs trusts.
We will review each option with you until you are completely comfortable with the settlement.
Total Settlement Offered
The settlement offer will change often during negotiations. We will tell you about every change in the offer.
If the offer includes any future payments from annuities, we will have our annuity consultant get quotes for the cost of the annuities. We never make any fee from annuities.
Quite often we can reach a settlement amount and then work how best to have it paid.
Retainer Agreement
You need to know both the percentage of the accident lawyer fee and how the lawyer is paid back for expenses.
All accident cases have a 33.33% lawyer fee. That gets calculated either before or after deducting the case expenses depending on which option you choose.
Malpractice retainers have a sliding percentage fee calculated after deducting the case expenses.
Case Expenses
Average case expenses and disbursement before trial are about $2,000.00. That is without experts.
Average case expenses and disbursement after trial, or if we need experts, are about $15,000.00 depending on the number of experts. In the most serious accident cases with the worst injuries expenses and disbursements can run over $100,000.
In one of our recent cases, for example, case disbursements and expenses ran over $130,000. That is what it took to get a $6,000,000 verdict.
We have the resources to get the result you need.
Liens
All liens are paid from the net amount of your recovery (after lawyer fees and expenses). They must be paid before you are paid.
Any workers compensation, medicaid, and public assistance paid as a result of your accident is a lien. Some Medicare payments and some doctors may have liens for medical treatment.
We keep you up to date on the approximate liens so that you can figure out what you and your family will receive and will make ever attempt to negotiate your liens.
This is a Free Calculator for settlements.
How Long Will My Case Take?
The length of a lawsuit varies a lot from case to case. Complex ones can take a lot longer than a simple car accident case. Many parties, many witnesses, or a lot of medical treatment are complex cases.
On average, before COVID it would take 2-4 years after the start of your lawsuit to get to trial. COVID is likely to add another 1-2 years. We’ll have a better idea of the delays in next few months.
Of course, your lawsuit can settle at any time. Even during COVID Insurance companies are looking to settle cases through mediation and court settlement conferences.
We will always tell you where your case is at and your are welcome to call us anytime for an update.
In addition, you can check the status of your case for free at the Office of Court Administration (https://iapps.courts.state.ny.us/webcivil/captcha) website. It is best if you know your Index Number, but you can search by your name.
Below is a breakdown of the steps in your accident case.
Steps
0-3 months from your accident or malpractice.
If any municipality might be for your accident or medical malpractice you must file a Notice of Claim within 90 days of your accident. This will usually delay your lawsuit by 1-3 months.
If you have not filed a Notice of Claim, see a lawyer immediately as it may be possible to file a late Notice of Claim.
0-3 months from when you sign our retainer.
Your accident lawyer gathers information to see if you have a case. This can include speaking with witnesses and having experts look at what injured you. Also getting police and accident reports and copies of your medical records.
0-3 months from when you sign our retainer.
Once we determine you have a case, we will file and serve a Summons and Complaint which starts the lawsuit. You may have to sign a verification of the Complaint.
1-6 months from when you hire us.
The other side must serve an Answer within 20-30 days of receiving the Complaint. It is very common for them to ask for a 30-day extension of time to serve their Answer. We only grant that extension if they waive certain defenses.
30-60 days from service of your Complaint
We will serve defendant(s) with a detailed description of your accident and injuries in a Bill of Particulars. We will also send them a Response to Demands. That will have authorizations for the other side to get your medical records. Also photographs, and witness information.
Your lawsuit will not move forward until we serve these documents. It is important that you provide information we request as quickly as possible.
We will also serve the other side with demands for information. That includes insurance policies, witnesses, accident reports, experts, and any other information we need for your case.
30-90 days after the Answer is received.
When we serve the Bill of Particulars we will file for a Preliminary Conference. This conference is to set a timetable for the completion of your case. You do not appear at the conference, only the lawyers go to court on that day.
Since COVID many of the courts hold the Preliminary Conferences by video and require the attorneys to work out the details of a Preliminary Conference Order and submit it to the Court for the judge’s signature. Quite often both sides cannot agree.
6-12 weeks after the Preliminary Conference.
Your Deposition is sworn testimony taken outside of court. The other side will ask you questions about your accident and injuries. We will prepare you before the deposition either in person or by phone or video.
In addition, we will take depositions of all defendants. And possibly some non-defendant witnesses. The more depositions needed, the longer the process will take.
Since COVID most depositions now are done by video.
6-8 weeks after your deposition.
The other side will have you examined by a doctor or doctors that they hire. Their time to schedule the examination usually begins after your deposition.
It is important that you go to this examination as scheduled. If you have any trouble keeping the appointment, let us know as far ahead of time as possible so we can reschedule.
If the other side doesn’t schedule the physical exams, or give us the contact information to schedule them, we can deem them waived.
The court may later require that the physical exams be done, but that way it will not hold up your case.
6-24 months from the start of your lawsuit.
Filing a Note of Issue lets the Court know that discovery is complete and your case is ready for trial. It starts the Trial Calendar clock ticking towards your trial.
Because of the continuing delays caused by COVID, it may take longer to file the Note of Issue.
30-120 days from Note of Issue depending on judge’s rules.
Motions for Summary Judgment can be made by either side at any time but are usually made after the Note of Issue is filed.
While it usually takes 6-12 months for a decision on these motions, it will not necessarily delay your lawsuit if they are made after the Note of Issue is filed. They will usually be decided before your case rises to the top of the Trial Calendar.
An appeal from a motion for Summary Judgment in the Bronx or Manhattan also will usually be decided before your cases comes up for trial.
Appeals from counties outside of the Bronx and Manhattan however can take over two years to be decided. In most cases your trial will not be delayed while defendants appeal a summary judgment motion.
2-6 months after filing the Note of Issue.
The court will schedule one or more Settlement or Pre-Trial Conferences (PTC) after the Note of Issue.
The whole purpose of these conference is to try to settle your case. Usually, you do not appear at the PTC.
Cases do not usually settle at PTC’s. But the courts are making a greater effort to settle cases at this point since COVID. Many courts are holding these conferences by video.
Mediation: Sometimes a private mediation can help settle your case. Both sides have to agree to the mediation, and the mediator, and share the cost of the mediation.
80%-90% of the time we mediate a case it settles during or after the mediation.
Before COVID you could expect your Bronx accident case to go to trial about two years from the Note of Issue or one year if against NYC. COVID is delaying that time by an additional two years.
Most courts outside of the Bronx have resumed jury trials with much less backup from COVID than the Bronx.
Under certain conditions you can get a faster trial. If you are: at least 70 years old, for example. If you are suing for medical malpractice. If you are not likely to live until the trial. Also if you are financially crippled by the accident or on welfare because of the accident. These result in a Special Preference. This can move your case up by 6-12 months.
1-3 years from verdict.
Appeals taken before trial will not usually delay your trial. Your case can continue during a pre-trial appeal.
Any party may appeal a judgment or a verdict. Post-trial appeals from the Bronx and Manhattan Courts take about 1 year. From other courts that will be at least 2 years.
If the other side appeals a judgment and has insurance, they will not have to pay that portion of the judgment covered by insurance until after the appeal. But the judgment will continue to earn interest during the appeal. Interest on a judgment runs at 9% for all defendants other than municipalities such as Citys, Towns, and authorities such as NYC, NYCHA, and Transit Authority which run at 2%-4%.
Do You Handle My Kind Of Accident/Injury?
Million Dollar Efforts in Every Case!
McMAHON | McCARTHY is known for our million and multi-million dollar settlements and verdicts. We only know one way to handle a case – all the way.
We will give your case the same time and attention we give to our million and multi-million dollar cases no matter how much your accident and injuries are worth.
We have handled just about every type of accident and injury. That’s what trying and settling Bronx accident cases since 1984 has given us.
From construction accidents to the mishandling of dead bodies. From car accidents to medical malpractice. From falling tree accidents to slip and falls. From police chase accidents to elevator accidents. We have handled them all.
Check out some of our case results and the types of cases we handle. If you want Bronx accident lawyers to give their all to get to get the best possible result.
Call us to discuss what we can do for you. Nosotros hablamos español.
OFFICE LOCATIONS
Bronx, NY 10461
(718) 319-1600
Nyack, NY 10960
(by appointment only)
HOME/HOSPITAL
If you can’t get to us, we may be able to come to you at your home or hospital.
OTHER LOCATIONS
We have conference rooms available throughout NYC and the surrounding counties. We can also arrange video meetings through FaceTime, Skype, or Zoom.
