Frequently Asked Questions (FAQ)
Answers from a Long Island Personal Injury Attorney
If you have questions about your personal injury case, you have come to
the right place. The Long Island personal injury lawyers at The Odierno
Law Firm, P.C. would like to make sure that you know what to expect when
pursuing your injury claim, so we have decided to answer some of our past
clients' most frequently asked questions. If you do not find the information
that you are looking for below, you can always discuss the specific nature
of your case with our firm through a free initial consultation. All you
will need to do is
give us a call to get started.
Q: What happens if I am injured by a motorist with no insurance?
While it is against the law to drive in New York without minimum liability
auto insurance—which includes $25,000/$50,000 for bodily injury
and $10,000 for property damage—drivers continue to get behind the
wheel without an adequate level of coverage. Fortunately,
uninsured motorist (UM) coverage is also mandatory in the state of New York. This means that you should
be able to file a claim with your own insurance company after being involved
in an uninsured motorist accident. It is important to note that you could
also do the same if you were ever involved in a hit and run accident.
Q: How are you, as my attorney, paid on a personal injury case?
At The Odierno Law Firm, P.C. our Long Island injury attorneys work on a
contingency fee basis. This means that we do not receive payment unless we are able to
secure compensation on your behalf. If our firm wins your case, however,
our fee will simply be based on a percentage of your recovery—which,
in New York State, is generally one-third of the net recovery. The remainder
of the reward would be distributed to you. Since our fee will come out
of the recovery, you will never be asked to pay for our legal services
up front. You will never actually receive a bill from our firm, either.
Q: How much will I be awarded at the end of my case?
- At the end of the day, there is no way to answer this question until your
case has been resolved. It is possible to generally predict the amount
of compensation that you will be able to walk away with, however, as most
personal injury claims will hinge upon three main factors: 1) who bears
the legal responsibility for the accident, 2) the severity of your injuries
and/or damages and 3) the level of insurance that covers the person who
has injured you. Once all of these factors have been taken into consideration,
it may be easier for you to determine just how much money you are entitled to.
Q: How long will it take to resolve my case?
The length of each
personal injury case will depend on a variety of factors, including the severity of your injuries
and the insurance company's willingness to cooperate. Most importantly,
however, it will depend on whether or not you are taking your claim to
trial. Since most personal injury cases are resolved outside of court
(an estimated 95%), it is safe to say that your case will be resolved
in less than a year. If you decide to move forward with a trial, however,
it may take up to four years or more. For this reason, the only person
who can accurately answer this question is your lawyer.
Q: Will I have to take my personal injury case to trial?
- Most people hesitate before pursuing compensation after an accident because
they don't want to deal with the hassle of going to trial. That being
said, it is important to understand that nearly 95% of all personal injury
cases are resolved outside of court. This means that there is a good chance
that you will avoid a trial altogether. Your Long Island personal injury
attorney will simply manage negotiations with the insurance company outside
of court. Only if they are unable to agree about the settlement amount,
you can explore the option of taking them to court.
For further information about your personal injury case, contact The Odierno
Law Firm, P.C. for a free initial consultation: (631) 250-4212 or
submit a free case evaluation form online.