Personal Injury FAQs

You don’t have to hire a lawyer, but insurance companies often minimize payouts or deny valid claims. Our firm will facilitate negotiations, gather evidence, communicate with insurers, and work to ensure you are not pressured into accepting less than you deserve.

Your priority is safety. Call 911, request medical attention, and make sure a police report is created. If you are able, document the scene with photos, gather witness information, and exchange insurance details, but avoid discussing fault. Seek medical care promptly, even if injuries seem minor, and consider speaking with a personal injury attorney before giving statements to an insurance company.

Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. To have a viable claim, you generally need to show that:

• The other party owed you a duty of care
• They breached that duty
• The breach caused your injury
• You suffered measurable harm

Most personal injury cases in New York must be filed within three years of the accident. However, claims against government entities often have much shorter deadlines, sometimes as little as 90 days to file a notice of claim.

Missing the deadline (statute of limitations) can permanently bar your right to seek compensation, even if your case is strong. It’s important to consult an attorney as soon as possible after an injury.

You may still have a valid claim. New York law allows recovery for injuries that were caused or aggravated by another’s negligence, even if an injury existed before the accident.

Even if the at-fault party lacks insurance, there may be other ways to recover compensation, such as through your own policy or other legal avenues.

New York follows a comparative negligence rule. You may still recover damages even if you share some responsibility, though your compensation may be reduced by your percentage of fault.

There’s no fixed number. Each case depends on relevant factors:

• Severity of injuries
• Medical costs (past and future)
• Lost income or earning capacity
• Pain and suffering and emotional impact
• Liability and insurance coverage

In addition to medical expenses and lost wages, injured people can often seek compensation for:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Future care needs

Not always. Many personal injury cases settle through negotiation or mediation. However, we prepare every case as if it might go to trial to protect your interests.

No. We handle personal injury cases on a contingency fee basis, which means you owe nothing unless we win compensation for you. Our fee is a percentage of the recovery—so our success is directly tied to yours.

Yes. Immediate family members may be able to bring a wrongful death claim to seek compensation for financial losses and the emotional toll of losing a loved one due to negligence.

Workplace injuries are often covered by workers’ compensation, but you may also have a third-party personal injury claim if someone other than your employer was negligent.

• Medical records and bills
• Accident reports (police, incident reports)
• Photos or videos of the accident or injuries
• Contact information for witnesses
• Insurance information and correspondence

Choosing Marano Law for your personal injury matter means working with an experienced and dedicated firm that takes the time to fully understand the impact of your injuries to best protect your rights. Our firm remains committed to our clients in the aggressive pursuit of just compensation while you rebuild.