Divorce and Family Law FAQ

Frequently Asked Questions About New York Personal Injury Law

If you have suffered an accident injury, you probably have many questions and concerns. The following are common questions we receive about personal injury law and our answers. For more information, contact a skilled lawyer who can provide you with the representation you need to obtain just reimbursement.

• How do I know if I have a personal injury case?
• How soon after I am injured do I have to file a lawsuit?
• What should I bring with me for my meeting with a lawyer?
• What if a person dies before bringing a personal injury lawsuit?
• What is negligence?
• What if I can’t prove someone’s negligence caused my injury? Is there any other basis for personal injury liability besides negligence?
• Will the person who caused my injury be punished?

Knowledgeable injury help

At Goldberg Sager & Associates, our goal in representing you is to give you sound advice and guidance at every turn. We realize a personal injury accident can greatly disrupt your life. Our lawyers can help you get the compensation you need to move on with your life. To speak with an experienced lawyer or to schedule a free consultation, contact us today online or call us at 718-645-6677 or toll free at .

How do I know if I have a personal injury case?

First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else’s fault.

How soon after I am injured do I have to file a lawsuit?

Every state has certain time limits, called statutes of limitations, which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, you may lose your legal right to collect damages for your injury. Consequently, it is important to contact a Brooklyn personal injury lawyer as soon as you suffer or discover an injury.

What should I bring with me for my meeting with a lawyer?

You should provide a lawyer with any documents that might be relevant to your case. Police reports, for example, contain eyewitness information and details about the conditions surrounding the event from which your claim arises. Copies of medical reports and bills from doctors and hospitals help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, damaged property and your injuries. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven’t collected any documents at the time of your first meeting, however, don’t worry; your lawyer can obtain them in his or her investigation of your claim.

What if a person dies before bringing a personal injury lawsuit?

If a person injured in an accident dies because of those injuries, that person’s heirs may typically recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person’s estate.

What is negligence?

The critical issue in many personal injury cases is how a reasonable person was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act as an ordinary reasonable person would have acted. The determination of whether a person has met the ordinary reasonable person standard is often resolved by a jury after presentation of evidence and argument at trial.

What if I can’t prove someone’s negligence caused my injury? Is there any other basis for personal injury liability besides negligence?

Yes. Some persons or companies may be held strictly liable for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Also, persons or companies engaged in using explosives, storing dangerous substances or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities.

Will the person who caused my injury be punished?

Not in the traditional sense of the word. Defendants in civil actions for personal injury do not receive jail terms or criminal fines as punishment. Those are criminal sentences, and personal injury cases are civil actions. However, in some cases, juries and courts can award what are called punitive damages, which are designed to punish defendants who have behaved recklessly or intentionally against the public’s interest. The goal in ordering the payment of punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future.

Personal injury resource links

In addition to providing the questions and answers above, our knowledgeable attorneys have assembled the following list of helpful injury law links:

• U.S. Consumer Product Safety Commission (CPSC)
  The CPSC is charged with protecting the public from unreasonable risks of property damage, serious personal injury or death from consumer products such as toys, cribs, power tools, cigarette lighters and household chemicals that pose fire, electrical, chemical or mechanical hazard or can injure children. The CPSC’s website includes recalls and product safety news, information on reporting an unsafe product, and more.
• Fact Sheet Library
  National Safety Council (NSC) fact sheets are resource guides that provide statistics, tips and suggestions to make life safer. This website contains more than 80 topics in four categories: agricultural safety, healthy living, environmental safety and road safety.
• Tort Law: An Overview
  This website, maintained by the Legal Information Institute (LII) at Cornell University Law School, provides general information about tort law, including discussion of intentional torts, negligent torts and strict liability torts.
• Dog Bite Liability
  This website contains an article from the Insurance Information Institute (III) about dog bite liability. The article discusses dog owners’ liability, recent developments in state legislation, important court decisions and other related issues.
• Products Liability Law: An Overview
  This website, maintained by the Legal Information Institute (LII) at Cornell University Law School, provides general information about the law of products liability and links to federal and state judicial decisions and statutes concerning products liability.

New York Auto Accident Frequently Asked Questions

Auto accidents are both traumatic and confusing. At Goldberg Sager & Associates in Brooklyn, we empower our clients with the knowledge and representation they need to obtain a fair recovery. Some of the most frequently asked questions we receive from clients concerning auto accidents are these:

• What should I do to protect myself legally if I’m in a car accident?
• How long do I have to file a lawsuit?
• How can I know if I have a recoverable claim?
• What are the advantages to settling before a trial?
• How do insurers determine a settlement amount?
• What damages can I recover for my car accident?
• Can I recover even if the liable party has no insurance?
• Who is responsible for my medical bills and lost wages?
• What is no-fault coverage?

What should I do to protect myself legally if I’m in a car accident?

If you’ve been in a car accident, your first priority should be to seek medical attention. This will not only aid your physical recovery but help form the legal basis for any claim you wish to file. If you can do so at the accident scene, you should take down contact and insurance information for the other driver, get the names and phone numbers of any police officers present, and use your cell phone to photograph the scene.

How long do I have to file a lawsuit?

For most injury or property claims arising out of an auto accident, you have three years from the date of the accident to file or risk losing your right to sue.

How can I know if I have a recoverable claim?

We will explain the legal elements necessary for you to succeed with an accident claim. Even if you bear some responsibility for the accident, you still can recover under New York’s comparative fault rule. Our firm will apply the facts in your case to the legal standards and discuss the settlements and verdicts we’ve seen in similar cases.

What are the advantages to settling before a trial?

Each case must be evaluated on its own merits, taking into account numerous factors. Even in the most meritorious cases, going to trial presents some risk. We help our clients calculate the potential added compensation over the defendant’s settlement offer and measure that against their chances in court. We also factor in the time, effort and stress associated with a trial when making our recommendation.

How do insurers determine a settlement amount?

Insurers will often try to exploit your fear of going to trial or leverage the financial pressure you face, hoping to force you to accept a substandard recovery quickly rather than wait for full compensation. We submit an appropriate settlement demand based on your injuries, recoveries in similar cases and any other relevant facts.

What damages can I recover for my car accident?

Types of damages that may be recoverable include reasonable medical expenses, loss of income and other economic damages, disfigurement, pain and suffering, emotional distress and loss of enjoyment of life.

Can I recover even if the liable party has no insurance?

Yes, but it might be difficult to collect from that party if they have no other assets. However, you can make a claim under your own uninsured motorist insurance coverage.

Who is responsible for any medical bills and lost wages?

Your own no-fault insurance carrier is responsible for paying any medical expenses and lost wages you suffered, subject to certain limits. If you suffered a serious injury, as defined by New York law, you can also bring a claim against the negligent driver.

What is no-fault coverage?

No-fault insurance is a system used by New York that requires your own insurance policy to pay your damages, unless you suffered a serious injury. If you did, you may sue the negligent driver.

Frequently Asked Divorce Questions in New York

The breakup of a marriage affects every part of one’s life. At Goldberg Sager & Associates, we deliver compassionate and thorough counsel to safeguard your legal interests as you seek a fresh start. If you’re considering divorce, you’re likely to have questions. We’ve provided answers to some of the most frequently asked questions we receive from clients who are contemplating divorce:

• What are the grounds for divorce in New York?
• What will a divorce cost me?
• What is the difference between a divorce and an annulment? Do I qualify for both?
• What if my spouse does not want to divorce?
• When and how will child custody be decided?
• When and how can I modify a custody agreement?

Call today to schedule a meeting with a New York City family law firm

For direct answers to your divorce questions or questions concerning any family law issue, call Goldberg Sager & Associates at 718-645-6677 or contact us online.  From our Brooklyn office, we serve people in all five boroughs and throughout the New York metropolitan area, including Westchester, Nassau and Suffolk counties.

What are the grounds for divorce in New York?

New Yorkers seeking to end their marriage have several filing options, including:

• Irretrievable breakdown — Also known as no-fault divorce, this is now legal in New York for couples whose marital relationship has been over for at least six months.
• Cruel and inhuman treatment — This includes physical abuse and other types of abuse.
• Imprisonment — Spouses may file on this ground when a partner has been incarcerated for at least three years.
• Adultery — Even when adultery exists, proving it can be difficult and costly. Sometimes, a no-fault divorce is a better option.
• Abandonment — This can be alleged when a spouse leaves the marital home for at least one year without the other spouse’s consent and without good cause.

Goldberg Sager can explain the specific elements of each claim and the divorce process for you.

What will a divorce cost me?

Though legal fees always depend on the specific circumstances involved, we can explain options such as uncontested divorce that might save you money. Our goal at Goldberg Sager is to put you in the best position going forward once your marriage ends. That’s why we’ll try to negotiate a settlement that averts trial costs and aggravation.

What is the difference between a divorce and an annulment? Do I qualify for both?

While divorce ends a marriage, an annulment declares it null and void, due to a fundamental deficiency in the union. Legal annulment grounds are:

• A spouse that was not of legal age (18 in New York) at the time of the marriage
• Mental incapacity of a spouse when the marriage occurred
• A spouse’s incurable mental illness lasting at least five years
• Inability of a spouse to engage in sexual intercourse
• Evidence that the marriage was obtained through coercion, duress or fraud

Annulment does not affect child custody or support designations, but if you believe you have grounds for an annulment, you must act promptly.

What if my spouse does not want to divorce?

Even if your partner wants to remain married, you can file for divorce against them. This process has become much easier since the enactment of no-fault divorce in 2010. We will help you through the required procedures and paperwork.

When and how will child custody be decided?

As a divorce is finalized, New York law requires judges to make child custody determinations based on what they determine to be in the best interests of the child. In most cases, legal decision-making authority will be shared by the parents. For physical custody, courts look at each case on its own merits. Factors may include living environment, disruption to the child’s daily schedule, and the wishes of an older child.

When and how can I modify a custody agreement?

Significant changes in circumstances can persuade a judge to alter the terms of a child custody arrangement. These can include allegations of abuse, major financial changes, or a parent who is moving due to a new marriage or job.