Frequently Asked Questions

The legal team at Weiser & Associates is happy to answer questions about personal injury law and related matters. On this page you will find answers to questions our firm often receives. If you have a question or concern that is not addressed here, please feel free to contact us to speak with one of our injury attorneys. We are committed to providing effective legal representation to residents of the Bronx, Brooklyn, Staten Island, Queens, Manhattan, and other areas throughout the state.

If a doctor makes a mistake, is that considered medical malpractice?

No. Malpractice is a deviation from good and accepted standards of medical practice in the community. Doctors are permitted to make simple mistakes or errors in judgment so long as the doctor’s conduct does not deviate from the appropriate standard of care. At Weiser & Associates, our injury attorneys have successfully litigated numerous malpractice claims for persons throughout the Bronx, Staten Island, and other areas of New York. If you believe you have been the victim of medical negligence, contact our office immediately for a free evaluation and consultation.

If I am injured while working at a construction job site, is my case limited to a workers compensation claim?

No. If your construction accident injury was caused by someone other than your own employer, you may have a substantial third party claim as well as a workers compensation claim. In New York State, when construction is being done at a job site, the law makes the owner of the job site and the general contractor responsible for the negligence of subcontractors. It matters not whether the owner or general contractor actually contributed to the accident. The legislation was passed to urge owners and general contractors to closely supervise safety issues on job sites.

If I slip and fall on a foreign object at a commercial or living premises, do I have a lawsuit?

Perhaps. In order to prove the liability of the owner or operator of the premises, it is necessary to come forward with evidence of notice. The injured party must show that the owner or operator of the premises had actual notice of the dangerous condition, or in the alternative, constructive notice. Constructive notice means that the condition existed for a substantial period of time such that the owner or operator should have observed the dangerous condition and removed it. If you or someone you love has been injured in a slip and fall accident, our injury attorneys can determine whether those responsible may be held liable for damages. Contact our office serving the Bronx, Brooklyn, Staten Island, and other areas throughout New York for more information.

What should I do if I am involved in a motor vehicle accident?

Stay calm and carefully move the vehicles involved in the collision to the side of the road or a safe place. Make sure to copy down the name and address of the owner from the other car’s registration and the name and address of the operator from the other driver’s license. Also, make a note of the other vehicle’s license plate number. If emergency medical assistance is needed, call 911 and be sure to accurately describe your location and the nature of your injuries. Do not discuss the accident with anyone except your attorney.

How much car insurance must a car owner carry?

New York law requires that motorists carry a minimum of liability insurance in the amounts of $25,000 for bodily injury to each other person, $50,000 for bodily injury to all persons in the accident, and $10,000 for property damage in any one accident. A motorist must also carry a minimum of $50,000 of no-fault insurance coverage (also known as “personal injury protection” coverage). Higher policy limits for all these types of coverage may be purchased at the discretion of the policy owner.

What is the difference between no-fault insurance and liability insurance?

No-fault insurance coverage provides payment for medical expenses, lost wages, and certain other expenses of a driver, passenger, or pedestrian injured by the owner’s car. Liability insurance provides payment to other people for injuries and/or property damage caused by the operation of the car.

Is every person driving or riding in a car entitled to the no-fault insurance benefits if they are injured in that car?

No. A person may be excluded from receiving no-fault benefits for several reasons, including driving while intoxicated, intentionally causing an accident, sustaining injury while committing a felony, or while racing the vehicle. And, of course, if the owner of the car did not purchase no-fault coverage (in violation of the law), no benefits are available.

Does the no-fault law apply to operators and passengers of motorcycles?

No. The no-fault law does not apply to owners, riders, or passengers of motorcycles, and thus no-fault benefits are not available to those injured on a motorcycle. On the other hand, because the no-fault law does not apply to motorcyclists, those injured in a motorcycle accident do not have to prove that they sustained a “serious injury” before they are entitled to sue the responsible driver for pain and suffering. At Weiser & Associates, our injury attorneys are dedicated to helping residents of the Bronx, Staten Island, and other areas throughout New York who’ve been injured in all types of vehicle accidents. If you or someone you love has been injured on a motorcycle, contact us today to find out how we can help.

Can a no-fault insurance carrier deny or terminate benefits?

Yes. No-fault insurance carriers typically investigate claims to ensure that medical expenses, wage loss, and other claims are legitimate and/or medically necessary. These investigations can include conducting an examination under oath of the claimant, having the claimant submit to a physical examination, and review of treatment records. The insurance carrier may then deny, terminate, or limit the no-fault benefits based upon this investigation. For example, if the no-fault insurance carrier was paying the medical expenses of physical therapy, it could terminate those payments if it determined at some point that the physical therapy was no longer medically necessary. If no-fault benefits are denied, terminated, or paid late (after 30 days), the claimant has the right to file a complaint with the New York State Insurance Department or to request an arbitration of that action or inaction.

Contact Our Injury Attorneys for More Information

Weiser & Associates’ injury attorneys are available to answer legal questions from residents of the Bronx, Brooklyn, Queens, Staten Island, Manhattan, and other areas throughout New York. If you have a personal injury question or if you would like to schedule a free consultation, please call (212) 213-3111, or submit your request via e-mail. We will respond shortly after reviewing your information.