Faq’s

Our firm will handle your brain injury action without any payment of attorney’s fees from our clients. We handle matters with a contingency fee arrangement which means that our firm will receive a percentage of the recovery we are able to obtain on behalf of our clients. The fee to the lawyer is dependent or contingent upon a successful resolution of our client’s case and is paid at the conclusion of the case. The New York Appellate Division has approved a 33 and 1/3rd percentage contingent compensation for personal injury matters.

A trauma to the brain can in fact cause a seizure disorder and or epilepsy. This is true whether the initial trauma was mild, moderate, or severe.

A seizure is an explosion in the brain. A person’s cerebral activity is regulated by electrical impulses which are sent when the nerves in the brain fire charges that pass from one nerve cell to another. When a seizure occurs, the nerve cells cease to fire properly and instead fire with sudden, short and intense energy.

What is Epilepsy?

Epilepsy is a recurrent condition of seizures. It is used to describe when someone has multiple seizures.

How long after an accident can seizures or epilepsy occur?

A seizure disorder or epilepsy can develop at any time following head trauma ranging from immediately after an accident to one day, a few weeks, or even more than one year later.

Are there different types of seizures?

Yes. Usually a seizure will start in a specific location within the brain and then it may or may not travel to other areas of the brain.

  • What is Grand Mal seizure?
    When a seizure starts in one part of the brain and then spreads to other areas of the head, it is called a generalized or grand mal seizure.
  • b. What is a partial seizure?
    A seizure where only a small area of the brain is affected.
How is a seizure disorder or epilepsy diagnosed?

An EEG, is a medical test used to measure the electrical activity in the brain. However, the electrical firing of the brain may be normal at the time when the EEG test is taken prompting a doctor to order a 24 hour continuous EEG or further medical testing.

How soon must I hire an attorney to file my traumatic brain injury case for me?

In general, you have only two years to have one of our experienced New York City personal injury attorneys to file your lawsuit. However, it’s never wise to wait very long since critical evidence can be easily lost or misplaced. It can also become harder to locate possible witnesses who might be able to support your version of the events leading up to your accident.

Should you need for us to file a wrongful death lawsuit on behalf of a close family member who died due to a TBI-related accident, you will have three years to file your lawsuit. However, it’s never wise to postpone filing this type of case since delays usually make it harder to present all the most compelling evidence available on your behalf.

How exactly do you define a traumatic brain injury (TBI)?

A TBI is usually described as any forceful blow to the head – or a serious jolt or bump to it – that’s strong enough to interfere with normal brain functioning. Even shaking someone hard by the shoulders can cause a TBI in some situations.

What are the most common causes of traumatic brain injuries?

People frequently suffer this type of injury due to falls, motor vehicle accidents, assaults, being hit by heavy objects, specific types of medical malpractice – or when fighting in military war zones.

What can I do to protect my rights after a bus accident ?

Bus Accidents can turn into very complex time consuming litigation. After an accident with a bus, it is important to document what happened. Make sure to speak with the police officers at the scene to confirm you were included as part of the police accident report. If you are seriously injured, make sure to go to the hospital. It is a good idea to take photos using a cell phone of the accident scene, vehicles involved, and any visible injuries sustained. Most importantly, contact an experienced bus accident lawyer to begin a thorough investigation and handling of the case right away. The F&A bus accident lawyers can be reached at (212) 222-1111 or (866) ATTY LAW.

If I am injured or a family member is killed while a passenger on a bus, who should we sue ?

Usually the responsible parties should be sued by filing a Summons and Complaint. It is important to obtain the police report and conduct a complete investigation to determine all of the potentially responsible parties who may be at fault. This could include the bus driver, bus company, other vehicle owner and operators involved, as well as other entities.

What should I do at the scene of a bus accident before leaving ?

At the scene of a bus accident, you should

  • Call 911 so the police will come to the accident location
  • Take an ambulance to the hospital if you are hurt
  • Take photos of the license plate #s of the bus and other vehicles involved as well the accident scene and physical injuries
  • Stay at the location of accident until police arrive. Leaving the scene of an accident is a crime
  • Notify your insurance company
  • Do not admit fault
Is there a time limit to bring a claim against a bus company ?

There may be certain time limits involved. If the bus is a New York City Transit Authority or Metropolitan Transportation Authority (“MTA”) bus, a Notice of Claim must be filed within ninety (90) days of the accident. A lawsuit must be filed within one year and 90 days. With respect to the No Fault or Personal Injury Protection (PIP) benefits, a No Fault application known as an NF2 form must be filed within thirty (30) days of the accident to ensure your medical bills are paid.

What should I do if someone from the bus company or their insurance carrier calls me ?

If you have hired an attorney, tell them so. Do not speak with them and tell them all communications should go through your lawyer. If you have not yet hired a lawyer, do not make any statements and do not agree to a recorded statement. Do not sign any documents. Contact a bus accident lawyer at the F&A injury law firm at (212) 222-1111.

Is there anything I should do in the first few days after a bus accident ?

If you hired a lawyer, they may do most if not all of the items for you. You should:

  • Obtain the police report from the local precinct who made the accident report
  • If your vehicle was damaged, ask your insurance company to send a property damage appraiser to give you an estimate of the cost to repair your vehicle
  • Keep a log or journal including the names and contact information for all medical providers you saw including all visits with dates of treatment. It may also be a good idea to jot down your complaints of pain. Keep copies of any diagnostic test results such as an MRI, X-ray, or CT-scan as these will help explain your medical diagnosis.
  • Keep a copy or list of your expenses incurred out of pocket due to the bus accident
  • Keep a record of days missed from work so you can file a claim for lost wages
  • Keep a journal or diary describing how the accident has impacted your life – what activities did you have to stop doing because of the injuries sustained.
Ten Things To Do After a Car Accident
  • Get out of Your Car and Call the Police ! Leaving the scene of an accident is a crime! If anyone is injured, dial 911 for an ambulance. Ambulance EMS personnel and police usually arrive together.
  • Don’t move your car unless you have to because of danger. The position of a vehicle after impact will allow the police to better understand who was at fault.
  • Exchange driver’s license, registration, and insurance information with the other driver. If the police arrive, they will take insurance information from each motorist separately and enter the information on a police report. You should obtain the police officer’s precinct, badge #, and accident report # . However, if police do not arrive ask the other driver for 1) drivers’s license 2) vehicle registration 3) insurance card. If they refuse, write down their car’s LICENSE PLATE number and STATE.
  • Do not make any statements to the other driver. Try not to argue even if the other person starts an argument. You can explain your version of what happened to the police officer.
  • Attempt to obtain the name, address, and telephone number of any eyewitnesses who saw the accident take place.
  • Go to the hospital or to your primary care doctor. Tell the doctor every complaint and symptom so everything is documented. Often times an injury will develop weeks or months later and insurance company’s often argue the injury is unrelated if the patient did not complain about it at the hospital emergency room.
  • Call your insurance company and let them know you’ve had an accident. Failure to do so timely may allow them to disclaim coverage, meaning they will refuse to pay for the claim.
  • Take photographs of the position of the vehicles, damage to the cars, skid marks, and of any visible injuries.
  • If you think the other driver is drunk, tell the police officer and ask him to administer a sobriety test.
  • Call the car accident lawyers at Frekhtman & Associates for a consultation. We want to help you and all of our services are free of charge. The legal fee is a percentage of the money we win at the end of the case.
    Should all accident victims always go see a doctor on the same day they’re injured or can they wait a few days or weeks?

    For health reasons, you should always immediately go to an emergency room to have your condition fully evaluated. People are often in shock after an accident and may be unaware of all the serious whiplash and other injuries they have incurred. The X-rays and other tests run will also help us later document that all your current physical complaints and injuries were directly caused by the car accident. Waiting even a few days makes it easier for the other driver’s insurance company to claim that at least some of your current physical ailments may be due to another intervening event or accident – perhaps even one when you weren’t the driver.

    What type of accident paperwork should I bring to my first appointment with my personal injury attorney?

    If possible, obtain a copy of the police report that documents your accident. It’s always best to call the police and politely insist that they come to any accident scene so they’ll create a formal record of what happened. When they arrive, they may take photographs and ask you and the other driver questions about what caused the event.

    Is it okay for me to speak over the phone with the other driver’s insurance company?

    No. Do not speak at length with them. Instead, tell them they must directly contact your lawyer. Most of those types of calls are taped and you’ll usually be asked misleading questions in hopes that you’ll admit or imply that you may have caused the accident.

    Why is your law firm the best one to handle my NYC car accident case?

    A large percentage of our caseload involves personal injury car accident cases. Over the years, we’ve developed the experience required to negotiate the maximum amount of compensation available in car collision cases. We hope you’ll visit our “Verdicts and Settlements” page (click here) to learn more about how much we’ve won for other car accident victims. After fully investigating your case, we’ll then aggressively negotiate with the other driver’s insurance company on your behalf. If necessary, we’ll then file a lawsuit and fight in court to win a jury award that will fully compensate you for all your losses.

    Can cases like mine be settled quickly? Do most of your cases settle within six months or a year?

    Every case is different. Some clients require lengthy medical treatments, followed by extensive rehabilitation therapy. We must wait until these are over so we can properly assess the full extent of your injuries and expenses. Only then can we develop a comprehensive settlement request to send to the other driver’s insurance company.

    However, please know that we’ll move forward as quickly and efficiently as we can with your case. We understand that you’re eager to either return to work or resume the everyday tasks and duties you found most meaningful before you were injured. Feel free to stay in close touch with our office so we can regularly update you on the status of your case.

    What will the funds I receive cover in terms of all I’ve lost due to my accident injuries?

    New York law entitles you to recover for: (1) all your past and future medical expenses incurred directly due to the accident; (2) all lost wages; (3) your pain and suffering; (4) all rehabilitation expenses; and (5) all other out-of-pocket expenses like transportation costs for getting to and from all medical treatment and rehabilitation appointments. Depending on the specific facts of your case, your New York City personal injury attorney will tell you if you’re eligible to recover any other types of compensation. (For example, if this case was filed after a close family member died due to the accident injuries, you should also be able to recover for all reasonable funeral expenses).

    Since I have carried PIP (personal injury protection) insurance, won’t my insurance company have to give those funds to me to help cover all my expenses – especially since the other driver who caused the accident carried so little coverage?

    In most cases they will give you those funds. However, they can refuse to pay out any of it if there’s clear proof that you were driving under the influence of either drugs or alcohol at the time of the crash. Likewise, if they can prove that you were in the process of committing a felony at the time of the accident, your insurer will use that as a valid reason for not paying out your PIP funds.

    Will my insurance rates go up, even if I’m not found at fault for any part of the accident?

    If you have a clean record without any recent accidents, most insurance companies will want to keep your business and avoid raising your rates. However, they may raise them to some extent if you need to access all or most of your PIP insurance. Of course, what’s most important is obtaining all the funds you require to get the medical treatment you need and enough to either fix your car or purchase another one.

    Who is at fault if a car made a left turn directly in front of my motorcycle as I was riding straight ahead with a green light ?

    Usually the car that makes the left turn will be at fault because there is a duty to observe traffic and not to begin turning unless it is safe to do so. If the car turning left had a left turn arrow then liability would be unclear but this would mean the motorcycle would have a red light.

    What types of compensation can I receive after a motorcycle accident ?

    You can receive compensation for different categories of damages including:

    • Past & Future Pain & Suffering
    • Lost Wages
    • Medical Bills & Related Out of Pocket Expenses
    • Property Damage to your motorcycle
    • Cost of Future Medical Care including physical therapy, surgery, and others
    What if the car that hit me has no insurance ?

    You can file an uninsured motorist (“UM”) claim against the motorcycle’s (your own) insurance. You should have a portion of your insurance marked as UM with policy limits for this type of coverage. A UM claim is usually resolved via arbitration.

    What Can I Do As A Biker To Prevent A Motorcycle Accident ?

    Avoid dangerous activity such as tailgating vehicles or following too closely. Maintain safe speeds and obey the speed limits. New York State law requires motorcycle riders to wear a helmet and for motorcycle headlights to be turned on at all times to improve visibility. The State of New York offers a safety program for motorcycle riders.

    What types of motorcycle accidents are most common ?

    There are a number of factors that can contribute to a motorcycle accident. Some of the most common types of accidents happen with other motorists fail to observe a motorcycle due to poor visibility, lack of attention, lane splitting or lane sharing, or other reasons. Defective roadway conditions and bad weather also play a role in motorcycle crashes.

    Can I still recover money if I did not wear a helmet in a New York motorcycle accident ?

    Yes, wearing a helmet will not prevent you from recovering compensation in a motorcycle accident case especially if you were not at fault. For example, a car that strikes a helmetless motorcycle rider in the rear will still be liable. However, the amount of damages received may be reduced by failure to wear a helmet which defendant’s will argue could have prevented the injuries.

    What is the New York State Helmet Law ?

    New York State has a law making it mandatory for all motorcycle riders to wear a helmet. This includes motorcycle operators and passengers. Wearing a helmet will provide added safety protection and reduce the risk of serious injury or death. A National Highway Traffic Safety Administration study confirmed that of the all motorcycle riders killed in accidents that did not hear a helmet, nearly 40% of those deaths would not have occurred had they been wearing a safety helmet.

    Am I allowed to receive compensation for my motorcycle accident injury ?

    Yes, injured motorcyclists in New York State may be able to obtain monetary compensation for their injuries, medical bills, lost wages, and other damages. The first question is who is at fault. If the motorcycle rider can prove the other vehicle was at fault, then he or she stands a strong chance of receiving compensation for their damages. There are many short deadlines and complex legal issues. Therefore it is best to speak with a New York motorcycle accident lawyer as soon as possible after an accident.

    What should I do after a motorcycle accident ?

    Get medical help by going to the hospital in an ambulance if you are injured. If the injury is less severe, go to an urgent care or to your primary doctor. Make sure to contact the police so a report of the incident can be made. Contact the motorcycle accident lawyers at F&A for a complete and thorough investigation into your accident.

    What is the best way motorcycle riders can protect themselves ?

    Always use all safety equipment such as helmets, gloves, eye protection, motorcycle jacket, and proper boots. Obey all traffic rules, be aware of what is going on around you, and practice safe defensive driving.

    Is there a time limit to bring a lawsuit in New York?

    For personal injury actions, the statute of limitations (SOL) is three years from the date of accident/injury. For cases involving the City of New York, New York City Transit Authority or other municipalities, a Notice of Claim must be filed within 90 days of the accident and a injury lawsuit filed within 1 year and 90 days. For wrongful death, the time limit is 2 years from the date of death. For medical malpractice, the time limit is 2 years and 6 months from the date of the malpractice. Of course you should consult with an experienced attorney as there are other time limits and sometimes certain tolls which extend the statute of limitations.

    What damages can I obtain for my injury?

    One of the most common element of damages is compensation for conscious pain and suffering including past and future. In addition, damages may also include medical bills, property damage such as that to an automobile in a car accident, lost earnings which are economic damages, and sometimes emotional trauma resuling from a personal injury.

    How do I know if I have a good case?

    If you suffered an injury to your person which was because of someone else’s fault or negligence, you will usually have a case. However, there are many factors that need to be considered. That is why contacting an attorney and describing what happened is the best way to find out. We offer a free consultation at (866) ATTY – LAW.

    What will I have to prove to win my case?

    At trial, you and your lawyer will need to show two things:

    Liability – who is at fault? The legal jury will assign a percentage of fault to each party. For example if two cars collide with each other and each driver says the other ran a red light the jury can sometimes believe one side and say driver was 1 was 0% at fault and driver 2 100% or they can split it 50-50 or any other degree of fault.

    Damages – injuries or losses resulting from the accident. These include showing a medical diagnosis of injury, a prognosis of how the injury will affect you in the future, and several other types of damages such as loss of earnings, wages or future medical expenses and care.

    How Are Injury Lawsuit Damages Determined?

    If the insurance company and injured party cannot come to an agreement, and a lawsuit is needed to determine the amount of compensation, the award will be determined by a jury after a trial. The damages awarded will be highly dependent on many factors and will vary greatly from case to case.

    It’s always best to hire an experienced New York City personal injury attorney to help you handle your truck accident claim. We’re able to research all the state and federal laws that govern lawful truck driving activity and can make sure the driver who hit you was in full compliance with all applicable laws.

    Our firm’s staff also includes investigators and experts who help us analyze the basic facts of your case so we can present a demand for full compensation to the liable truck driver’s insurance company. We want to help you recover for all your pain and suffering, lost earnings, past and future medical expenses, and other losses. Having an attorney advocate for you is also important since large trucking companies often try to make it very difficult to negotiate fairly with them. Our experience helps us negotiate properly with them and move your case along toward completion.

    Like most states, New York has a statute of limitations that dictates the timetable for properly filing this type of lawsuit. In general, an injured party has three years to file from the date of the accident. However, if your loved one passed away in this type of accident, you will need for us to file a wrongful death lawsuit on your behalf – this type of case must be brought within two years from the date the injured party dies (directly due to injuries caused by the accident.

    There’s still another filing deadline that may apply – if you were hit by a truck that is owned by a city or other government entity – you may be allowed even less time to file your truck accident insurance claim. Your lawyer can readily explain which deadline applies to your case during your initial consultation.

    You will only owe us legal fees if we win your case – and we will subtract our legal fees and costs (these are all fully explained in our initial contract with you) from any lump sum awarded to you. We will be covering the costs of the lawsuit for you before it’s settled or before we try to win it in court. Once you receive an award, then we’ll recover all our fees and expenses.

    Being paid in this manner involves signing a contingency fee contract. We’re glad to do this for clients once we accept their cases since we know that most injured people cannot afford to pay us until their cases have been successfully resolved.

    Can you tell me during our first meeting how much my case is worth?

    No fully trustworthy lawyer can tell you this right away. It takes a bit of time to fully investigate the facts of a case and fully review all the medical records. We must also wait until your treating physicians have determined how much more treatment you may need in the future – so we can properly estimate your long-term medical expenses and other losses. However, please know that we will be ready to discuss with you how similar cases have been resolved in the past – with the understanding that every case is different. Some truck drivers’ insurance companies fight very hard to avoid paying very much to accident victims. Nevertheless, we know how to use the facts of each client’s case to the best advantage.

    How can I figure out if your law firm will view my injuries as serious?

    While we respond compassionately to all potential clients when they first contact us, we will need to evaluate the facts of your case to help you determine the likelihood that you can recover for most of your injuries and losses. For example, some clients come to us who believe that they are likely to be found at least partially liable for the accident. When that happens, we must then explain how New York’s comparative negligence law affects a partially liable plaintiff’s potential compensation.

    As for a more specific explanation of how insurance companies and others classify injuries as “serious,” we can tell you that the following results of an accident are nearly always viewed as serious.

    • Any loss of life
    • Amputation injuries
    • Disfigurement – especially the type that may require long-term corrective surgeries
    • Permanent disability. This is usually based on one or more major body part injuries – or damage to internal organs or systems (like the central nervous system)
    • Significant loss of bodily functioning – usually long-term or permanent Injuries so severe that the accident victim can no longer do any type of work – or handle any similar types of activities – like they could prior to the accident. This often means that the person may need to simply adjust to a far more sedentary life in the future.
    How long will it take you to either settle my case or win it at trial?

    While some cases are very straightforward and the defendant truck driver’s liability is clearly 100% — it often takes time to fully discover all the facts pertinent to any one case. For example, in addition to determining each party’s potential liability for an accident (you can still usually recover compensation when liable for only a small percentage of an accident), we must review all pertinent state and federal laws that govern commercial truck drivers – so we can be sure to plead all pertinent violations that the truck driver may have been committed that impact your case.

    Please know that our entire team of lawyers, paralegals, experts and others are always eager to help you recover for your losses as soon as possible. Yet it’s important to keep in mind that insurance companies often stall the process – frequently hoping that an accident victim will accept an early low settlement offer when they know the facts justify a much larger one. We will do all we can to move your case along as promptly as we can.

    Does an accident involving a commercial truck driver vary to any great extent from one simply involving another passenger car?

    These types of accidents often involve far more serious physical injuries due to the weight of many large trucks and big rigs – and the high speed at which many truck drivers travel. We also find that most truck drivers – even the small percentage who are independent contractors – work with trucking firms that employ high sophisticated legal teams to trying and discourage all accident victims from pursuing full compensation.

    Trucking firms know that they will likely face a certain number of accident claims each year and they’re very aggressive in how they try to frustrate injured party’s claims. Of course, some of these same tactics are employed when both drivers were in passenger vehicles. However, far more money is potentially at risk in the cases involving truck drivers since they are required to carry far higher insurance coverage amounts, often based on the nature of the goods or substances that they are transporting.

    Can your firm file a wrongful death case on my behalf since my husband was killed in an accident with a big rig?

    Yes. Our New York City personal injury lawyers are experienced professionals who are fully prepared to file a wrongful death claim after a party has died as a direct result of injuries sustained in a collision with a large truck. In general, this type of case can be brought on behalf of any immediate family member. The deceased person’s estate can also usually bring this type of lawsuit under certain circumstances.

    Who will make sure all my medical bills will get paid?

    Our firm has a highly responsible support staff of paralegals and other professionals who will stay in touch with you to be sure we’re receiving complete copies of all your medical records and bills. We will then handle the interactions with the healthcare providers who are treating you for all your injuries – knowing that they may not be paid until your case is successfully resolved.

    Frekhtman & AssociatesFrekhtman & Associates N/A(212) 222-1111

    30 Broad St.,
    New York,
    NY
    10004

    Open 24 hours (866) 288-9529

    60 Bay 26th St.,
    Brooklyn,
    NY
    11214

    Open 24 hours (718) 331-7700

    1791 Fulton St.,
    Brooklyn,
    NY
    11233

    Open 24 hours (718) 265-5522

    45 Rockefeller Plaza #2000,
    New York,
    NY
    10111

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    100-09 Metropolitan Ave,
    Forest Hills,
    NY
    11375

    Open 24 hours (718) 331-3330

    20 E 205th St,
    Bronx,
    NY
    10468

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