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Frequently Asked Questions
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What are my rights as an accident victim?

As a client of Spektor & Associates, you have the right to be treated with courtesy and consideration at all times by your lawyer and office staff. You are entitled to legal representation that is competent, diligent, and meets the highest standards. Your lawyer must provide independent professional judgment and undivided loyalty, free from conflicts of interest. You have the right to a clear explanation of legal fees and billing, prompt responses to your inquiries, and regular updates on your case. Your privacy and confidentiality are also protected to the fullest extent permitted by law.

How much are your attorney’s fees?

Spektor & Associates charges a standard 1/3 contingency fee basis for its work on accident injury cases. We only get paid our legal fees if we win your case. At the client’s option, we front all of the litigation and processing expenses for the case, which are reimbursed to the firm when your case settles, or after a successful trial and judgment. Should you elect to retain Spektor & Associates as your attorneys, additional questions about legal fees and expenses can be explained in greater detail by Gregory Spektor when you meet with him in person.

Do I owe my previous lawyer money if I switch to Spektor & Associates?

Your previous lawyer may be entitled to a portion of the initially agreed upon contingency fee that is determined on a quantum meruit basis. This is the legal way of saying the previous attorney obtains the amount that reflects the reasonable value of services rendered to you. However, the total agreed upon contingency fee will never increase.

On average, how long does it take before a settlement/trial is reached?

A typical injury case could take about a year or more from the date of accident to settle if the injuries are obvious and there’s no need to litigate the case in court. However, if your injuries are severe and/or non obvious and the insurance company is unwilling to compensate you fairly for your injuries, then commencing a lawsuit could add significant time, often years, to your waiting period for the case to end. It’s important to have an aggressive attorney like the attorneys from Spektor & Associates who know how to negotiate well and settle your case quickly.

Is my information kept private?

Yes. 100%. Your confidentiality is protected by our office. We abide by the Rules of Professional Responsibility of the New York Bar Association and all client communications with us about your case are kept strictly confidential. We have your back.

Personal Injury FAQ

Q: Will My Personal Injury Case Go to Trial?
A:

There is a chance that your case involving a personal injury will go to trial, but most cases involving personal injuries are negotiated outside of court. If the parties can agree to settlement negotiations, a trial may not be necessary. On the other hand, if a compromise cannot be achieved, a trial may be required. It is essential to remember that going to trial can be a procedure that takes a long time and costs a lot of money. A competent New York personal injury attorney can assist you in determining whether or not going to trial is the right course of action for your particular case.

Q: Do Pain and Suffering Include Medical Bills?
A:

Damages for pain and suffering are meant to compensate for the physical pain and emotional stress an accident victim has had to go through. These damages differ from medical bills, which are meant to cover the cost of injury-related medical care. Damages for pain and suffering can be given on top of medical bills, but they are not meant to pay for medical care.

Q: What Questions will be Asked in a Deposition?
A:

During a deposition, attorneys from both sides of a dispute will provide questions to a witness or party while the witness or party is under oath. These questions and answers will be recorded in a later court proceeding. It is possible that the questions asked will differ from case to case. Still, in general, the questioning will focus on obtaining information and evidence relating to the matter in issue. Questions concerning the accident or injury, the medical treatment received, and any past injuries or medical issues are examples of inquiries that could be asked in a personal injury case.

Q: Can a Personal Attorney Help?
A:

If you’ve been hurt in an accident, hiring a lawyer specializing in personal injury law can assist you in many ways. They can conduct an investigation into your claim, collect evidence, negotiate with insurance companies, prepare documentation, and represent you in court if necessary. An attorney will not only be able to assist you in understanding your legal rights and options, but they will also be able to provide you with advice regarding the best action to take based on the specifics of your situation.

Q: Can I File a Civil Lawsuit Without an Attorney?
A:

Although bringing civil action without legal representation is possible, doing so is strongly discouraged. A thorough understanding of legal procedures, evidence, and argumentation is necessary to successfully navigate the complexities that can arise during civil disputes. Your best chances for success in court lie with an experienced attorney who can guide you through the system and advocate on your behalf.

Auto Accidents FAQ

Q: Will my insurance rates go up after an auto accident?
A:

It depends on several circumstances, such as the accident’s severity, the person or people who were at fault, and the policies of your insurance carrier. After being involved in an accident, your insurance premiums can increase if the accident is your fault. If you were not at fault, your rates might not increase. It is always in your best interest to check with your insurance provider to better understand their particular policies.

Q: Can I recover damages for emotional distress after an auto accident?
A:

After an auto accident, you may be able to pursue financial compensation for the mental anguish you’ve endured under certain circumstances. However, emotional distress claims can be difficult to prove, and you may be required to present evidence such as medical records or testimony from mental health professionals.

Q: What if the other driver's insurance company offers me a settlement?
A:

If the insurance company for the other driver is giving you a settlement, it is imperative that you give the offer great consideration before agreeing to accept it. Make sure to check the conditions of the settlement and confirm that it covers all damages and expenses related to the accident. It’s often a good idea to consult an injury attorney before accepting any settlement offer.

Q: What should I do if the other driver leaves the accident scene?
A:

If you are involved in an accident, and the other driver flees the collision scene, you need to contact the police as soon as possible and report the incident. Be sure to offer as much information as possible about the other vehicle, including the license plate number, the make and model, and any distinguishing features the vehicle may have. Take pictures of the accident scene, and any damage done to your vehicle if you can.

Q: Should I talk to the other driver's insurance company?
A:

It is generally not recommended to speak directly with the insurance company of the other driver unless you have first consulted with your insurance provider or an attorney about the matter. The other driver’s insurance company may try to obtain information that could be used against you in a claim, so it’s best to have a professional handle any communication.

Q: What Are The Auto Accident Statistics in New York City?
A:

The latest auto accident statistics in New York City come from the New York City Police Department’s (NYPD) 2021 Year-to-Date Collision Report. As of March 20, 2023, there have been 29,309 motor vehicle collisions in New York City this year, resulting in 57 fatalities and 16,288 injuries.

Of the total collisions, 11,616 involved property damage only, while 17,693 resulted in injury or death. The report also indicates that the majority of collisions occur in the Bronx and Brooklyn, with Queens following closely behind.

Additionally, the NYPD reported that pedestrian and cyclist fatalities remain a concern in the city. As of March 20, 2023, there have been 44 pedestrian fatalities and 19 cyclist fatalities, accounting for 91% of all traffic fatalities.

It is important to note that these statistics are subject to change as the year progresses and the NYPD updates its data.

Uber/ Lyft Accidents FAQ

Q: If I’m Hit by An Uber Driver, How Do You Determine How Much I Should Get?
A:

Suppose you are involved in an accident with an Uber driver. In that case, the compensation you receive will be determined by several variables, including the seriousness of your injuries, the expense of your medical treatment, and the degree to which your vehicle was damaged. You may be able to receive compensation for your property damage, as well as your medical expenses, missed wages, and pain and suffering. You may need the assistance of an experienced personal injury attorney to calculate the correct amount of compensation that you are entitled to receive in light of the circumstances surrounding your case.

Q: I’m An Uber Driver, and Another Vehicle Crashed Into My Car. What Do I Do?
A:

Suppose you are driving for Uber and are involved in an accident with another vehicle. In that case, your priority should be to check on the well-being of everyone involved in the collision and to contact the authorities if they are required to do so. You must take photos of the damage and exchange information with the other driver to properly document the collision. If any of your passengers sustain injuries due to the collision, you must notify Uber of the incident and seek medical assistance for your injured passengers. In the end, you need to report the collision to your insurance provider and Uber’s insurance company.

Q: How Do Rideshare (Uber and Lyft) Drivers Pay Taxes?
A:

Rideshare drivers, including Uber and Lyft drivers, are considered independent contractors, which means they are responsible for paying their taxes. This includes taxes on income, taxes on self-employment, and any other taxes that may be required based on the location of the individual or business. When submitting their taxes, rideshare drivers must declare their income and expenses to the IRS using a Schedule C form. Additionally, Uber and Lyft provide their drivers with annual tax summaries and access to tax preparation resources to help them accurately report their income and expenses.

Q: If an Uber Driver hits me, What Types of Damages Can I Get?
A:

If you are hit by an Uber driver, you may be able to recover various types of damages, such as economic damages, non-economic damages, and punitive damages. Economic damages include medical bills, lost wages, and property damage, while non-economic damages include pain, suffering, and emotional distress. If the Uber driver was intentionally or recklessly negligent, the court might decide to award punitive damages. These damages are intended to both punish the driver and discourage similar behavior in the future.

Q: I Was in an Accident with An Uber Driver; What Do I Do?
A:

If you are a passenger in an Uber vehicle involved in an accident, the priority is to seek medical attention for any injuries sustained. If feasible, you should document the accident by taking photos of the damage and exchanging information with the Uber driver and any other drivers involved. You should also report the collision to Uber and your insurance carrier. Also, you should talk with an attorney who can assist you in determining the necessary steps to take next.

Q: What Are Ride-share Accident Statistics in New York City?
A:

According to the New York City Taxi and Limousine Commission’s 2019 Safety Report, there were a total of 3,614 reported crashes involving for-hire vehicles (including taxis, black cars, and ride-sharing services) in New York City. Out of these crashes, 1,059 resulted in injuries, and 10 were fatal.

The report also indicated that ride-sharing services, such as Uber and Lyft, were involved in a higher proportion of injury-causing crashes compared to traditional taxi services. Specifically, ride-sharing services were involved in 37% of injury-causing crashes, while taxis were involved in 27% of such crashes.

However, it is important to note that these statistics only reflect reported crashes and may not accurately represent the true number of accidents involving ride-sharing services in NYC. Additionally, the COVID-19 pandemic may have affected ride-share usage and accident rates in 2020 and beyond.

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