Frequently Asked Questions

The first thing you need to do is secure yourself. Ensure that no further harm comes to you by removing yourself from danger. If you were in a motor vehicle accident and you can move, get as far from the vehicle as possible since it might burn up or even explode. If you it is a slip and fall accident, however, moving immediately may be unwise, since you may have suffered a fracture that may be exacerbated by sudden movement. Call for help immediately. Paramedics and first responders are trained on the proper procedures of moving potentially injured people and they will be able to relocate you safely. Of course, if you are in immediate danger and moving away is the best course of action, then you should do it. The important thing is to secure yourself. 

The next thing is to document the accident. If you are able to, gather as much evidence as possible. Photo and video documentation will help you file your insurance claims, and will come in useful in court should a lawsuit be necessary. 

Yes. You should be extremely cautious before accepting any settlement without legal counsel. You need to remember that insurance adjusters work for the company, not for you. When you accept their check and sign a release, you permanently give up your right to sue. Even if your injuries worsen later or you discover additional damages.

A personal injury attorney can:

• Determine the true value of your case based on liability, future medical needs, and established pain and suffering precedents
• Evaluate whether the offer fairly compensates you for both current and future losses
• Negotiate on your behalf for maximum compensation

Remember: under New York law, your attorney must communicate all settlement offers to you, so you maintain complete control over the final decision while benefiting from professional guidance.

It depends on the nature of the accident which caused the injury. For motor vehicle accidents, since New York is a no-fault insurance state, you need to meet the ‘serious injury threshold’ before you can sue for additional compensation from the offending party. Under New York Insurance Law § 5102(d), your injury must fall into one of these categories:

• Death, dismemberment, or significant disfigurement
• Fracture or loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined injury preventing you from performing substantially all daily activities for at least 90 of the first 180 days after the accident

If your injury doesn’t meet this threshold, you’re generally limited to No-Fault benefits for medical bills and lost wages. However, this threshold applies specifically to motor vehicle accidents. If your injuries were caused by a slip-and-fall, construction accident, or other negligence cases, you may be able to sue even if your injuries are not serious or extreme. 

The Porter Law Group can review your medical records to determine whether your injuries qualify and advise you on the best path forward.

New York’s statute of limitations sets strict deadlines. Missing these deadlines means your case will be permanently dismissed:

Personal Injury (car accidents, slip-and-falls): 3 years from the accident date

Medical Malpractice: 2.5 years from the malpractice or end of continuous treatment

Claims Against Government Entities (NYC, municipalities): Notice of Claim must be filed within 90 days, with lawsuit typically filed within 1 year and 90 days

Toxic Torts: Deadline begins when you discover the injury, not when exposure occurred

Don’t wait until the last minute. Building a strong case takes time.

New York law allows you to recover two main types of compensation or ‘damages’:

Economic Damages cover your financial losses:

• Past and future medical expenses
• Lost wages and loss of earning capacity
• In car accidents, amounts exceeding the $50,000 No-Fault “Basic Economic Loss” limit

Non-Economic Damages compensate you for:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress

(Note: In car accident cases, you must meet the “Serious Injury” threshold to recover non-economic damages.)

Additional Claims:

Spouses may have a derivative claim for loss of consortium (loss of services, society, and companionship)

Every case is unique, but value is determined by three key factors:

1. Liability (Fault): New York follows “pure comparative negligence”, which means you can recover damages even if you’re partially at fault, but your award is reduced by your percentage of responsibility. For example, if you’re 30% at fault and damages total $100,000, you’d receive $70,000.

2. Damages: The severity of your injuries and extent of economic losses. Cases must meet the “Serious Injury” threshold for car accidents to recover pain and suffering damages.

3. Insurance Coverage: The defendant’s available policy limits often cap practical recovery amounts.

The Porter Law Group provides honest case evaluations based on our extensive experience with New York personal injury verdicts and settlements. We’ll review your specific medical records, liability evidence, and insurance coverage to give you a realistic assessment of your case’s value.

You pay nothing upfront. Porter Law Group works on a contingency fee basis, which means you only pay if we win your case.

In most cases, our fee will be a percentage of your recovery. New York law provides that an attorney’s contingent fee in a medical malpractice action shall not exceed the following:

• 30% of the first $250,000 recovered;
• 25% of the next $250,000 recovered;
• 20% of the next $500,000 recovered;
• 15% of the next $250,000 recovered; and
• 10% of any amount recovered over $1,250,000.

The percentages above are computed on the net sum recovered after deducting our out-of-pocket expenses and disbursements for such things as court filing fees, medical records, and expert testimony.

This means you have access to experienced legal representation regardless of your financial situation. We only succeed when you do, so we will make sure that you get the best compensation possible for all your injuries and losses. 

You do. Under New York Rules of Professional Conduct, the final decision to accept or reject a settlement offer rests entirely with you.

The Porter Law Group will provide strong recommendations based on our experience, the strength of your evidence, and our assessment of likely trial outcomes. We’ll explain the risks and benefits of settlement versus trial in clear terms. However, we work for you. And you maintain complete control over all major decisions in your case.

We’ll never pressure you to accept a settlement that doesn’t adequately compensate you for your injuries and losses.

Your consultation is completely confidential. Under New York law, anything you tell us during the consultation is protected by attorney-client confidentiality, even if you don’t hire us.

During the consultation, we will:

• Listen to your story and answer your questions
• Review your documentation and evidence
• Explain your legal rights and options
• Provide an honest assessment of your case
• Discuss next steps if you choose to move forward

To make your consultation most productive, please try to bring:

• Police accident report (Form MV-104)
• Your insurance declaration pages
• Photos of the accident scene and your injuries
• Medical records, bills, or discharge papers
• Any correspondence from insurance companies

But don’t worry if you don’t have everything. We can help you obtain missing documentation. The most important thing is to contact us as soon as possible.

There is no reliable “average” settlement figure, and any attorney who quotes one should be viewed skeptically. Settlement amounts are private contracts that vary dramatically based on:

• The specific nature and severity of injuries
• Available insurance policy limits
• Strength of liability evidence
• Future medical needs
• Lost earning capacity

A minor soft tissue injury might settle for $25,000, while a traumatic brain injury case could result in a multi-million dollar settlement. Published jury verdicts don’t reflect the vast majority of cases that settle privately before trial.

The Porter Law Group provides individualized case evaluations based on your specific medical records, the defendant’s insurance coverage, and our extensive experience with New York personal injury cases. We’ll give you realistic expectations, not false promises, about what your case is worth.