Utica Personal Injury Lawyer

Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront.

Your attorney covers all costs associated with your case, and you only owe a fee if they successfully recover compensation for you.

If your case is won or settled, the lawyer’s fee is typically a percentage of the total recovery—usually between 33% and 40%—which is agreed upon in advance. If your case is unsuccessful, you owe nothing.

This system ensures that legal representation is accessible to everyone, regardless of financial situation. It also aligns your attorney’s interests with yours—they only get paid if you do, giving them a strong incentive to fight for the maximum compensation possible.

In New York, you typically have three years from the date of the accident or injury to file a personal injury lawsuit.

If you don’t file your lawsuit within the three-year time period, you risk losing your ability to bring the case entirely.

There are certain circumstances under which the time period might be different, however, so make sure you discuss the specifics of your case with a qualified attorney.

In personal injury cases, there are two main categories of damages you might be able to recover: economic and non-economic damages.

Economic damages compensate for monetary losses, such as:

Medical bills
Rehabilitation costs
Out-of-pocket expenses
Property damage
Lost wages
Reduced income

Non-economic damages are harder to calculate and more personal in nature.

They compensate for damages like:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Disfigurement

In rare cases where the defendant’s conduct was particularly egregious, you might also be entitled to punitive damages.

Whether you have a personal injury case depends on many different factors. You must consider factors such as:

The severity of your injuries: The more severe the injury, the higher the potential compensation. Permanent or long-term injuries tend to result in larger settlements.

The long-term impact of your injuries: Injuries that have lasting effects on your ability to perform daily tasks or impact your future quality of life may lead to a higher settlement.

Medical bills: The cost of your medical treatment, including surgeries, hospital stays, physical therapy, and medications, can significantly affect your case’s value.

Lost wages: If you were unable to work due to your injury, you may be entitled to compensation for lost income, including future lost earnings

Liability: The extent to which the other party is at fault for the accident influences the case’s value. Clear-cut cases where liability is not disputed are generally worth more.

It is incredibly difficult to estimate how long your injury case might take. Personal injury cases can take anywhere from a few months to several years. Ultimately, the timeline depends on factors like:

The severity of injuries: The more severe or long-term your injuries, the longer it might take to value and know what your case is truly worth.

Evidence collection and investigation: It can take time to gather the evidence needed to support your case, such as medical documentation, witness statements, expert tesimony, and more.

The other party’s willingness to negotiate: If the insurance company cooperates, a case may settle quickly. However, if they delay or offer unfair settlements, negotiations can be delayed.

Court scheduling and trial: Courthouse schedules are often busy, and waiting on their legal processes can often take a significant amount of time if your case goes to trial.

To know how long your injury case is likely to take, speak with your lawyer. They can discuss the specifics of your case with you and help you understand the potential timeline.

New York follows a pure comparative fault rule. This means that even if you share some responsibility for the accident, you can still recover compensation.

However, the amount you receive will be reduced based on your percentage of fault.

For example, if you’re found to be 20% at fault for the accident, your total compensation will be reduced by 20%. So, if your total damages are $10,000, you’d receive $8,000 instead.
Even if you’re 99% at fault, you can still recover the remaining 1% of your damages.

This system is more favorable to accident victims compared to some other states, where you might not be able to recover anything if you’re found even partially at fault.

Negligence is the basis for most personal injury claims. To succeed in a negligence claim, you must be able to prove the following key elements:

Duty of care: The defendant had a legal obligation to act responsibly and avoid causing harm (e.g., drivers must follow traffic laws, and property owners must maintain safe conditions).

Breach of duty: The defendant failed to uphold their duty of care through negligence, recklessness, or misconduct.

Causation: This breach directly caused your injuries. You must establish a clear link between the defendant’s actions and the harm you suffered.

Damages: You sustained actual damages, such as medical expenses, lost wages, pain and suffering, or emotional distress.
Proving negligence requires strong evidence, including medical records, witness statements, accident reports, and expert testimony, which your attorney can help you gather.

The majority of cases settle in out-of-court negotiations before trial. This solution is often faster, less expensive, and less stressful than bringing a case to trial. However, there are situations when a trial may be a necessity. Factors that mean your personal injury case might be more likely to go to trial include:

The insurance company won’t offer a fair settlement: If the other party denies your claim or won’t offer what your case is worth, going to trial might be the best way to secure full compensation for your losses and injuries.

Liability is disputed: If the at-fault party denies they were responsible for your accident or blames you, you might need to take the case to trial to prove fault.

Damages are disputed: Sometimes, insurance companies downplay the severity of injuries or refuse to cover all medical expenses, lost wages, and pain and suffering. If the insurance company doesn’t agree with the dollar value of the damages you suffered, you might need to take them to court.