Frequently Asked Questions

After seeking medical attention, document everything — take photos, gather witness information, and preserve all evidence. Contact a personal injury attorney before speaking with insurance companies. An experienced lawyer can protect your rights from the start and help maximize your compensation.

New York personal injury cases typically take 1–3 years from filing to resolution. Factors include the complexity of injuries, amount of evidence, court backlog, and whether the case settles or goes to trial. Cases involving serious injuries or disputed liability often take longer.

New York's serious injury threshold, established under Insurance Law Section 5102(d), is a legal barrier that determines whether you can sue for pain and suffering damages after a motor vehicle accident. Under New York's no-fault insurance system, you must prove your injuries meet this threshold to pursue a lawsuit beyond basic insurance coverage.

The threshold defines "serious injury" as one that results in:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• 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 or impairment lasting 90 days within the first 180 days after the accident

This threshold significantly affects your case because courts apply these categories strictly. Without meeting the serious injury standard, your recovery is limited to basic no-fault benefits. Proper medical documentation and expert testimony are crucial for proving your injuries qualify.

Many cases are lost due to critical mistakes in meeting threshold requirements, making experienced legal representation essential.

If you've been injured in a motor vehicle accident, contact the Law Office of Jason Tenenbaum to evaluate whether your injuries meet New York's serious injury threshold and maximize your compensation.

Pain and suffering damages in New York personal injury cases don't follow a precise mathematical formula since they involve subjective personal experiences. However, courts typically use two main calculation methods: the multiplier method and the per diem system.

Under the multiplier method, economic damages—such as medical expenses and lost wages—are multiplied by a factor typically ranging from 1.5 to 5. The multiplier depends on the severity and duration of your suffering. For example, a serious spine injury causing constant pain and limited mobility would warrant a higher multiplier than a minor soft tissue injury.

The per diem method assigns a daily dollar amount to your pain and suffering, then multiplies that by the number of days you've been affected and are expected to continue suffering.

Several factors influence these calculations, including:

• Severity and permanency of injuries
• Impact on daily activities and quality of life
• Age and life expectancy
• Medical treatment required
• Emotional distress and mental anguish

New York courts recognize that non-economic damages like pain and suffering are just as real and compensable as economic losses, even though they're more difficult to quantify.

If you've suffered injuries in an accident, contact the Law Office of Jason Tenenbaum today for a free consultation to discuss your potential pain and suffering damages.

Comparative negligence is a legal principle that determines how fault is shared between parties in an accident and how it affects compensation. New York follows a "pure comparative negligence" system, which is actually more favorable to accident victims than many other states.

Under New York's system, you can still recover damages even if you were partially at fault for your accident. Your compensation will simply be reduced by your percentage of fault, but you'll never lose your right to recovery entirely. For example, if you're found 20% at fault in a car accident case worth $100,000, you would receive $80,000. Even if you're 80% at fault, you can still recover the remaining 20% of damages.

This differs from "contributory negligence" states where any fault on your part would completely bar recovery. New York's approach recognizes that accidents often involve shared responsibility, and victims shouldn't lose all compensation for minor contributing factors.

The key is proving the other party's negligence and minimizing your own fault percentage. Insurance companies and opposing counsel will often try to shift more blame onto you to reduce their liability. Understanding how comparative negligence works is crucial for protecting your rights and maximizing your recovery.

If you've been injured in an accident, contact the Law Office of Jason Tenenbaum to discuss how comparative negligence might affect your specific case and ensure you receive fair compensation.

In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. This statute of limitations applies to most personal injury cases, including car accidents, slip and fall incidents, and other negligence claims.

However, there are important exceptions to this three-year rule that could significantly impact your case:

• Medical malpractice cases have different timeframes and specific notice requirements
• Claims against government entities often have much shorter deadlines, sometimes as brief as 90 days for filing a notice of claim
• Discovery of injury may affect the timeline in certain circumstances
• Cases involving minors may have extended deadlines

It's crucial to understand that while you have three years to file a lawsuit, other important deadlines may apply much sooner. For example, no-fault insurance benefits must typically be filed within 30 days of the accident, and waiting too long can result in critical mistakes that destroy your case.

Don't wait to seek legal advice. Evidence can disappear, witnesses' memories fade, and important deadlines may be shorter than you think. Contact the Law Office of Jason Tenenbaum immediately after your injury to ensure your rights are fully protected and all deadlines are met.

Yes. Studies consistently show that accident victims represented by attorneys receive significantly higher settlements than those who handle claims alone. An attorney understands New York's no-fault system, serious injury threshold, and can navigate insurance company tactics designed to minimize your payout.

Do not give recorded statements or sign anything without consulting an attorney. Insurance adjusters are trained to minimize payouts. Stick to the basic facts, do not speculate about fault or the extent of your injuries, and let your attorney handle all communications.

Look for an attorney who specializes in personal injury, has trial experience, and knows New York's insurance laws. Ask about their track record, fee structure (most work on contingency), and how they communicate with clients. Local experience in Nassau and Suffolk County courts matters.

A car accident is any incident involving a motor vehicle that results in property damage, physical injury, or death. Under New York's no-fault system, your own insurance covers medical bills and lost wages up to $50,000 regardless of fault. To sue the other driver, your injuries must meet the 'serious injury' threshold under Insurance Law Section 5102(d).

Your safety is the top priority after a car accident. Here's what you should do immediately:

First, ensure everyone's safety. Check for injuries and call 911, even if the accident seems minor. Having police respond creates an official record through the police accident report (MV-104AN), which is often crucial evidence for your case.

Seek medical attention immediately. Some collision injuries like whiplash or internal bleeding might not show symptoms right away, so getting checked by medical professionals is essential for both your health and your legal claim.

Document everything while details are fresh. If you're able to do so safely, photograph damage to your vehicle, skid marks, traffic signs, and any visible injuries. Gather witness information by getting names and phone numbers of anyone who saw what happened. Look for businesses or homes with security cameras that might have recorded the incident.

Contact an experienced attorney early. As outlined in our guide on what to do after a car accident, the actions you take in the first hours and days directly affect your ability to recover compensation later. Early legal intervention can preserve crucial evidence and protect your rights.

If you've been injured in a car accident on Long Island, contact the Law Office of Jason Tenenbaum for a free consultation to protect your rights and maximize your recovery.

Yes, you can still sue the other driver even if you were partially at fault for the accident. New York follows a "pure comparative negligence" rule, which means you can recover damages as long as you weren't 100% responsible for the crash.

Under this system, your compensation will be reduced by your percentage of fault. For example, if you're found 20% at fault and your damages total $100,000, you would receive $80,000. Even if you're 80% at fault, you can still recover 20% of your damages from the other driver.

Common scenarios involving shared fault include intersection accidents where one driver runs a red light while another accelerates through a yellow light, or multi-vehicle chain reaction crashes on busy highways like the Long Island Expressway. As explained in our guide on being partially at fault in a New York car accident, these complex situations often involve multiple contributing factors such as tailgating, unsafe lane changes, or distracted driving.

The key is proving that the other driver bears some responsibility for the accident. Insurance companies and courts will examine all evidence to determine each party's percentage of fault.

Don't let partial fault discourage you from seeking compensation. Contact the Law Office of Jason Tenenbaum for a free consultation to evaluate your case and protect your rights under New York's comparative negligence laws.

Missing an Independent Medical Examination (IME) in a New York no-fault case can have serious consequences for your benefits and claims. IMEs are mandatory requirements under New York's no-fault insurance system, and failing to appear can jeopardize your coverage.

If you miss an IME, the insurance company may use your absence as grounds to deny or discontinue your no-fault benefits. However, the specific consequences depend on several factors, including whether you had a legitimate reason for missing the appointment and how quickly you respond to remedy the situation.

If you have a valid reason for missing an IME—such as a medical emergency or documented illness—contact the insurance company immediately to reschedule. You'll need to provide documentation supporting your absence, such as medical records or emergency room visits. The burden of proving the legitimacy of your absence falls on you.

It's important to understand that missing an IME can complicate both no-fault benefits and personal injury claims. The impact varies based on your specific circumstances and the reasons for the missed appointment.

Insurance companies must meet strict standards when using IME no-shows as a defense, and procedural requirements often work in the patient's favor when properly challenged.

If you've missed an IME or received a denial based on non-attendance, contact the Law Office of Jason Tenenbaum immediately to protect your rights and benefits.

Under New York's no-fault insurance law, insurance companies have 30 days to either pay or deny a claim after receiving proper documentation. This deadline is established under Insurance Law § 5106(a) and is mandatory, not optional.

However, the timeline can become more complex if the insurer requests additional verification or documentation. When an insurance company seeks verification, they may have an additional 30 days from the time they receive that requested information to make their decision. This creates what's known as the "30 + 10 + 5" timeline in certain circumstances, where verification timing requirements can extend the process.

It's crucial to understand that when insurance companies fail to meet these mandatory deadlines, they face significant legal consequences. Missing these basic legal requirements can result in statutory penalties and liability for attorney's fees under New York Insurance Law.

If your no-fault claim has been improperly delayed or denied beyond these timeframes, don't wait to seek legal help. The deadlines for challenging insurance company violations are strict, and acting quickly is essential to protect your rights to benefits and potential attorney's fees.

Contact the Law Office of Jason Tenenbaum today for a free consultation to ensure your no-fault insurance rights are properly protected.

An Examination Under Oath (EUO) is a formal procedure where an insurance company can require a policyholder, claimant, or healthcare provider to answer questions under oath about a no-fault insurance claim. This examination is conducted under penalty of perjury, typically in a law office setting with a court reporter present to record all testimony.

Insurance companies can request an EUO when they have legitimate concerns about a claim's validity. Common triggers include suspected fraudulent or exaggerated claims, questions about the legitimacy of medical treatment, discrepancies in accident reports or medical records, concerns about pre-existing conditions, or unusual billing patterns. The insurance company may also request an EUO when they need to gather additional information, assess the claimant's credibility, or investigate potential inconsistencies.

It's important to understand that EUO requirements in New York don't always require specific justification from the insurer, and failing to appear can have serious consequences for your claim.

While EUOs serve legitimate investigative purposes, insurance companies sometimes use them strategically to create grounds for claim denials. Having experienced legal representation during this process can protect your rights and ensure the examination is conducted fairly.

If you've been scheduled for an EUO, contact the Law Office of Jason Tenenbaum for guidance on protecting your no-fault insurance benefits.

Yes, your no-fault benefits can be denied if you fail to respond to legitimate verification requests from your insurance company. Under New York no-fault law, you have a duty to cooperate with your insurer's reasonable requests for documentation and verification of your claim.

However, not all denials based on verification failures are valid. You may be able to challenge a denial if:

• The verification request was improper, unreasonable, or excessively burdensome
• You never actually received the verification request due to mailing issues
• You made good faith efforts to comply but couldn't fully satisfy the request
• The insurer failed to follow proper procedures when issuing the request

Understanding verification requests and their requirements is crucial for protecting your benefits. The key is responding promptly to legitimate requests while identifying and challenging unreasonable ones.

If your benefits have been denied for verification non-compliance, it's important to review whether the denial was proper. Verification forms like the NF-3 must meet specific legal requirements, and insurers cannot simply deny claims without following proper procedures.

If you're facing a verification-related denial of your no-fault benefits, contact the Law Office of Jason Tenenbaum for experienced legal guidance in challenging improper denials and protecting your rights.

No-fault insurance and traditional auto insurance operate on fundamentally different principles for handling accident claims and compensation.

Traditional Auto Insurance follows a fault-based system where the at-fault driver's insurance company pays for damages and injuries to other parties. This system requires determining who caused the accident before claims can be processed, often leading to lengthy investigations, disputes, and potential litigation.

No-fault insurance, mandatory in New York, provides immediate coverage for your own medical expenses, lost wages, and essential services regardless of who caused the accident. Under New York's no-fault system, your Personal Injury Protection (PIP) coverage pays for your injuries up to policy limits without the need to prove fault or wait for insurance companies to assign blame.

Key differences include:

• Speed of payment: No-fault provides immediate benefits while traditional insurance may involve lengthy claim disputes
• Coverage scope: No-fault covers your injuries regardless of fault; traditional insurance only covers others' injuries if you're at fault
• Litigation restrictions: No-fault limits your ability to sue unless you meet New York's "serious injury" threshold

The no-fault system aims to reduce litigation costs and provide faster medical care access, though it may limit your ability to recover certain damages through lawsuits.

If you're dealing with no-fault insurance complications or believe your injuries meet the serious injury threshold, contact the Law Office of Jason Tenenbaum for expert guidance on your case.

The New York no-fault insurance fee schedule directly determines how much medical providers receive for treating your injuries. Under this system, insurance companies must pay providers according to predetermined rates for specific medical services and procedures.

The fee schedule sets maximum reimbursement amounts for various treatments, from physical therapy sessions to diagnostic tests. Understanding New York No-Fault Insurance Fee Schedules: What Patients and Providers Need to Know explains that general medical providers face stricter billing code requirements and modified reimbursement rates without additional increases.

These reimbursement limits can indirectly affect your care. Some healthcare providers may be reluctant to treat no-fault patients if they believe the fee schedule doesn't adequately compensate them for their services. This is particularly relevant for specialized treatments - for instance, certain fee schedule applications can affect alternative treatments like acupuncture.

While you shouldn't be responsible for paying the difference between what providers charge and what insurance reimburses under no-fault coverage, fee schedule disputes can sometimes delay treatment or limit your choice of providers.

If you're experiencing difficulties accessing medical care due to fee schedule issues, contact the Law Office of Jason Tenenbaum. We can help ensure you receive the medical treatment you need while protecting your rights under New York's no-fault insurance system.

Begin by documenting all incidents of discrimination, harassment, or wrongful treatment. File a complaint with the EEOC or New York Division of Human Rights within the applicable deadlines. An employment attorney can help you navigate administrative requirements and build a strong case.

Employment lawsuits in New York typically take 1–2 years, though complex cases can take longer. The timeline depends on whether you must first exhaust administrative remedies (EEOC complaints), the scope of discovery, and whether the case settles before trial.

First, exhaust internal remedies by following your company's complaint procedures. Then file an administrative charge with the EEOC or state agency. After receiving a right-to-sue letter, your attorney can file a lawsuit in the appropriate court. Strict deadlines apply at every stage.

Under New York law, wrongful termination occurs when an employer fires an employee for illegal reasons that violate federal or state anti-discrimination laws. New York is an "at-will" employment state, meaning employers can generally terminate employees for any reason or no reason at all. However, there are important legal exceptions.

Protected Categories Include:

• Discrimination based on race, color, religion, sex, national origin, age, disability, or pregnancy
• Retaliation for filing discrimination complaints or reporting workplace violations
• Whistleblowing about safety hazards or wage violations under laws like OSHA or FLSA
• Breach of employment contracts or implied agreements of good faith

Key protective legislation includes Title VII of the Civil Rights Act, the New York State Human Rights Law, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Recent cases demonstrate these protections are strengthening – a 2023 Nassau County jury awarded $2.1 million to an employee fired after reporting safety concerns.

Common wrongful termination scenarios involve employees being fired for discriminatory or retaliatory reasons, punishment for reporting harassment, or termination that violates local Long Island employment regulations.

If you believe you've been wrongfully terminated, the Law Office of Jason Tenenbaum can help evaluate your case and fight for the compensation you deserve. Contact us today to learn about your rights and explore your legal options.

To file a workplace discrimination complaint with the Equal Employment Opportunity Commission (EEOC), you must act within specific time limits. Generally, you have 180 days from the date of the discriminatory act to file, though this extends to 300 days in states with their own anti-discrimination agencies (including New York).

Steps to file your EEOC complaint:

1. Contact the EEOC by phone, online, or in person at a local field office
2. Provide detailed information about the discrimination, including dates, witnesses, and specific incidents
3. Complete the intake questionnaire during your initial contact
4. Attend an intake interview where an EEOC investigator will gather more details
5. Receive your formal charge document to review and sign

The EEOC will then investigate your complaint, which may include interviewing witnesses, reviewing documents, and potentially mediating between you and your employer. Remember that filing with the EEOC is often a prerequisite before you can pursue a discrimination lawsuit in federal court.

As highlighted in our guide on disability rights and legal protections for workers, time limits are crucial when experiencing workplace discrimination, so prompt action is essential.

Need help navigating the EEOC process? Contact the Law Office of Jason Tenenbaum for experienced guidance on protecting your workplace rights.

New York whistleblowers enjoy robust legal protections under multiple layers of federal, state, and local legislation. These comprehensive safeguards are designed to encourage employees to report workplace violations without fear of retaliation.

Key federal protections include the Sarbanes-Oxley Act, which shields employees who report financial fraud, and the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects those exposing securities violations. Title VII of the Civil Rights Act provides additional protection for employees reporting discrimination based on protected characteristics.

At the state and local levels, the New York State Human Rights Law and New York City Human Rights Law offer some of the strongest whistleblower protections in the nation. These laws prohibit employers from retaliating against employees who report discrimination, harassment, or other workplace violations.

The legal framework creates clear reporting channels and establishes severe penalties for employers who engage in retaliatory conduct, including termination, demotion, harassment, or other adverse employment actions against whistleblowers.

Understanding your rights as a whistleblower is crucial when exposing discrimination in the workplace. The legal system recognizes whistleblowers' vulnerability and provides strong shields against retaliation.

If you've experienced retaliation for reporting workplace violations, contact the Law Office of Jason Tenenbaum to discuss your legal options and protect your rights.

No, your employer cannot legally retaliate against you for filing a discrimination complaint. Both federal and New York State laws explicitly prohibit workplace retaliation against employees who report discrimination, file complaints with government agencies, or participate in discrimination investigations.

Under New York Human Rights Law and federal employment laws, retaliation can take many forms, including:

• Termination, demotion, or suspension
• Reduction in pay, hours, or benefits
• Hostile work environment or harassment
• Negative performance evaluations without justification
• Exclusion from meetings, training, or advancement opportunities

Protected activities include filing complaints with the Equal Employment Opportunity Commission (EEOC), New York State Division of Human Rights, participating in internal company investigations, or supporting a coworker's discrimination claim.

If you experience retaliation, document everything immediately. Keep records of incidents, communications, and any changes in your work conditions. Report retaliation to HR and consider filing additional complaints with appropriate agencies.

Retaliation claims can be easier to prove than the underlying discrimination and may result in significant compensation for lost wages, emotional distress, and punitive damages.

If you're facing workplace retaliation for reporting discrimination, contact the Law Office of Jason Tenenbaum today for a consultation to protect your rights and explore your legal options.

To succeed in a slip and fall case in New York, you must prove four essential elements to establish premises liability:

1. Duty of Care: The property owner owed you a legal duty to maintain reasonably safe conditions. This duty varies based on your legal status - whether you were an invitee (customer), licensee (guest), or trespasser.

2. Breach of Duty: The property owner violated their duty through negligence, such as failing to clean up spills, repair broken flooring, provide adequate lighting, or post warnings about hazardous conditions.

3. Causation: You must establish that the dangerous condition directly caused your fall and injuries. This means proving the hazard was the actual and proximate cause of your accident.

4. Damages: You suffered actual injuries and losses as a result of the fall, including medical expenses, lost wages, pain and suffering, or other compensable harm.

It's important to note that New York follows a pure comparative negligence standard, meaning your recovery may be reduced by your percentage of fault in causing the accident. For example, if you were found 20% responsible for not watching where you walked, your damages would be reduced accordingly.

For detailed guidance on proving your premises liability case, contact the Law Office of Jason Tenenbaum for a free consultation to evaluate your slip and fall claim.

No, property owners are not automatically liable for all injuries that occur on their premises. Liability in New York depends on several key factors, including the property owner's knowledge of the hazard, the visitor's legal status, and whether the owner took reasonable steps to address known dangers.

Under New York premises liability law, property owners have a duty to maintain their property in a reasonably safe condition, but this obligation varies based on the circumstances. The property owner must either fix known hazards or provide adequate warnings to visitors. For example, if a store manager knows about a leaking cooler creating a slippery floor but fails to clean it up or post warning signs, the store could be held liable if someone slips and gets injured.

The visitor's legal classification also matters significantly. Invitees (such as customers in a store) are owed the highest duty of care, while the obligations to other types of visitors may be more limited.

To establish liability, you must prove the property owner knew or should have reasonably known about the dangerous condition and failed to take appropriate action. Learn more about premises liability and property owners' responsibilities to understand your rights.

If you've been injured on someone else's property, contact the Law Office of Jason Tenenbaum for a free consultation to evaluate your premises liability claim.

In New York, the statute of limitations for medical malpractice claims is 2 years and 6 months (2.5 years) from the date of the alleged malpractice or from the end of continuous treatment for the same illness or injury, whichever is later. This timeframe is shorter than the typical three-year statute of limitations for most personal injury cases.

The "continuous treatment" rule is particularly important because it can extend the filing deadline. If you continue receiving treatment from the same healthcare provider for the condition related to the alleged malpractice, the statute of limitations may not begin until that treatment relationship ends.

It's crucial to understand that missing this deadline typically results in permanent case dismissal, regardless of how strong your underlying claim may be. Given the complexity of medical malpractice cases and the extensive documentation required, early legal consultation is vital if you suspect medical negligence.

The process of building a strong medical malpractice case involves collecting medical records, consulting with medical experts, and thorough case preparation - all of which takes considerable time. Consulting with an experienced medical malpractice lawyer as soon as possible ensures you protect your rights and meet all necessary deadlines.

If you believe you've been a victim of medical malpractice, contact the Law Office of Jason Tenenbaum today for a consultation to discuss your case and protect your legal rights.

Yes, expert witnesses are almost always essential in medical malpractice cases in New York. Unlike other personal injury claims where the negligence may be obvious to a jury, medical malpractice requires specialized knowledge to understand complex medical procedures, standards of care, and causation.

Expert witnesses serve several critical functions in your case:

Establishing Standard of Care: Medical experts must testify about what a reasonably competent physician would have done under similar circumstances. This helps the jury understand whether your doctor's actions fell below acceptable medical standards.

Proving Causation: Experts must demonstrate that the healthcare provider's negligence directly caused your injuries, not some underlying condition or unrelated factor.

Quantifying Damages: Medical experts help establish the extent of your injuries and future medical needs.

However, not every physician can serve as an expert witness on every medical issue. Courts carefully scrutinize whether experts possess the specialized knowledge necessary for their proposed testimony. In complex cases involving subspecialties, you may need experts qualified in those specific areas of medicine.

The Law Office of Jason Tenenbaum maintains extensive networks of qualified medical experts across all specialties. Contact us for a consultation to discuss your potential medical malpractice case and expert witness needs.

Missing a court appearance can result in a default judgment against you, a bench warrant for your arrest (in criminal cases), or dismissal of your case. If you cannot attend, contact your attorney immediately — courts may grant adjournments for legitimate reasons, but only if you act promptly.

Dress professionally and conservatively. Men should wear a suit or dress slacks with a collared shirt. Women should wear a suit, professional dress, or blouse with dress pants or a skirt. Avoid flashy jewelry, casual clothing, and anything that could distract from your credibility.

Address the judge as 'Your Honor' or 'Judge.' Stand when speaking and when the judge enters or leaves. Be honest, concise, and respectful. Answer only the question asked, use plain language, and do not argue with rulings. If you do not understand a question, ask for clarification rather than guessing.