Personal Injury FAQ

How do I know if I have a case?

If you or a loved one has been injured, your first step is to contact an attorney. Please contact our firm at 315-255-3368 or complete the contact us form on this page. The lawyer will assess whether or not your case is strong enough to be likely to have a favorable outcome for you. If so, you may be able to recover compensation for lost wages, medical bills and other damages.

What kind of damages can I receive in a personal injury lawsuit?

Personal injury law in New York allows for injury victims to recover compensation for physical pain and suffering, emotional trauma, lost wages, medical expenses and other damages. An experienced personal injury lawyer will be able to determine your eligibility for compensation and hire expert witnesses to help prove your claim.

Common Expenses Eligible For Compensation Include:

  • Medical expenses, past, current and future
  • Emotional distress, including anxiety, depression, and interference with your family relationships
  • Time lost from work
  • Property that was damaged, such as your vehicle
  • Permanent disfigurement or disability

How long do I have to file a personal injury lawsuit in New York?

The New York personal injury statute of limitations for filing a lawsuit is three years from the date of the accident or injury. The statute of limitations for New York wrongful death claims is two years from the date of death. Similarly, the time limit for filing a medical malpractice lawsuit is two years and six months. Once the New York statute of limitations expires, the injured victim will be prohibited from filing a lawsuit to recover damages. If you believe that you have been injured you need to contact an attorney as soon as possible.

What must I prove to have a successful personal injury lawsuit in New York?

In most cases, you will have to prove that the person who caused your injury was negligent. To do so, you must show that this individual owed you a duty to not injure you, but failed to uphold this duty. Furthermore, you must prove that there was a connection between this breach of duty and your injury. Lastly, you must prove that you suffered damages as a result.

Should I keep evidence?

The more evidence that you have the better your chances are when pursuing an injury claim. If you've been injured, it's important to ensure your legal rights are protected. Write down everything about your accident, including names and contact information of witnesses. You may also want to obtain evidence of your injury or accident, such as a photograph of a totaled car. Next, contact an attorney as soon as possible!

Commitment to Community

As an Auburn, NY native, and an active member in the community, Testa Law Firm practitioner Daniel A. Testa III believes that it should be a priority to make the community that we live and work in better. From being a member on the Union Springs school board to sponsoring a travel baseball team, he exemplifies a genuine love for our community that extends outside of his excellent representation.

Free Consultations

To get an initial evaluation of your case by an experienced New York attorney at no cost, contact the Testa Law Firm to arrange a free consultation.

Testa Law Firm, P.C.
315-255-3369 (fax)
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Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
Thu: 09:00am - 05:00pm
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