Personal Injury FAQs

What is no-fault insurance?

It is coverage afforded an occupant of a motor vehicle that is involved in an accident regardless of fault. The coverage is also available to cyclists and pedestrians struck by or in contact with a motor vehicle. This coverage is designed to pay for your medical bills, lost wages and any medically necessary expenses and does not cover your personal injury and pain and suffering. It is important that you contact Mallilo & Grossman as soon as possible following a motor vehicle accident as you must submit a no-fault application to the carrier within 30 days of the accident to be eligible for this coverage.

Is a no-fault claim the same as a bodily injury claim?

No. The two are separate and distinct. No fault is coverage for your medical bills, lost wages and any medically necessary expenses such as transportation to and from doctor visits, medications, braces and bandages and home care. It is not dependent on fault. A bodily injury claim is compensation for, amongst other things, your injury and pain and suffering and takes into account who is at fault for the accident. You are eligible for no-fault benefits even if you do not commence a personal injury action. Likewise, you can have a personal injury action even if you are not eligible for no-fault benefits.

I was stopped at a red light and rear-ended. Is the other driver automatically at fault?

Given these facts the other driver is usually considered at fault for the happening of the collision. However, there is a possibility that the other vehicle will assert a justification for striking the rear of your car. You must contact an attorney with experience and knowledge in these areas, such as Mallilo & Grossman, to protect your rights.

What happens if I am injured by a motor vehicle that does not have automobile insurance?

In cases such as these if you or a member of your household maintains an automobile insurance policy then a claim can be made under this policy. If you or a member of your household does not have an insurance policy you may have legal recourse through the Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC was established to pay bodily injury damages and no-fault benefits to qualified victims of motor vehicle accidents in which a viable insurance policy does not exist.

What do I do if I am involved in an accident with a vehicle that leaves the scene?

If possible obtain a description of the vehicle that left the scene including a license plate and the state where the vehicle is registered. You MUST report the accident to the police or a peace officer immediately or as soon as possible. Contact Mallilo & Grossman to discuss your potential claim and to learn your rights.

What rights do I have if I injure myself upon a condition that I have been asking my landlord to fix?

You may have a cause of action against your landlord if you could prove that your landlord knew or should have known about the condition upon which you were injured. It is important to make all complaints to your landlord and/or management company in writing, and you should maintain a copy for yourself. Furthermore, it is best to send the written complaint certified return receipt requested or by certificate of mailing.

Do I have a case against my landlord if I am assaulted inside the building where I reside?

Whether you have a case in this situation is dependent upon whether the landlord had prior notice of a defective condition that allowed an unauthorized person to enter the building, such as a broken lock on the entrance/exit doors. Please contact Mallilo & Grossman to discuss the specifics of your case.

What should I do if I slip/trip and fall and I am injured?

Just because an accident occurs in a store does not mean that the store is liable for your injuries. In these types of cases it is very important to follow some simple suggestions.

  • If possible report the accident.
  • Document the exact location of where you fell. If you fell on the sidewalk take note of the closest address to the area where you fell, i.e., in front of 123 Jones Street.
  • Get the names, phone numbers and addresses of all witnesses.
  • Document a description of what caused you to fall. For example, a cracked sidewalk, dirty liquid, etc.
  • If possible, take a number of photos of what you fell upon.
  • If there is construction going on in the area where you fell, document the names of any construction company. Often, there are permits posted that list the name of the contractors or there are trucks on the road bearing the company name.
  • If you are taken to the hospital make sure you give all ambulance and medical personnel an accurate description of your fall.

Should I seek medical treatment?

Yes. If you are injured you should seek medical attention. Many times people who are involved in an accident do not think that their symptoms are serious. However, as the days progress your symptoms may worsen. It is also possible that you may not initially feel pain but wake up the next day or a few days later and feel pain. Very often the insurance companies will refuse to pay on claims, or underpay on claims, where there has been a delay in treatment or a long gap in treatment. Whatever the scenario, it is crucial to seek medical attention in order to document your pain and when that pain started.

How much is my case worth?

Each and every case is different. Different factors such as fault, severity of injury and length of treatment must be taken into consideration when assessing the value of any case.

What is a deposition?

A deposition, also referred to as an Examination Before Trial (EBT), is the portion of the litigation process wherein you are questioned under oath by the defendant's attorney. An attorney will prepare you for your testimony and will be present with you during the EBT. Some of the areas that you will be asked about are questions concerning how the accident occurred, your injuries, your medical treatment, what limitations you have as a result of your injuries and how your life has been affected as a result of the injuries you sustained.

Am I eligible for Social Security Disability?

You may be eligible for Social Security Disability if you have met the earnings requirement of the Social Security Act.

When is it important to contact my attorney?

Communication between attorney and client is a key to a favorable outcome. As a client there is information you have in your possession that your lawyers may not be able to obtain without your help. For instance, you should always inform your attorney when you stop medical treatment, commence treatment with a new doctor and undergo surgery. If you stopped medical treatments but begin feeling pain again you must contact your attorney. It is important to be honest with your attorneys. Many times clients do not inform their attorneys of prior injuries or medical conditions and this can be detrimental to your case. It is also important to contact your attorneys if you are subsequently injured.