Frequently Asked Questions

At Janusas Law, we work on a contingency fee basis. This means you pay nothing upfront and no legal fees unless we win your case. Our fee is a percentage of the recovery, which we discuss with you before taking your case.

In New York, the general statute of limitations for personal injury cases is 3 years from the date of the accident. However, there are important exceptions: medical malpractice claims have a 2.5-year limit, claims against municipalities require a Notice of Claim within 90 days, and wrongful death claims must be filed within 2 years. It's critical to contact an attorney as soon as possible to protect your rights.

New York is a no-fault state, meaning your own auto insurance covers your medical expenses and lost wages up to $50,000 regardless of who caused the accident (through Personal Injury Protection or PIP benefits). However, if your injuries meet the 'serious injury' threshold defined by New York Insurance Law § 5102(d), you can step outside the no-fault system and file a lawsuit against the at-fault driver for additional compensation including pain and suffering.

New York follows a pure comparative negligence rule. This means you can recover damages even if you were partially at fault for the accident. Your compensation is reduced by your percentage of fault. For example, if you're found 20% at fault and your damages are $100,000, you would receive $80,000. Unlike some states, New York does not bar recovery even if you are more than 50% at fault.

The timeline varies significantly depending on the complexity of the case, the severity of injuries, and whether a fair settlement can be reached. Some cases settle in a few months, while complex cases that go to trial can take 2-3 years or more. We always prioritize getting you the best possible result rather than rushing to a quick, low settlement.

In New York, you may be entitled to compensation for: medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, property damage, and in some cases, punitive damages. Every case is unique, and we evaluate all potential areas of recovery during your free consultation.

We strongly recommend consulting with an attorney before giving any recorded statements to insurance companies. Insurance adjusters are trained to minimize payouts, and anything you say can be used against your claim. At Janusas Law, we handle all communications with insurance companies on your behalf to protect your interests.

First, seek medical attention even if you feel fine — some injuries don't show symptoms immediately. Call 911 to report the incident. Document everything with photos and notes. Get contact information from witnesses. File a police report. Keep all medical records and receipts. Most importantly, do not admit fault or sign anything from insurance companies. Then contact Janusas Law for a free consultation.

Yes. New York's pure comparative negligence law allows you to recover compensation even if you were partially at fault. Your recovery will be reduced by your percentage of fault, but you are not barred from making a claim. Don't let concerns about shared fault prevent you from exploring your legal options.

We combine aggressive legal representation with personalized client care. Every client works directly with attorney Janusas — you're never passed off to a paralegal or junior associate for important decisions. We invest significant resources in each case, consult with top medical experts, and have a proven track record of results against major insurance companies and corporations across New York State.