FAQs – Personal Injury, Medical Malpractice, and Auto Accident Attorney in New York

At Kelner & Kelner, Attorneys at Law, our personal injury lawyers exclusively represent persons injured as a result of another party's negligent or careless actions. We represent victims and families who have suffered severe injuries or even wrongful death. Our attorneys posses the knowledge and experience necessary to obtain the maximum compensation possible. We will protect your rights as a victim and provide expert guidance throughout the legal process. If you have been injured as a result of a construction accident, an auto accident, or medical malpractice, contact a personal injury attorney at our New York office and schedule a complimentary consultation.

Personal Injury

Medical Malpractice

Auto Accident

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Personal Injury Questions – Answers from an Attorney in New York

A personal injury occurs when a person is the victim of another party's reckless, careless, or negligent actions. When another person (or organization) is at fault for your injuries, you may be entitled to monetary compensation. Since the firm's establishment over 60 years ago, Kelner & Kelner has obtained numerous major personal injury verdicts and settlements.

Do I need a personal injury attorney?

If another party's recklessness, carelessness, or negligence has caused you to be injured, you should always contact an experienced personal injury attorney. Statistics show that victims who choose to "go it alone" receive substantially less compensation than those who retain representation.

At Kelner & Kelner, our trial lawyers handle claims involving, among other things:

Contact a personal injury attorney at Kelner & Kelner — serving clients throughout New York — to schedule a complimentary case consultation. We will evaluate your claim and help you obtain fair compensation for your injuries.

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How will my personal injury attorney help me prepare for trial?

Your personal injury attorney will take extraordinary care to ensure that you thoroughly understand what to expect in the event that a settlement cannot be reached before trial. We will help you through each step of your lawsuit, provide accurate and thorough information about your claim, and ensure that you are aware of your legal rights.

Should I accept a settlement or go before a jury?

Deciding whether or not to accept a settlement can be very difficult. Your personal injury attorney will thoroughly discuss any offer with you, weighing the pros and cons of settling. We will offer our opinion regarding the offer's fairness, but in the end, the decision is always yours.

What financial compensation can I receive in a personal injury lawsuit?

Depending on the nature of the cases, compensatory damages may cover these or other expenses resulting from your injury:

  • Medical bills
  • Pain and suffering
  • Lost wages, including overtime
  • Physical disability
  • Mental anguish
  • Disfigurement
  • Loss of enjoyment of life
  • Loss of companionship
  • Mental disability
  • Property damage
  • Transportation charges

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Medical Malpractice Questions – Answers from an Attorney in New York

Patients have a legal right to receive care and treatment that is in accordance with good and accepted standard of medical practice. At Kelner & Kelner, a medical malpractice attorney can help you obtain compensation for the medical expenses and other hardships that you are forced to suffer as a result of a health care professional's negligence.

What is medical malpractice?

Medical malpractice is an act (or omission) by a health care professional that deviates from the accepted practice and results in injury to the patient and causes harm to the patient. Our experienced trial lawyers handle medical malpractice claims involving, among other things:

Medical malpractice occurs when a medical professional fails to do what a reasonably careful and similarly licensed professional would have done in the same situation.

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What does not qualify as medical malpractice?

Generally speaking, unsatisfactory results of a surgery or another medical procedure do not in and of themselves, constitute malpractice. Also, if something is considered an ordinary risk of a procedure you have chose to undergo, it will not be considered malpractice.

However, before you give informed consent in writing to any medical procedure, your physician should have disclosed the risks involved, as well as the relative chances of success or failure.

Yes. No waiver or consent form you signed fully releases a physician from responsibility, and if you can demonstrate that negligence or deviation from standard medical procedure on his or her part resulted in injury to you, you may be eligible to receive compensation.

What do I do if I suspect that medical malpractice has occurred?

If you suspect that you or a loved one is a victim of medical malpractice, contact an attorney immediately. Victims that choose to "go it alone" often end up with significantly less compensation than they deserve. Medical malpractice cases are usually very complicated. At Kelner & Kelner, we have the knowledge and experience necessary to maximize your return on your claim. Contact a medical malpractice attorney at our New York office to discuss your legal options.

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Auto Accident Questions – Answers from an Attorney in New York

Our auto accident lawyers provide careful and knowledgeable representation for victims of all types of motor vehicle accidents. If you have been injured in a car accident, truck accident, motorcycle accident, or pedestrian accident, an auto accident attorney at our New York firm can thoroughly investigate the circumstances of your injury and fight on your behalf for fair compensation.

What do I do after an auto accident?

After a motor vehicle accident, you should:

  • Never leave the scene of an accident. Doing so is a crime in many states.
  • Call the police and paramedics. If anyone is injured, call emergency medical services. After any auto accident, call the police. They will prepare a report that contains important information about the accident.
  • Collect information. Exchange name, address, driver's license, and insurance information with all other drivers involved in the auto accident. Collect names, addresses, and phone numbers of witnesses. If you have a camera handy, take pictures to document the scene (e.g., skid marks, road obstructions, vehicle damage, etc.)
  • Stay Safe. If possible, move your car out of the way of other motorists. Make your car visible by setting flares, turning on your hazard lights, and lifting the hood and trunk of your car.
  • Never admit liability. Do not admit responsibility for an auto accident to anyone, including passengers, other drivers, or the police.
  • Notify your insurance company. Give your insurance company prompt notice of the accident. Provide them with all the information they request.
  • Get checked for injuries. Injuries sustained in an auto accident may take time to appear. Consult a doctor or go to a hospital after any accident, even if you just feel a little sore or shaken. Never settle an injury claim until a doctor has ascertained the full extent of your injuries.
  • Contact an auto accident attorney. At Kelner & Kelner, our lawyers have successfully handled claims on behalf of clients throughout New York. Contact a personal injury and auto accident attorney at our New York office to schedule a complimentary consultation.

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The other driver was uninsured; can I still be compensated?

Yes. If you are involved in an auto accident in which the driver at fault is underinsured or has no insurance at all, you may be able to pursue a claim with your own insurance company. Although your insurance company may be obligated to pay damages for your injuries, the process is difficult. Claims are frequently delayed, underpaid, or wrongfully denied. Retaining an experienced auto accident attorney is essential to your claim's success.

Who determines who is at fault after an auto accident?

Determining fault after an auto accident is a matter of proving who was careless, was negligent, or recklessly ignored the law. At Kelner & Kelner, we will carefully investigate your claim, determine whether the other driver was responsible, and clearly present your case. In some cases, accidents may be caused by an automotive defect or poor road design. Your auto accident attorney will identify all possible defendants.

Should I contact an auto accident attorney?

Yes. Statistics show that auto accident victims who choose to “go it alone” in pursuing compensation generally receive substantially less than those who retain experienced attorneys. Insurance companies employ teams of lawyers, investigators, adjusters, and experts whose primary objective is to minimize the value of your claim. Kelner & Kelner will level the playing field. An auto accident attorney at our New York-based firm can help you obtain the compensation to which you are entitled.

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Contact a Personal Injury Attorney

At Kelner & Kelner, Attorneys at Law, our attorneys provide expert legal representation to medical malpractice, auto accident, and personal injury victims. An attorney at our New York office — serving clients coast to coast — can help you hold the parties responsible for your injuries liable for their actions. Contact our trial lawyers to schedule a free consultation. We work on a contingency basis and collect legal fees only if our attorneys obtain a favorable verdict or settlement on your behalf.

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