Category Archives: Lawsuits

Articles about personal injury lawsuits in New York, lawsuits for accidents, and insurance lawsuits.

How Rubenstein & Rynecki Came To Get 800-XXX-HURT

You may have seen accident attorneys Rubenstein & Rynecki advertise 800-XXX-HURT on TV but you may be looking for New York personal injury lawyers, FRANCKEL & PLEVY at 1-800-HURT-911®.

In late 2005, I was speaking with Sanford Rubenstein at a Party at my friend, Dennis Shield’s (Founder of 800-LawCash and Esquire Bank), house. During our conversation, Sanford Rubenstein learned about our phone number 1-800-HURT-911® and said he loved it. Actually, he went crazy over it.

Within a few months, I saw Rubenstein & Rynecki advertise 800-XXX-HURT.

It’s important to have a good personal injury lawyer who knows how to tackle difficult cases as well as the easy ones, but that’s not enough. You want a good personal injury lawyer who you can get on the phone after the first meeting when they take your case.

When we represent you, you’ll always be able to reach New York accident lawyers Rob Plevy, Esq. and Phil Franckel, Esq. directly without having to go through a secretary. Just call 1-800-HURT-911 right now and Attorney Rob Plevy will answer!

When you have been hurt in an accident, the legal fee is a large amount since it’s 1/3 of a large settlement. That makes you as important as the President of a big corporation to a corporate lawyer.

Whether you have money, you’re just paying the bills or you’re homeless, you’re important to us and we will treat you that way. See what our “customers” say about us.

American Institute of Personal Injury Attorneys High Verdict Badge Avvo Client's Choice-Injury Attorney badge

If you have been HURT in an accident and you want personal service where accident victims are not clients but customers and the customer is king, call the original HURT911® Personal Injury Dream Team right now 7 days/nights for a free consultation with no obligation at 1-800-HURT-911 >> 1-800-487-8911

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Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Did a Medical Clinic Call You After Your Accident?

Q. I received a call from the hospital after my accident telling me to come in for a follow-up appointment. Is this legit?

A. No. Just hang up and don’t go in because you’re about to get involved in medical insurance fraud.

After your car accident or another type of accident, you may receive a call from someone claiming to be from the hospital, doctor’s office, or lawyer.

The caller will usually make you think they are calling from the hospital and say something like, “You were in the hospital yesterday and I am calling to set up your follow-up appointment.”

Hospital calling to schedule your follow-up appointment

These calls frequently occur in the New York City area, especially in the Bronx, Brooklyn and Queens.

If You Receive a Call from the Hospital after Your Accident, You Are Being Scammed!

If you receive a call after your accident to set up a follow-up appointment or asking you to come into anyone’s office, you are being scammed. The hospital will never call you to set up a follow-up appointment.

The best scam I heard was from a client who said he received a call from Mr. Goldberg at the Department of Social Concern Division of Rights! Mr. Goldberg sent him to their doctor who was certified. We immediately sent our client to another doctor.

What Should You Do If You Receive a Call from the Hospital after Your Accident?

Immediately hang up the phone and do not say anything. If you say anything, just say I already have a doctor and a lawyer and hang up. Then call an accident lawyer in New York who doesn’t pay for your information.

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Founding Partner Attorney Rob PlevyCall New York’s HURT911® Personal Injury Dream Team™ right now for your free consultation!

We’ll call you back within minutes!
1-800-487-8911

Call to get your Free Consultation Right Now button

click to chat button to get your free consultation right now

No Win — No Fees
GUARANTEED! ™

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See how Nyda got a new house!

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How Did The Doctor Get My Name and Phone Number?

Your name and telephone number were sold to a medical clinic or a “runner” by EMS on the ambulance or by someone working in the hospital emergency room.  What is a runner?

ambulance EMS at car accident in New York City

Then you get a call from the doctor’s office / medical clinic asking you to come in for your “follow-up” appointment.

When you go for your “follow-up” appointment, you will be seen by several doctors including an orthopedic surgeon, chiropractor, and psychologist. These doctors are not interested in treating you for your injuries but they are interested in billing insurance companies or Medicare.

You may also be asked to sign a retainer with a particular accident lawyer. Lawyers also illegally pay ambulance and hospital employees for your information. If you receive a call from a lawyer after your accident, hang up quickly!

A lawsuit by one personal injury lawyer against other personal injury attorneys states that an attorney, William R. Hamel, (paragraphs 22-23) was convicted upon his guilty plea to the reduced charge of criminal solicitation in the fourth degree for paying an employee at Lincoln Hospital in the Bronx. The complaint also states Mr. Hamel testified that while working for the Schwitzer Law Firm attorney William Dinkes was involved in a scheme paying hospital employees $500 for referring personal injury clients.

What Can Happen to You?

This entire scheme is illegal. Everyone who participates in this scheme to defraud insurance companies has committed a crime, except for you unless you have also been paid money.

Almost every year, doctors and accident lawyers are arrested. Attorney William R. Hamel, (paragraphs 22-23) was convicted upon his guilty plea to the reduced charge of criminal solicitation in the fourth degree.

It’s not good for your case if your doctor or lawyer gets arrested!

What Can Happen to Your Accident Case?

While it is not a crime to be caught up in insurance fraud if you are not a willing participant, the downside for you is that these medical clinics can seriously hurt your case if you have a real injury.

The insurance companies know which medical offices are engaged in fraud and if you are treated at any of these medical offices, it will be very difficult to settle your case and the insurance company will offer very little.

If you have an existing accident case when you go to one of these medical clinics, you could easily ruin your existing personal injury case.

Real Example #1

We were asked by a chiropractor in Queens to have dinner. At dinner, the chiropractor said he managed a medical clinic and offered to send us cases in Queens and the Bronx because he heard we are good personal injury lawyers. We were suspicious and declined to accept cases from the chiropractor.

It turned out we were right. A couple of years later, the chiropractor was arrested by the FBI. It’s a good thing we never got involved with those cases. Although many of the cases were fraudulent, some of them were probably legitimate but it would be impossible to settle them once the doctor was arrested.

If you had been to one of the doctors in his medical clinics for a legitimate accident, your case would likely not have been settled or it would have been settled for a small amount of money, and the insurance company would be coming after you to get it back.

The NY Times wrote, “…a lawyer whose firm mainly represents insurers, said he found at least eight cases that seem suspicious because of the lawyers and doctors involved.”

“…another lawyer who represents plaintiffs, said his firm was trying to get out of a number of cases it had recently taken on from one of the lawyers identified by prosecutors.”

If you had a real accident with real injuries, don’t let this happen to you. Be careful which doctors you see and who your personal injury lawyer is.

Real Example #2

We represented a woman who injured her neck when she fell in a warehouse store. Her doctor scheduled surgery for her neck. But before her surgery, she had a car accident which only caused a minor injury.

From the scene of the car accident, she was taken to the hospital by ambulance. Her name and phone number were sold to a medical clinic. The next morning, she received a call from the medical clinic saying she needed to come in for her follow-up visit after the emergency room.

When she went to the medical clinic, an orthopedic surgeon and chiropractor wanted to treat her for neck and back pain which she did not have. They also wanted her to be seen by their psychologist. Fortunately, she refused treatment and ran out of there.

We settled her case for the entire $1 million insurance policy but if she allowed the clinic doctors to treat her for neck pain, the insurance company for the warehouse would have argued that her neck was injured in the car accident and that the surgery was needed because of the car accident.

Real Example #3

We represented two clients who were injured in a car accident. After going to Jacobi Hospital in the Bronx, they received a call from a medical clinic where they began treatment. Several weeks later they looked for an accident lawyer and called us.

We told our clients to immediately stop treating at the medical clinic and we gave them the name of a well-known orthopedic surgeon. Within a few months, we received a letter from State Farm Insurance SIU (Special Investigations Unit) stating that the medical clinic was being investigated for fraud.

Fortunately, they only had a few visits at the medical clinic and switched to a legitimate orthopedic surgeon. Both cases were settled for the entire $100,000 insurance policy.

Why Is This Happening?

The answer is simple, money! The ambulance and emergency room people who sell your information do it to make extra money. The runner who sells your information to the doctor and accident lawyer makes a lot of money. Runners typically sell your information to the doctor for $1,500 and to the accident lawyer for $1,500 for a total of $3,000!

The doctor buys your information so he or she can give you all kinds of useless medical treatment and x-rays, giving you unneeded harmful radiation, just so they can bill your insurance company for a lot of money.

The accident lawyer pays for your information because accident lawyers make a lot of money on each case.

Legitimate accident claims do not raise insurance rates but fraudulent medical billing has a big effect on raising everybody’s insurance premiums.

See more answers to FAQs

comments button for Did a Medical Clinic Call You After Your Accident?

Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Comments About Did a Medical Clinic Call You After Your Accident?

What Does It Mean if Insurance Company Makes a Small Settlement Offer

We often get ridiculous settlement offers from GEICO and are forced to take these cases to trial. A few weeks ago, GEICO was ordered to pay over $2 million because of their bad faith refusal to fairly settle a case.

A motorist, whose car “flipped up in the air into a power pole” when struck by a car insured by GEICO, had $10,000 of medical bills. The motorist’s lawyer offered to settle with GEICO for the $30,000 insurance policy but GEICO refused and offered only $12,409.

A judge issued a judgment in the amount of $2,916,000 and the defendant filed for involuntary bankruptcy. But GEICO hired a lawyer to fight the bankruptcy petition!

Since GEICO’s insured would obviously benefit from the bankruptcy, GEICO’s motivation to fight the bankruptcy could only have been to protect itself so GEICO could not be sued by the trustee in bankruptcy for their bad faith failure to settle the injury claim, if the involuntary bankruptcy proceeded.

GEICO’s lawyer was not successful in stopping the bankruptcy and the trustee in bankruptcy sued GEICO in US District Court. The federal jury found GEICO liable for $2,020,342

GEICO will likely appeal the order but it’s going to cost GEICO a lot of money. I just hope the attorneys don’t settle and let it go to appeal.

This case illustrates the frustration that personal injury lawyers frequently have with insurance companies. When an insurance company offers to settle for only $10,000, or any amount, your lawyer must tell you about the settlement offer. It doesn’t mean that your lawyer is doing a bad job. It just means that the insurance company doesn’t want to settle.

I’ve noticed a change in the last six years that insurance companies frequently don’t make reasonable settlement offers until the time of trial and even then, the offers would only have been adequate early in the claim, not at trial.

Bad faith claims are difficult in New York State but we have made insurance companies pay above the insurance policy.

See more FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Have a Question or Comment About When an Insurance Company Makes a Small Settlement Offer? Leave a Comment!

Do I Need to Stay Out of Work for My Personal Injury Case?

I was injured in an accident and a lawyer told me I would have to stay out of work even though I can go back to work. Do I really need to stay out of work?

No. We never tell our clients to stay out of work! We leave that to you and your doctor.

We had a motorcycle accident client who said he wanted to go back to work as soon as he could and asked if that was okay with us. We said, of course. After a broken leg, the police surgeon let him go back to work as a motorcycle police officer six months later. The insurance company offered $100,000 to settle but we got $425,000 at a jury trial.

3 Reasons Why Accident Lawyers Want Their Clients to Stay Out of Work

  1. Lost wages will increase the value of your case if you settle with the insurance company claims representative. However, it can reduce the value of your case at trial.
  2. If you had a car accident and you do not have a fracture or broken bone, it is probable that your case will not be dismissed if you stay out of work completely (not even restricted duty) and are totally disabled without being able to leave your home except for doctor visits.
  3. An accident attorney may want to present your lost wages to a jury if your case goes to trial.

Why Should I Go Back to Work?

  1. You need to make money to pay your bills!
  2. The true cost of your lost income is far more than you realize (see below).
  3. If you claim lost income and are self-employed, the defense will have a forensic accountant go through your tax returns with a fine-tooth comb and find little problems to make you look like a cheater at the time of your trial.
  4. If you are a salaried employee, in most cases, claiming lost wages will diminish the perceived value of your injury unless your lost wages are significant and long-term (it doesn’t look good to claim $8,000 in lost wages when we’re claiming your injury is worth $1 million). If you have a fracture, broken bone, or surgery, lost wages won’t help you get more money unless they are significant and the defendant’s insurance policy is huge.
  5. It’s psychologically and physically important for you to go back to work after an injury.
  6. If your case goes to trial, going back to work will show the jury that you’re not trying to milk the system and that like everyone else, you need to work even if you’re suffering from pain.

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Founding Partner Attorney Rob PlevyCall New York’s HURT911® Personal Injury Dream Team™ right now for your free consultation!

We’ll call you back within minutes!
1-800-487-8911

Call to get your Free Consultation Right Now button

click to chat button to get your free consultation right now

No Win — No Fees
GUARANTEED! ™

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See how Nyda got a new house!

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What Will I Lose If I Do Not Go Back to Work?

  1. Of course, the amount of money you would have made while you are out of work.
  2. If you contribute money to a retirement plan, the small loss of your contributions while you’re out of work can add up to a lot over the remainder of your lifetime.
  3. Your Social Security benefits may be affected.
  4. Your career earning power may decrease.

Employee struggling to climb the corporate ladder after staying out of work because of an accident and injury

What Can I Do for Money If I Can’t Go Back to Work?

If you cannot go back to work because of the injuries from your accident and you still haven’t gone back to work by the time we settle your case or the time of trial, we can use your lost wages to increase the value of your case.

If you need money to pay your living expenses when you are unable to work because of the injuries you suffered in an accident, there are a few things you may be able to do:

  • If you were injured in a car accident, No-Fault insurance will pay you disability payments when you cannot work.
  • If you were employed at the time of your accident, you might have disability insurance coverage through your employer which will pay you while you are unable to work.
  • If you are self-employed, you might have purchased disability insurance coverage which will pay you while you are unable to work.
  • You could “borrow” money as a “loan” on your accident case. This is not really a loan but in advance on your case and carries a hefty interest rate which is paid at the end of your case.

Disability payments because of lost wages from an accident

See more FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Have a Question or Comment About Do I Need to Stay Out of Work for My Personal Injury Case? Leave a Comment!

Why Does My Personal Injury Lawyer Want Me to Pay Money?

Should I pay money to my personal injury lawyer if I have an accident in New York? No. Your personal injury lawyer should never ask you for money!

Personal injury lawyer asking for money

“I just had an accident and called a lawyer. I signed some papers and now my personal injury lawyer is asking me for money. Do I need to pay money?”

That is the question we were asked by a new client who had a broken hip in a motorcycle accident in the Bronx.

He went to see an accident lawyer but the lawyer wanted money upfront for medical records and a medical report. This isn’t the first time someone told us that an accident lawyer wanted money upfront!

The injury lawyer also told him that he would have to stay out of work for three months! He was lucky that a friend told him to call us.

We told him that we would never charge him any money unless we settle his case and it would be paid out of his settlement money. We also told him that we did not care if he went back to work.

When Should My Lawyer Charge Me for Case Expenses?

We will never ask you to pay money for anything either upfront or during your case. We will deduct the expenses for your accident case at the end of your case from your settlement money.

New York Personal Injury lawyers are required, as of April 1, 2014, by the Appellate Divisions of the New York State Supreme Court to include two options in the retainer regarding your payment of case expenses.

One option requires the personal injury lawyer to pay in advance and be responsible for all case expenses in the event the case is lost.

The other option allows you to pay the case expenses in advance. If you choose to pay the case expenses in advance, you will lose your money in the event your case is lost or your lawyer no longer wants to represent you for your accident and you cannot find another lawyer.

Why would you want to advance the expenses for your accident case? Because if you choose to pay the case expenses in advance, your legal fee will be lowered by 1/3 of the amount of your expenses.

Example of the two options, if your case settles for $100,000 and expenses are $1,000

If your lawyer pays the case expenses in advance:
$100,000.00      Total settlement
-$33,333.33 33 1/3 legal fee
-$1,000.00         Expenses (paid back at end of the case)
$65,666.67        Amount to you (no income tax on money for pain and suffering)

If you pay the case expenses in advance:
$100,000.00      Total settlement
-$1,000.00         Expenses paid back at end of the case
-$33,000.00       1/3 legal fee
$66,000.00        Amount to you (no income tax on money for pain-and-suffering)

We have not had any clients who wanted to advance case expenses and we prefer to advance the case expenses because it makes it much easier for us.

Why Would My Accident Lawyer Ask Me for Money?

If your accident lawyer is asking for any money upfront or during the case, it either means:

  1. The lawyer doesn’t have confidence in your case or
  2. The lawyer has money problems.

Why Shouldn’t I pay Money to My Accident Lawyer?

  1. If your personal injury lawyer doesn’t have confidence in your case, you could lose your money if you pay upfront.
  2. If your personal injury attorney is asking you for money now, it’s highly likely that your attorney will ask you for money later again during your case! What will you do when you’re a lawyer calls you 8 months from now and asks you to pay $1,500 for a doctor’s report?

Do not pay money to an injury attorney

If you are injured in an accident, your personal injury lawyer should never ask you for any money!

We charge a 1/3 legal fee which is also paid at the end of your case and only if we are successful.

See our SIMPLE FEE GUARANTEE and detailed but easy-to-read article about how much it costs to hire a personal injury attorney and the difference between other accident attorneys and us.

See what is included in our legal fee and what expenses we do not charge you.

See more FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
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How Long Does a Personal Injury Case Take to Settle?

Q. How long does a personal injury case take to settle?

A. A personal injury accident case in New York typically takes anywhere from 4 months to as much as 5 years to settle. The quickest we ever settled a personal injury case was 7 weeks, for the entire insurance policy. Our client was hospitalized with a leg fracture and we were able to get the hospital records quickly.

This article will explain why a personal injury case can take a long time to settle. You can also see a visual timeline of a personal injury case and lawsuit.

To understand the question How Long Does a Personal Injury Case Take to Settle, this article will first explain the difference between a personal injury case and a personal injury claim, the difference between a settlement and a trial verdict, and then will go through all the stages of a personal injury case until a jury verdict at trial is awarded.

When you’re done reading this page, you’ll know the answer to why is my lawyer taking so long to settle my case!

What is the Difference Between a Personal Injury Case vs. a Personal Injury Claim

A personal injury claim is the beginning of the entire process of a personal injury case. If a personal injury case is settled in the claim stage, it means that the personal injury case was settled prior to filing a lawsuit.

When a personal injury case cannot be settled in the claim stage or a lawyer knows that the case will never be settled in the claim stage, a lawsuit will be filed in court.

What is the Difference Between a Settlement vs. Trial Verdict

A personal injury case in New York is almost always settled before a trial. But most people don’t know that even if a personal injury case goes to trial there are three times when personal injury cases are often settled:

  • After picking a jury but before the trial starts
  • During the trial
  • Even after a jury renders a verdict, a personal injury case is still likely to be settled because the defense can file an appeal.

If the injured plaintiff or defendant doesn’t want the case to go through the appeals process, a settlement may be reached which can be for the same amount as the jury verdict or less than the amount the jury awarded. Either way, the plaintiff will sign a release in settlement of the personal injury case.

How Long Does a Personal Injury Case Take?

As stated above, in New York, a personal injury case typically takes anywhere from 4 months to as much as 5 years. Following are some of the factors that affect the time a personal injury case in New York typically takes:

  • The type of injury can speed up or slow down a personal injury case (a broken leg will make a case go faster because it’s worth a lot of money and the injury is known immediately while a back injury will take many months and even years of treatment).
  • The complexity of the case (some personal injury cases are much more complicated to determine who was negligent and by how much. Multiple defendants will also make it more complicated).
  • Which state the court is in (New York State for this article)
  • The county where the court is located (cases go much faster in Nassau than in The Bronx)
  • The age of the plaintiff (a plaintiff who is 70 years old or older is entitled to have the case got to the front of the line while waiting for a trial date).
  • Whether the case is settled early on or goes to trial much later.

Timeline of Settling a Personal Injury Case in New York

  • 7 weeks was the fastest we ever settled a case (for the entire insurance policy).
  • Quick settlements usually take 4-12 months.
  • After a lawsuit is filed, cases may be settled within 12-24 months.
  • After that, cases don’t usually settle until it’s close to the trial date. The time it takes to get to trial is typically 3.5 years to 5 years from the date of your accident.

Of course, we will try to move your case as fast as possible. Not only do you need the money but we would also rather get the money sooner than later. That’s why we will push to have your deposition done if the defendant isn’t available. It can save 6-12 months of delaying tactics.

See a visual timeline of a personal injury case and lawsuit.

The rest of this article will the question will explain all the stages of a personal injury case so you can understand how long does a personal injury case take to settle?

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Investigating the Accident

A personal injury lawyer will start a personal injury claim by investigating the claim:

  1. Request a copy of an NYPD police report or Request a copy of a police report on Long Island to see how the police think the accident happened and to provide a copy to the insurance company
  2. Obtain photos of the accident scene
  3. Obtain witness statements
  4. Determine how the accident really happened (we see many police reports that are obviously wrong)
  5. Identifying all the people and companies that may be responsible for causing your injury and
  6. Identifying all of their insurance companies
  7. Do an insurance search, if necessary
  8. Obtain the insurance policy declarations page showing the amount of insurance
  9. Do an asset search, if necessary.

Claim letters will be sent to every potential defendant and their insurance companies. There is a lot of other work that will also be done.

The Injury Makes a Difference

There is a lot of other work that a personal injury lawyer will have to do but the first thing that could delay a case is the type of injury.

When someone has a broken bone, a lawyer can immediately request the hospital records. It used to take us 2-3 months to get the hospital records but using federal law, we now get hospital records within 30 days.

If the value of the broken bone is more than the insurance policy, we can usually force the insurance company to settle the case immediately for the entire insurance policy. If the insurance policy is larger than the value of the injury, we will have to wait for more medical treatment and seek a settlement later.

If a settlement can’t be reached, and the injury is worth more than the insurance policy, a lawsuit will usually be filed immediately.

The Injury Can Delay Settlement of a Personal Injury Case

If there is a big insurance policy that is a lot larger than the value of the injury, a personal injury case can be delayed if medical treatment is continuing because continuing medical treatment increases the value of the case.

When someone has a neck or back injury, treatment is often provided over a long period of time and may result in surgery a year or two later. If the insurance policy is large enough, personal injury lawyers will often wait 6-12 months before trying to settle or file a lawsuit to see what will happen with the medical treatment and whether the client will need surgery.

We have had many cases where clients didn’t think they would get surgery but a year or two later, they did and the value of the case increased by nearly a million dollars.

Settlement Before Filing a Personal Injury Lawsuit

Once the client has either finished receiving medical treatment or has received a sufficient amount of medical treatment, your personal injury lawyer will order the medical records from each hospital, doctor, radiology facility, and physical therapy facility.

The medical records will be sent to all defense insurance companies together with a claim letter outlining the liability of the defendants and either demand the entire insurance policy or another amount.

When the injury is worth more than the insurance policy limit, the case might be settled for the entire insurance policy before filing a lawsuit.

If the lawyer attempts to settle a neck or back injury case in the first few months, the insurance company may not offer any settlement or may offer only a few thousand dollars.

We have had clients with neck or back injuries that would have settled for $20,000-$45,000 within the first few months but because we waited our clients later had surgery and their cases were settled for much more money.

In one case where our client had a previous existing neck injury, our client had neck surgery more than a year after the accident. We settled the case for $1 million. If we had settled earlier, the insurance company would have offered only a few thousand dollars.

Another case was settled for $750,000 where our client had back surgery more than a year after the accident and also had a previous existing lower back injury. Again, the insurance company would have offered only a few thousand dollars if we had settled earlier.

Do Insurance Companies Ever Refuse to Settle?

It is common for insurance companies to offer nothing or almost nothing before a lawsuit is filed or before a trial even when it’s obvious that they will have to pay a lot of money at trial.

We have had many cases where the insurance company never made an offer 1) even though our client had serious injuries and 2) we won Summary Judgment which means that the court ruled that the defendant is 100% at fault and awards 9% interest on top of the judgment that a jury awards. In many of those cases, we obtained more than $1 million.

If a personal injury case cannot be settled, a lawsuit will be started. Depending upon numerous factors, lawsuits are usually started within 3-18 months after the accident.

The Personal Injury Lawsuit

A lawsuit for personal injury is started by purchasing an Index number and filing a Summons and Complaint against all defendants.

A Summons and Complaint makes numerous legal allegations about the accident, negligence of the defendant(s), and the injuries.

Copies of the Summons and Complaint are sent to a process server to serve all the defendants. It usually takes a couple of weeks for the process server to serve all the defendants.

Once the defendants are served with the Summons and Complaint, the defendant’s insurance company will hire a defense lawyer to represent each defendant.

The defense lawyer will serve a legal document called an Answer, usually within 2-4 weeks after the Summons and Complaint are served. The Answer will deny almost everything alleged in the Summons and Complaint.

The most important thing that we look for in the Answer is that the defendants admit ownership and maintenance of the property or ownership and operation of the vehicle involved in the accident.

Discovery

After the Answer is filed, the Discovery phase begins. Discovery is the process during which each side is allowed to discover the information known to the other side. In New York, the Discovery phase usually takes 12-24 months.

During Discovery:

Depositions

A deposition is where the attorney for one party asks questions of the other party. The questions and answers are recorded by a court reporter. Read more about how the depositions are conducted and how we prepare you for your deposition.

Most lawyers try to schedule the deposition testimony of both sides on the same day but we have found there really is no advantage to this. The disadvantage is that it usually causes delays of 6-12 months when the defense attorney claims their client isn’t available.

To avoid this delay, we often have our client testify even if the defendant is not ready. This forces the defendant to stop delaying tactics. Once your deposition is completed, the defense doesn’t want to explain to the judge why the defendant didn’t appear at a deposition.

Defense Medical Exam

After the plaintiff has testified at a deposition, the plaintiff will be examined by the defendant’s insurance company doctor or doctors. The most common medical exams conducted by the defense are Orthopedic and Neurology.

How Much Work Goes into a Personal Injury Lawsuit?

This is the size of the paper file in a case that went to trial – it weighed 60 pounds!
How long did this personal injury case take? Two years. The papers in the file of this case filled 6 legal folders in two boxes and shows why a personal injury case takes so long.

We are now a “paperless” office so every paper is scanned and stored in our computer server and backed up. Before trial, many of the papers are printed to make it easier to prepare for trial. After the trial, they are shredded. We don’t charge for computer storage and backup, copying, shredding, and many other expenses! See our Simple Fee Guarantee

Do I Need to Spend a Lot of Time on My Personal Injury Case or Lawsuit?

Q. If my lawyer has so much paperwork and many court appearances, do I have to spend much time with my personal injury case or lawsuit?

A. No. Other than the time to see your doctors, you will not have to spend much time being involved with your lawsuit.

In fact, you will spend more time dealing with your accident without a lawyer than you will if we represent you. That’s because we fill out many of the forms that you would have to fill out without a lawyer and we take care of problems that you would have to deal with, such as getting medical bills paid.

If your personal injury case is settled before a lawsuit is started, you will not need to spend any real time to be involved with your case.

If your personal injury case cannot be settled and a lawsuit is started, you will not appear at the court conferences. Only the lawyers for both the plaintiff and the defendant will appear at the many court conferences.

How Much Time Do I Need to Spend on My Personal Injury Case or Lawsuit?

If your personal injury case has not been settled and a lawsuit must be filed, the time you will need to spend on your personal injury lawsuit will be:

  • 3 hours to prepare you for your deposition
  • 2-5 hours for your deposition, and
  • 1 hour in the waiting room for the defense medical exam which usually is done in five minutes.

If your case still is not settled by the time it goes to trial, your trial will likely take anywhere from 3-10 days.

Waiting for a Trial Date After Your Personal Injury Case Is Finished

After your medical exam by the insurance company doctor, there will be one or more court conferences where your attorney will seek a court order allowing your accident case to be certified as ready to be placed on the court’s trial calendar. Your case must be finished before being allowed to be placed on the court’s trial calendar.

It is now approximately 18 months-3 years after your accident. When your case is placed on the court’s trial calendar, the court issues a trial calendar number, just like taking a number at the DMV.

Under certain circumstances such as if you are 70 years old or have a terminal illness, you will be entitled to a “special preference” which will put your case at the top of the trial calendar. If you are entitled to a special preference, your case can go to trial within a couple of months.

The purpose of placing your case on the court’s trial calendar is to wait and wait and wait for the court to have a judge, courtroom, and jury available for your case.

We have to wait in line similar to waiting at the DMV. At the DMV, you take a number and sit down until you are called two hours later. But waiting online for a trial date is a lot longer than waiting at the DMV!

How Long Is a Personal Injury Case on the Court’s Trial Calendar?

Once a personal injury case is placed on the court’s trial calendar, it typically takes 18-24 months before the trial is held.

While we are waiting, we have to come to court a dozen times or more just to say we are ready to try your case.

This allows the court to make sure that everyone is alive and the case hasn’t been settled. Each time we come to court, we sit in a large room and wait a couple of hours just like in the video below!

This Could Be the Trial Assignment Part with Attorneys Waiting to Be Called for Trial!

Why Does It Take so Long for the Court to Give You a Trial Date?

Trials usually tie up a courtroom and judge for 1-2 weeks, so with all kinds of trials going on it takes a long time because the court needs a courtroom, a judge, and a jury to give you a personal injury trial.

Personal injury trials go to the back of the line. Other trials such as commercial litigation and divorce get priority and go to the front of the line.

With personal injury trials going to the back of the line, you’ll wait 18-24 months.

But, as mentioned before, if you are entitled to a Special Preference because you are 70 years old or have a terminal illness, your case will go to the top of the trial calendar and can go to trial within a couple of months.

How to Find the Status of Your Personal Injury Case in New York

If you want to see how your New York personal injury case is progressing through the New York State Supreme Court, you can search for your case for free on elaw.com or Find New York State Civil Supreme Court cases on the NYS Supreme Court website.

How Long Does It Take to Get a Personal Injury Settlement Check?

Our clients usually receive their settlement check within 2-4 weeks but it can take a little longer if there are liens or New York City is a defendant. For more detailed information, see our article How long does it take to get my settlement check after settling my accident case?

How Long Did the Longest Personal Injury Lawsuit in the US Take?

The oldest-longest running lawsuit in the country is a discrimination case. The case is 53 years old and was finally settled, sort of. Well, it’s not quite finished! U.S. District Judge Marvin Aspen approved a settlement allowing the Chicago Housing Authority to finish the 53-year-old case by July 2024.

The lengthy lawsuit was a class-action that alleged the Housing Authority discriminated against lower-income, African-American residents by denying them access to better-resourced, white communities.

If you were injured in an accident in New York, we will make your personal injury case go as fast as possible.

Related Articles

Timeline of a Personal Injury Case

Personal Injury Settlement Calculator

Personal injury settlement amounts examples

See more answers to FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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Comments about How Long Does a Personal Injury Case Take to Settle?

Should I Agree to a High/Low at Trial or Arbitration?

What Is a High/Low Agreement?

Making a High Low Agreement

A High/Low agreement is a form of settlement between the plaintiff and the defendant’s insurance company to create a range with upper and lower limits that the plaintiff can receive at either arbitration or trial.

It guarantees the minimum the plaintiff can receive and the maximum the defendant will have to pay.

When an offer of a High/Low agreement is made by the defense, your attorney has an ethical obligation to communicate the offer with his/her client because it is a settlement offer. A lawyer cannot decline or enter into a High/Low agreement without the client’s consent.

How Does a High/Low Agreement Work?

The “Low” provides a minimum amount of money the insurance company will pay if you lose your case or a decision, judgment or verdict is less than the “Low”.

The “High” is a cap or maximum amount of money the insurance company will pay even if you obtain a decision, judgment, or verdict for more than the agreed amount.

The details of a High/Low agreement should be written on paper since many aspects of this type of settlement are complicated.

The details of a High/Low agreement are usually not disclosed to a jury but may be disclosed to an arbitrator or judge at trial.

Example High/Low Agreement Result

The defendant’s insurance policy has a liability limit of $300,000. The insurance company enters into a High/Low agreement of $40,000/$200,000 with the injured plaintiff.

If the jury or arbitrator awards $0, the plaintiff receives $40,000
If the jury or arbitrator awards $475,000, the plaintiff receives $200,000
If the jury or arbitrator awards $150,000, the plaintiff receives $150,000

High/Low Agreement At Arbitration

Both the plaintiff and the insurance company must consent if arbitration is desired. Insurance companies will often try to get a Hi/Low agreement and may decline to arbitrate without it.

Insurance companies usually will not agree to arbitrate without a High/Low agreement if the insurance policy’s upper limit is substantially more than the case is worth such as a $500,000 insurance policy and a case worth approximately $25,000.

When there is an umbrella insurance policy, the insurance company will try to get an agreement to prevent any money from being paid by the umbrella policy.

A decision at a binding arbitration usually cannot be appealed. Additionally, since a High/Low agreement is a settlement, the arbitration decision usually cannot be appealed.

Subject to our client’s approval, we do not agree to High/Low agreements at arbitration unless the insurance policy is much more than the case is worth. If the insurance company is afraid that an arbitrator will award more money, then it’s likely a jury will also. It’s our position that since we can take the case to trial with a jury without a High/Low agreement, why should we agree to it at arbitration.

What Is Arbitration?

At a typical arbitration in New York, your case is heard by an arbitrator, instead of a jury, who provides a final decision that is binding on both sides. The arbitrator is employed by a private company which is paid by both sides.

Arbitration will usually speed up a case; take 2 hours instead of a week or more at trial, and can cost $1,500 instead of $15,000-$25,000 for a trial.

See more information about arbitrations and Why We No Longer Agree to Arbitrate Personal Injury Cases.

High/Low Agreement At Trial

Although you don’t need the insurance company to agree to a trial, they frequently try hard to convince the plaintiff’s attorneys to agree to a High/Low at trial. A lot of attorneys agree.

If you agree to a High/Low agreement at trial, the insurance company has no incentive to make a settlement offer of a specific amount and your case will go all the way to the jury at trial and will not be settled on the “doorstep” of the court.

Because a High/Low agreement is a settlement, the jury verdict usually cannot be appealed, although appellant rights can be retained in a written High/Low agreement.

In a New York motorcycle collision (not our case), the parties orally entered into the court record a high-low agreement in which the plaintiff would receive “anything the jury comes back with” between $150,000 and $900,000.

The jury returned a verdict for $225,000 but attributed 75 percent of the fault to the plaintiff, thus reducing his amount to $150,000. The plaintiff appealed claiming he should receive $225,000, the full amount of “anything the jury comes back with” between $150,000 and $900,000 and it should not be reduced for comparative negligence, but the state appeals court rejected the appeal because the high-low agreement didn’t address the issue of comparative negligence. Batista v. Elite Ambulette Service Inc., 281 A.D.2d 196 (N.Y. App. Div. 2001).

Some of the items to be considered in a written High/Low agreement include the right to collect prejudgment interest; the right to appeal comparative negligence; and the question of whether a high-low agreement reached during a retrial would cover the costs of an earlier mistrial.

Preserving some appellate rights, other than the damage amount, in a high-low agreement keeps both sides honest and can alleviate fears that a less scrupulous lawyer might try to introduce improper evidence or statements. Without the threat of appeal, there is little incentive to keep all sides above board.

Unless there is an additional and substantial advantage or our client wants it, we never agree to a High/Low agreement at trial because it usually just benefits the plaintiff’s attorneys by ensuring that we get our money back for the trial expenses.

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High/Low Agreements When There Is More Than One Defendant

Since the decision of the Court of Appeals on June 27, 2007, in Matter of Eighth Judicial District Asbestos Litigation, the disclosure of High-Low agreements to the court and to all parties is required. Failure to disclose the high-low agreement could result in appeals and a new trial.

In that case, the plaintiff with mesothelioma entered into a high-low agreement with only one of the two defendants consisting of $155,000 low and $185,000 high (I think a high-low agreement with a $30,000 spread is insane).

Surprise, surprise! The jury awarded $3,750,000. The jury apportioned 40% of the award to defendant Niagara and 60% to the defendant, Garlock. Defendant Niagara who entered into the agreement had to pay only $185,000! But Garlock was supposed to pay $2,250,000. After the trial, Garlock found out about the high-low agreement with the other defendants and was understandably upset.

Garlock moved to set aside the verdict and for a new trial, but the trial judge denied the motion and entered judgment against the defendants. Garlock appealed to the Appellate Division which confirmed. Garlock then appealed to the New York State Court of Appeals which reversed, ruling in favor of Garlock.

The NYS Court of Appeals did not rule on whether the high low agreement or its terms should be disclosed to the jury. This is a matter that should be discussed with the trial judge but I do not believe that there is any necessity of disclosing the agreement to the jury. In fact, if I were to enter into a high-low agreement, I would do so with the condition that the agreement is canceled if the judge rules that the agreement must be disclosed to the jury.

Why Do Insurance Companies Want High/Low Agreements?

The High limit or cap has extreme value to the insurance company because it:

  • Guarantees their insured will not be personally liable for any money from their personal assets if the verdict is above the insurance policy;
  • Guarantees the insurance company won’t become liable to pay a verdict above the insurance policy. A verdict above the insurance policy can subject the insurance company to “bad faith” making the insurance company responsible to pay the amount above the insurance policy;
  • If the “High” limit is lower than the insurance policy limit, it can save the insurance company money;
  • If the plaintiff won summary judgment on liability, the insurance company would have had to pay 9% interest. A High/Low agreement will allow the insurance company to escape liability to pay 9% interest unless it’s included in a written agreement or on the record; and
  • If the insurance company has to pay money above the insurance policy, it is paid from corporate profits and someone will be fired. Claims representatives and defense attorneys have been fired on some of our cases.
  • If there is an umbrella insurance policy, there is a very substantial benefit to the insurance company with the underlying insurance policy because, without a High/Low agreement, the underlying insurance company could be subject to a bad faith action from the umbrella insurance company.

When Should You Never Agree to a High/Low Agreement?

  • When you have a case that you think will evoke extreme sympathy.
  • If the Low limit of the agreement does not leave you enough money after deduction of attorney fees, trial expenses, and other case expenses.
  • When the High limit is substantially lower than the value of your case.

An example of why we don’t like High/Low agreements is a wrongful death case where the family of a woman who died agreed to cap the jury verdict at $2.9 million. The jury gave a verdict of $31 million against a hospital but the family could only receive $2.9 million. The family was represented by a well-known attorney-partner at a well-known law firm.

When Should You Agree to a High/Low Agreement?

High/Low settlement agreements typically the insurance company more than the plaintiff. However, there are benefits to the plaintiff.

It is often argued that High/Low agreements help to improve the image of lawyers, making plaintiff’s lawyers seem less greedy and defense lawyers more reasonable. If you’re concerned about the image of lawyers, you might be inclined to enter into a High/Low agreement.

The most obvious advantage to a plaintiff is the secure feeling of knowing that if you lose or the jury returns a very low verdict, lower than the High/Low agreement, at least you’ll walk away with some money.

We generally dislike the idea of trying personal injury cases with a High/Low agreement. It’s our position that if the insurance company is going to force us to trial, we prefer to prove our case and the chance of a high verdict in the amount we feel our case is worth.

However, we have many cases and can easily afford the loss of the case including the cost of case expenses and trial expenses. Our client has only one case and the money is likely much more important to our client than it is to us.

When you’re worried about the costs and increased legal fees of an appeal.

Both the low amount and the high amount are negotiable.

Other items are also negotiable for the High/Low settlement agreement. For instance, the plaintiff could demand a summary jury trial in which the contents of the medical records are argued to the jury instead of paying doctors to testify. Not only does it save money for the plaintiff but the insurance company also saves money.

Items to Consider Including in a Written High/Low Agreement

  • Factor into the range the attorneys’ fees and case expenses;
  • That there will be no disclosure of the agreement to the jury.
  • Whether any disputes regarding the agreement will be decided by the trial judge or how else resolved.
  • Whether the agreement will include prejudgment or post-judgment interest, costs, and disbursements;
  • Whether the agreement will include collateral source deductions;
  • Whether to preserve or waive appeal rights such as the right to appeal a decision of comparative negligence;
  • Whether to preserve or waive appeal rights such as the right to appeal a judge’s order or dismissal;
  • Whether to preserve or waive the right to make any motions at the close of the other party’s case.
  • Whether to preserve or waive the right to post-trial motion practice.
  • Whether a deadlocked jury constitutes a “verdict”;
  • Whether a mistrial constitutes a “verdict”;
  • Decide who pays for the cost of a mistrial;
  • Whether the agreement will continue with a retrial when there has been a mistrial;
  • Whether the agreement will contain a “covenant not to collect” in excess of the verdict;
  • Whether the agreement will deal with confidentiality and non-disparagement;
  • Whether the agreement will contain an integration clause;
  • Whether the agreement will provide that the plaintiff is to satisfy all liens and hold the settling defendant harmless from those liens;
  • Provide a date before which payment must be made;
  • Take into consideration special interrogatories and post-trial motions and their effect on the agreement;
  • Advise all parties of the High/Low settlement agreement and obtain consent from the client;
  • If the plaintiff is an infant, obtain a court order approving the High/Low settlement;
  • If there are multiple parties to the litigation, advise them of the agreement;
  • If at trial, advise the judge and state the agreement on the record with the client agreeing, on the record, to the terms of the agreement.

Sample Form for Informed Consent for High-Low Agreement

Download a free sample form for attorneys for clients to sign their informed consent to participate in a High-Low Agreement.

Disclaimer

The advice here is general advice for our clients to review and discuss with us. We are not your attorneys unless you sign a retainer with us and without a retainer, we cannot provide you with advice so the information here is not advice about your case but only general information. Unfortunately, every case is wildly different so it’s not possible to provide advice for your particular case. The decision as to whether or not to offer, accept or enter into a High/Low agreement is a complicated decision that requires knowledge of many facts of the particular case. Also of importance is the attorney’s experience and ability to negotiate and prepare for trial.

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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Lawsuit Loan FAQs – Should I Borrow Money on My Accident Case?

Injured in an accident and now you need to borrow money on your case? Accident lawyers are not allowed to loan money to their clients but you can get a “loan” from a lawsuit settlement advance funding company.

What Is a Lawsuit Pre-Settlement Loan?

The money you receive from a lawsuit funding company is not a loan!

Loans are usually repaid monthly and have to be paid back no matter what. A cash advance from a lawsuit funding company is only paid back at the end of your case and does not have to be paid back at all if your case loses.

The money that a lawsuit funding company provides is a cash advance of a portion of your settlement. The technical name for a lawsuit cash advance “loan” is a non-recourse note.

The lawsuit funding company pays you to purchase your right to a portion of the lawsuit award or settlement in the future.

This allows lawsuit funding companies to charge very high-interest rates which they need to get to offset the times when they lose their money. Sometimes cases are lost. Sometimes clients pass away before settlement and the case value decreases substantially. Remember, the funding company only gets paid back if your case settles for enough money to pay them back.

Man thinking should I get a personal injury lawsuit loan?

When Can I Borrow Money On My Accident Case?

You can borrow money any time after you retain a lawyer for your accident, even before a lawsuit is filed. However, your lawyer will first have to obtain medical records showing your injury and some other records to provide to the lawsuit loan company.

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Why Doesn’t My Personal Injury Lawyer Want Me to Get a Lawsuit Loan?

Many lawyers do not want a client getting a lawsuit loan because if the client owes too much money it can cause the client to demand a bigger settlement and decline a reasonable settlement offer.

We will be happy to get you a lawsuit loan if you need it.

How Can I Get a Lawsuit Loan Without an Attorney?

Unfortunately, you cannot get a lawsuit loan (cash advance) without an attorney. There are three reasons why you need a lawyer to get a lawsuit loan (cash advance):

  1. Without a lawyer, you will never get a reasonable settlement. A lawsuit loan company will not advance money to you unless they believe the company will be paid back. They know you will not be able to settle your case for enough money to repay the cash advance if you are not represented by a lawyer.
  2. A lawsuit loan company needs your lawyer to provide a copy of the following: police report, insurance information, a letter from the insurance company acknowledging the claim, hospital records, and medical records to determine if they want to give you money. In some cases a lawsuit loan company may require additional documents, and
  3. A lawsuit loan company needs your lawyer to guarantee repayment if your case is settled.

What Can I Do If My Personal Injury Lawyer Can’t Get a Cash Advance?

If your lawyer cannot get a lawsuit loan company to give you a cash advance, you can call lawsuit loan companies directly.

Most personal injury lawyers deal with only one or two lawsuit loan companies but there are many. If you look on Google and call several lawsuit loan companies you may find one willing to give you a cash advance. They will then call your personal injury lawyer.

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How Much Money Can I Borrow On My Accident Case?

You cannot borrow as much as you want, as often as you want.

One lawsuit cash advance company, Law Cash, will advance no more than 10% of the insurance policy or a conservative case value, whichever is less.

Subsequent loans can be made but the total of those loans and interest will still be subject to the maximum amount that the lawsuit cash advance company is willing to loan.

Money can be paid out monthly over a period of 6-12 months.

Example of How Much You May Be Able to Borrow On Your Accident Case

These examples are given for illustrative purposes and may not be accurate because I never worked for a lawsuit cash advance company and every lawsuit cash advance company operates differently.

Example 1: Assume the lawsuit cash advance company evaluates your injury to be worth $50,000 and the insurance policy is $100,000, you will be able to receive a maximum of $5,000.

Example 2:  Assume you are injured in an accident and your personal injury attorney believes your case is worth $500,000 and there is enough insurance to pay that amount. The lawsuit cash advance company may put a value of $250,000 on your case for the purpose of the cash advance.

You ask for and receive a $15,000 cash advance on your personal injury case 2 months after your accident.

6 months later, you ask for and receive another cash advance in the amount of $5,000. You have now received a total of $20,000.

6 months later, you ask for another cash advance in the amount of $15,000.

It is likely that you would only be able to receive another $5,000 which brings the total advanced to $25,000 which is 10% of the $250,000 value estimated by the lawsuit cash advance company

When Can I Be Denied By a Lawsuit Funding Company?

Three reasons you could be denied a lawsuit loan:

When It’s Too Early

Your personal injury case isn’t ready yet. if the documents required by the lawsuit loan company are not yet available, you may be temporarily denied.

For instance, your personal injury lawyer may not have been able to get a police report yet or your hospital or medical records yet.

If You Don’t Have a Good Personal Injury Case

If your personal injury case doesn’t meet the criteria required by the lawsuit loan company, you will be denied. However, this is not common. If your case is good enough for a personal injury lawyer to represent you, then a lawsuit loan company is likely to agree that you have a good case and will advance you some money.

We have had personal injury cases that were turned down by three other lawyers, like when our client ran a red light or admitted he ran a stop sign. We settled those cases for the entire insurance policy of $100,000 but it’s unlikely you would get settlement advance money on a case like that.

If You Already Borrowed Too Much on Your Personal Injury Case

It’s not likely that you will be declined a cash advance If you haven’t yet borrowed money on your accident case.

If you were declined additional cash advances because your lawsuit cash advance company says you owe too much, another lawsuit advance company might loan you money at a higher rate but they will have to pay off your first loan and all the money you borrowed will now be at the higher rate. At some point, you won’t be able to borrow any more money.

You cannot go to another lawsuit cash advance company and borrow money from them without telling them you already have a previous cash advance. That won’t work because:

  1. you would be committing fraud;
  2. your lawyer cannot hide that fact; and
  3. the cash advance company will find out anyway.

Lawsuit cash advance companies use a nationwide clearing association to check if you have already obtained money against your lawsuit.

When you request a cash advance, they will run a “credit report” to see if you have received money from any other lawsuit cash advance company. They will even look at previous cases where you received money to see if there were any problems.

This image shows an email sent to our law firm from a lawsuit cash advance company when they denied a cash advance to our client. They emailed us a copy of the “ALPHA IMS ALERT” which is the notes of what was reported to the nationwide clearing association about the client’s previous lawsuit funding.

Lawsuit Funding Alert email

Lawsuit Cash Advance Funding ALPHA IMS ALERT

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How Long Does It Take to Borrow Money On My Accident Case?

We can usually get approval in 2 hours and money for you within one day. We are a LawCash (Cartiga) VIP personal injury law firm that allows us to get your money faster and at a preferred lower rate!

law cash loans

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Why Is It Taking So Long for My Lawsuit Loan to Get Approved?

If there is a delay of more than one day to get your lawsuit loan approved, it is likely because the required documents weren’t yet available or you have a personal injury attorney who does not like lawsuit loans.

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What Is Needed for a Lawsuit Loan?

You will need the following to get a lawsuit loan (lawsuit cash advance):

  1. Be represented by a personal injury lawyer willing to cooperate with the lawsuit cash advance company.
  2. Document showing the accident happened and how, such as a police report, ambulance report, incident report, urgent care record, hospital record, or doctor record.
  3. Proof that the person or company responsible has insurance and policy information.
  4. Medical record showing what your injury is.

Can I Get Money Every Month?

Yes. We can arrange for you to get a lawsuit settlement advance payment every month for up to 12 months. After 12 months, if you still need money, you will have to reapply.

Can I Get Cash or Do I Have to Get a Check?

No. With at least one lawsuit cash advance funding company we use, you can get your money by any of the following:

  • Debit card
  • Check or
  • Cash

Esquire Bank, located in Brooklyn on Court St, can give you use their MasterCard debit card and deposit all of the money to your debit card or deposit money every month to your debit card.

Lawsuit Cash Advance Debit Card

Lawsuit Cash Advance Debit Card

If you want cash, you can cash the check they give you at Esquire Bank in Brooklyn. You would pick up a check at their office and cash it at Esquire Bank in the same building.

Is It a Good Idea to Borrow Money Against My Accident Case?

It may be a good idea to get a lawsuit cash advance when you need money to pay:

  • Medical treatment
  • Rent
  • Mortgage payments
  • Car payments
  • Other living expenses

If you’re considering borrowing against your 401(k) account, you should instead consider borrowing against your lawsuit.

If you’re considering borrowing against the equity in your house, you might instead want to consider borrowing against your lawsuit.

Borrowing money for medical treatment, especially surgery can make sense when you need medical treatment. The additional medical treatment will likely make your case worth more money than what you have to pay back.

A lawsuit loan makes sense when you want to accept a low settlement offer because you need money. A lawsuit loan can allow you the additional time your lawyer needs to get a larger settlement offer.

Example: The insurance company offers you a settlement of $60,000 for your torn meniscus with arthroscopic surgery. You need $5,000 now, so you want to settle. Instead, you can borrow $5,000 and take your case to trial.  Even if you have to pay back $17,500 for your lawsuit loan, you’re still way ahead if we can get you a lot more money.

Real-life example: GEICO offered our client a settlement of $10,000 for a torn meniscus with arthroscopic surgery. Our client borrowed $5,000 from LawCash to help pay the bills while he was recuperating from knee surgery. When the trial was finished five years later, $17,500 was paid back to LawCash. Because he did not have health insurance, his surgery and therapy were done on a medical lien and $8,400 was paid back to the doctors for medical treatment from the money awarded at trial. We obtained a jury verdict of $465,000 for his knee injury so even though he had to pay back $25,900 on his lawsuit loan, he was still way ahead.

However, the interest rate charged on lawsuit funding loans is substantial and it doesn’t make sense to borrow money unless it’s an emergency. But almost everyone has emergencies and after an accident, things just get worse!

What Can I Use the Money From My Lawsuit Advance For?

You can use the money for anything you want but it’s best not to borrow money if you can avoid it because it will cost you 2-4 times more money to pay back by the time your case is finished.

If you need to borrow money, we recommend using it to pay for:

    • Rent
    • Mortgage payments
    • Car payments
    • Health insurance
    • Medical treatment
    • Surgery
    • Veterinary bills (I include this because my pets are more important than me!)
    • Avoiding bankruptcy

If you use the money to pay for medical treatment or surgery related to your accident or health insurance that you use for medical treatment of your injuries, it can increase the value of your case many times more than the cost of interest when you have to pay back your cash advance.

Can I Use Money From a Lawsuit Loan to Pay off Credit Cards?

It’s not a good idea to use the money from a lawsuit loan to pay off your credit cards unless you want to avoid ruining your credit which has a credit score of 675. Credit cards usually have a lower interest rate and can be settled for a lot less money later when you have money after your personal injury case settles.

Can I Use Money From a Lawsuit Loan to Avoid Filing for Bankruptcy?

Yes. It can be a good idea to use the money from a lawsuit loan to avoid filing for bankruptcy.

If you file for bankruptcy, the bankruptcy court will appoint a trustee in bankruptcy who will take over your case. The bankruptcy trustee has the right to hire a new lawyer for your case and can even settle your case without your permission and take your money!

The trustee doesn’t care how much money you receive. The trustee will only care about getting money from your settlement to pay back your creditors. Basically, your case is an asset that can be used to satisfy creditors to whom you owe money.

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What Is the Maximum Interest Rate Allowed to Be Charged for a Lawsuit Loan Advance?

Loans are subject to maximum interest rates regulated by the state. However, the maximum interest charged for a cash advance lawsuit “loan” is not regulated in New York because it is not a loan (see above).

Since a cash advance is not a loan, lawsuit funding companies typically charge interest rates of 3%-4% per month which equals 36%-48% annually.

We are a LawCash VIP personal injury law firm that allows us to get your money faster and at a preferred lower rate usually 2.5% monthly interest. We can often get approval in 2 hours and money for you within 1 day. For a free consultation, call us 7 Days/Nights at 1-800-HURT-911 > 1-800-487-8911.

law cash loans

Lawsuit funding companies can charge whatever interest rate they want which is why you should compare lawsuit funding companies carefully.

Rates change from company to company and even within the same lawsuit funding company, there will be different rates depending upon the risk involved with your case, your injury, the amount of available insurance, and who your accident attorney is.

Besides the interest rate, there are other factors that will increase the cost or the amount you have to pay back.

How Much Will It Cost Me to Pay Back if I Borrow Money on My Lawsuit?

As a general rule, you will probably pay back 2-5 times the amount you borrow, depending upon how long it takes to settle your case.

Even if your case is settled soon after your cash advance, funding companies will charge a minimum period of interest, usually 6 months interest even if you pay a month after you borrow the money.

Some cases can be settled within a few months. For instance, if you have a broken leg in a car accident, bicycle accident, or motorcycle accident and the other car has a $100,000 insurance policy, your case could probably be settled within 2-3 months and you won’t need a lawsuit loan.

New York personal injury cases that can’t be settled typically take 3-5 years to reach a trial. While it’s possible that a case could be settled in the first year or two, in the last few years, insurance companies have frequently refused to make any settlement offer until the case is near trial.

Personal injury cases against New York City and New York City government agencies typically take 4-7 years to reach a trial.

It often takes approximately 1.5-3 years for your lawyers to finish working on a New York accident case. When you’re attorney notifies the NYS Supreme Court that your case is finished, your case then goes on a “line” waiting for the court to have a judge available for trial. It’s like waiting at the DMV, only much longer! The waiting period for a trial is typically 1.5-2 years.

The total time to reach a trial, after you see an attorney for your accident, is approximately 3-5 years.

One of our clients insisted on borrowing $15,000 to buy a motorcycle. By the time the case was settled for the entire $250,000 insurance policy, the repayment amount was $52,000. We got it reduced to $42,000 but that could’ve bought a really nice motorcycle.

Before you sign the final papers to borrow money against your settlement, be sure to review the payback schedule that the lawsuit funding company provides you. The payback schedule will show you the amount you will have to pay back on different dates.

This payback schedule shows the amounts due at 4-month intervals. $10,000 was borrowed on 10/27/2016 at 2.5% per month for a total of 30% annually. If the loan is paid back any time within the first 12 months or before 10/27/2017, 12 months interest is due. If the loan is paid back three years after borrowing, the payoff amount is $22,958.37.

Lawsuit settlement advance loan payback schedule

We have had many clients who said they would pay the money back before their case settles but no one ever has. If you need to borrow money on your case, just be prepared to have a lot of money deducted from your settlement to pay back your loan.

Lawsuit Loan Calculator — Calculate What a Lawsuit Loan Will Cost

It is often worth borrowing money on your accident case if you don’t need a lot; you could get a lot more money by settling later; and you’re borrowing the money for a good reason, not for a new TV.

If you’re borrowing money to pay for surgery, that will increase the value of your case probably more than the amount you have to pay back. Your lawyer can help you determine if it is good for you.

Lawsuit Loan Calculator

Use our lawsuit loan calculator to find out what one or multiple lawsuit cash advances will cost you and to compare one lawsuit loan vs another lawsuit loan. Factors computed by this calculator include how often the rate is compounding, origination or underwriting fee, monitoring fee, compounding method, and rates.

We often obtain lawsuit funding for 30% annually, but many law firms work with lawsuit cash advance companies that charge 36%-50% annually. Some law firms refuse to work with lawsuit cash advance companies. If your lawyer refuses to work with a lawsuit cash advance company, your only option is to not borrow money or retain a new lawyer.

This screenshot of a lawsuit funding company’s calculator shows an example of borrowing $5,000 over 36 months at 42% interest for an accident case with an early settlement offer of $35,000 versus a $100,000 settlement value just before trial. This assumes that the trial of the case is 3 years after borrowing the money. Without including fees, you would get an additional $37,250 by borrowing $5,000 so you could settle 3 years later.

Lawsuit Loan Calculator

How to Compare Lawsuit Cash Advance Funding Companies?

Use our lawsuit loan calculator to compare one lawsuit loan vs another lawsuit loan.

Look At The Following To Compare Lawsuit Loans:

      • Monthly interest rate
      • Interest rate period
      • Compounding
      • Underwriting fee
      • Annual monitoring fee

Monthly Interest Rate —

The monthly interest rate is just that. Lower is better. A monthly interest rate of 3.0% instead of 3.5% equals a 6% lower annual rate.

Interest Rate Period —

This refers to the period of time the interest will be charged. For instance, if your loan is paid back 12 months and one day after you receive the money, you may have to pay 18 or 24 months of interest.

There will be a minimum amount of interest time charged. Most lawsuit funding companies charge a minimum of 12 months interest after which the minimum period of time could be 6 or 12 months.

For instance, if you pay back your loan two months later you may still have to pay 12 months interest. If your lawsuit loan company charges a minimum of 12 months interest and a minimum of 6 months after that, you will pay 24 months interest if your loan is paid back more than 18 months after you receive the money.

Compounding —

Compounding is the interest calculated on the initial principal and also on the accumulated interest of the previous periods. You will want to know if the interest is compounded monthly, bi-annually, or annually.

The more frequently the interest rate is compounded, the more it will cost you. In other words, annually is best.

Underwriting Fee —

The underwriting fee is a one-time charge, usually $250-$750, to review your file including investigative materials such as a police report, medical records, and other records to determine how much the lawsuit funding company will loan you.

Annual Monitoring Fee —

This is usually a small one-time or annual fee to monitor your case and contact your attorney to determine the progression of your case and make sure that the lawsuit funding company gets paid back.

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Reasons Not to Borrow Money From a Lawsuit Funding Company

      • You want to borrow money for a new motorcycle. One of our clients insisted on borrowing $15,000 for a new motorcycle that cost $45,000 at the end of her motorcycle accident case.
      • The interest rate charged is higher than credit card interest rates.
      • By the time you decide to accept a fair settlement offer from the insurance company, which could be the entire insurance policy, you may find that you’re not getting much money after all the interest is paid on your lawsuit “loan”.
      • Because the interest owed accrues so quickly, you may feel pressured to settle your case prematurely for much less than its worth.
      • By the time the insurance company offers a realistic settlement offer, which is usually at the time of trial, the interest owed may be so much that you don’t want to settle and make risky decisions because of the amount you owe.
      • The lawsuit funding company requires confidential information about you and your accident, such as your medical records and other records so they can evaluate your case. This waves the attorney-client privilege and may waive the work product privilege which means the defense may be allowed to obtain copies of the records. The lawsuit funding company may even provide the defense with their written evaluation of the case showing an amount much less than your case is really worth, thereby making it more difficult to settle.

Medical Financing

Medical financing is a loan you obtain to pay for medical treatment or surgery. Medical loans may be obtained from a medical financing company through your doctor or by a lawsuit financing company.

Should You Borrow Money Against Your Lawsuit to Finance Medical Treatment or Surgery?

If you have medical insurance, it will always cost you less to go through your insurance.

Sometimes, an accident victim may not have health insurance or prefers to receive surgery by a particular doctor who doesn’t accept the health insurance. In this instance, medical financing can be appropriate. Surgery will increase the value of your case.

What Is the Difference Between a Lien and a Loan?

Another choice is to ask your doctor to provide treatment on a lien. A lien is an agreement signed by you and your lawyer which promises to pay your doctor at the end of your case.

With a lien, usually, no interest will be paid. Only the principal will be paid to your doctor at the end of your case. With a loan or medical financing, you will have to repay the principal with interest.

Usually, a lien is contingent upon the settlement of your case. If it is contingent upon settling your case, you will not have to pay it back if your case doesn’t settle. We just received a lien from a doctor who is going to do surgery and the lien is not contingent which means our client will have to pay it back whether his case settles are not.

Your doctor may agree to provide medical treatment on a lien or when surgery is needed may agree to a partial lien with partial medical financing.

Difference Between a Loan From a Medical Financing Company Versus a Loan From a Lawsuit Funding Company

A loan from a medical financing company will not be repaid from the settlement of your lawsuit. This type of loan is called a recourse loan and is a real loan. The interest rate will be subject to usury laws and will, therefore, have a lower interest rate. It will have to be paid back if you lose your lawsuit.

A medical loan from a lawsuit funding company will be repaid from the settlement of your lawsuit. This is the same as the lawsuit funding for personal reasons and will be at a higher rate of interest but will not have to be paid back if your lawsuit is not successful.

How to Create a Budget, Know How Much You Need to Borrow, and Borrow Less

Use a budget template to see how much money you need to live, where you can reduce your expenses, and how much money you will need to borrow on your accident case.

This article at the Huffington Post reviews 5 household budget templates. The templates use Excel spreadsheets. If you don’t have Microsoft Excel, you can download the entire Office Suite for free.

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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—Lia Fisse

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What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

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Can I Get Money for My Injury If I’m Homeless?

Yes. If you’re homeless, you’re entitled to get money from a personal injury case when you’re injured because of someone’s negligence. You may be able to get money immediately and your personal injury case could be worth $millions, even if you’re homeless, and YOU DON”T NEED MONEY TO HIRE US!

Do Personal Injury Lawyers Represent People Who Are Homeless?

Some personal injury lawyers may not be interested in your case if you’re homeless because of difficulties staying in contact. But we have obtained a lot of money for homeless clients.

One of my first personal injury clients was homeless. She was hit by a car in a pedestrian accident. It was because she was homeless that I got the phone number 1-800-HURT-911, so she could call me toll-free. I got her a lot of money that she was able to use to rent an apartment in New York City.

How Can I Get Money Right Now If I Am Homeless?

You may be able to get money right now if you were injured in an accident. The money is an advance of your personal injury settlement money. Just give us a call and we will let you know how quickly, we can get money for you.

If you want your case to move quickly because you’re homeless, we’re good at settling quickly!

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If I Am Homeless, Can I Get Money for an Accident and Keep My Government Benefits?

Yes. If you receive public benefits, like Medicaid, Snap Food Stamps, or Housing, we can protect your public benefits so you can receive both your settlement money and your public benefits.

Your settlement money from your personal injury case can be deposited into a Special Needs Trust with a credit or debit card you can use to pay for things you want. Another type of trust is a Pooled Trust that you can use to pay for things you want.

If I Am Homeless, How Do I Pay for Medical Bills After a Car Accident?

If you were hit by a car, the car’s No-Fault insurance company will pay for all of your medical treatment even though you were a pedestrian, homeless, and don’t have insurance. The car’s No-Fault insurance will also pay for your transportation to doctors.

If you were injured in a hit-and-run accident by a car that left the accident scene or a car that did not have insurance, you will have No-Fault insurance from MVIAC a New York State agency.

If I Am Homeless, How Do I Pay for Medical Bills After an Accident?

If you were injured in another type of accident, like a slip and fall accident or a trip and fall accident, and need medical treatment but don’t have health insurance or Medicaid, we can get you on Medicaid retroactively. We can also obtain medical treatment for you without Medicaid. If you have Medicaid and have difficulty finding doctors that accept Medicaid, we can find good doctors who accept Medicaid.

If you need transportation, we can arrange transportation for you.

Some Accident and Personal Injury Settlements We Obtained for People Who Were Homeless

I settled a case in three months and obtained the entire insurance policy for a homeless woman in New York City who was hit by a car. This was in addition to getting her hospital and medical bills paid.

We obtained the entire $50,000 insurance policy within a few months for another homeless woman on Long Island whose foot was run over by a car. This was in addition to getting her hospital and medical bills paid.

We settled a case for $40,000 for a homeless man who was struck by a taxi in the Bronx. We could have gotten more but he needed the money and wanted to settle quickly. This was in addition to getting her hospital and medical bills paid.

We settled a case in three weeks for $25,000 for a homeless woman who was struck by a car on Long Island. This was in addition to getting her hospital and medical bills paid.

See more FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Have a Question or Comment About Can I Have a Personal Injury Case If I’m Homeless? Leave a Comment!

Can I Have a Personal Injury Case if the Company Went Out of Business

Q. Can I get money for my injury if the company I am suing goes out of business?

A. Yes, as long as there was an insurance policy on the date of your accident.

You were hurt in an accident and were seriously injured. You were lucky because your injury was caused by a company with a lot of insurance. But suddenly, the defendant company is out of business. Is this a problem? Can you still get money?

Yes, you can still get money from the company’s insurance policy. It is only important that the insurance policy was in force on the date of your accident. If the company went out of business later, it doesn’t matter.

If the Company Goes Out of Business, Things Just Got Better for You!

When a company is out of business, it is likely that the principles of the company no longer care about the lawsuit.

The employees and supervisors who may have been negligent and responsible for causing your injury, will probably not care and will likely tell the truth, refuse to testify, or be unavailable to testify.

When the employee responsible for causing the accident doesn’t testify, there is no one to contradict your testimony about how the accident happened.

If the employee responsible for causing your accident doesn’t testify, you will likely be entitled to summary judgment on liability (a court ruling that the defendant is 100% responsible for causing your injury) which entitles you to 9% interest.

What Happened When Our Client Was Injured and the Company Went Out of Business

We represented a woman who injured her neck when she was knocked down by a forklift in a warehouse store.

forklift in warehouse store

After the accident, the store went out of business. The forklift operator was gone and, having no reason to cooperate, never testified at a deposition.

We won summary judgment on liability which entitled our client to 9% interest. The insurance company offered $750,000 and two months later settled for its entire $1 million policy.

See more answers to FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Have a question about Do I have a case if I was injured and the company went out of business? Leave a comment!