O'Malley Law Firm

Thomas K. O'Malley Esq.
Address: 4093 River Road
Latham, NY 12110
Phone: (518) 783-0493
Fax: (518) 783-0493
Email: Info@TheOMalleyLawFirm.com

Q: How much do you charge?
A: For most personal injury and negligence claims, there is no fee unless a client collects an award. If an award is made, I charge a one-third contingency fee.  The client is responsible for all fees.  For other cases, an hourly rate is charged; $175.00 per hour- in office work and $ 250.00 per hour- hearings, depositions, trials and in court work.

Q: What are typical expenses in a personal injury lawsuit? A: In New York, personal injury lawsuits filing fees usually amount to about $400. Deposition transcripts also usually total less than $500. The biggest expense is when a lawsuit goes to doctors and other experts have to be paid to testify. Clients have paid anywhere from $300 to $2,500 for a doctor’s testimony, and some doctors charge as much as $5,000. Other expenses include process servers, investigations, medical records, and meals. I do my best to limit expenses.

Q: What is the process?
A: First, I negotiate with the insurance company. If it cannot be resolved, a lawsuit is filed. Documents, records and other paperwork are exchanged for several months.  Again, if there is no settlement, then depositions are taken.  Depositions are sworn answers to questions asked by opposing counsel and can be used at a trial.  The insurance company will also have my client examined by their doctor (an Independent Medical Examination).  If the case continues, then there is a trial.

Q: How much is my case worth?
A: Each case is different. Various factors must be considered to assess its value.  In some cases, who is at fault is unclear and the injuries are not severe. These cases may well be worth nothing, or have a low enough value that it would not make sense to litigate the matter.  In other cases, liability is clear and the injuries are very severe. In such cases, the amount of insurance becomes an important factor.  For example, if the at-fault driver has low insurance coverage ($25,000 is the minimum in NY) you may have a claim against your own insurance company under "underinsured motorist" coverage.
When there is limited coverage and there is a solid case, I will try to convince the at-fault insurance company to settle quickly.  If they fail to follow through timely, this can lead to a "bad faith" claim that would allow the client to get more from the insurance company than the insurance coverage.  Bad faith cases are rare, and complicated to set up. In general, do not expect to get more out of a case than the available insurance coverage.

Q: What is No-Fault Insurance?
A: No-Fault insurance pays for various expenses for car accident victims in New York State. It applies to the occupants of a car, including pickups, SUVs, and most vehicles, but not motorcycle drivers or passengers, and also to pedestrians and bicyclists who are hit by a car.  Your medical expenses and lost wages are sent to the No-Fault insurance company, the insurance company for the car you were in (or the car that hit you if you were a pedestrian or bicyclist). They should provide you with the necessary paperwork. I can help you figure out which company to contact.  Make sure your doctors and other health care providers know that your case involves a car accident and that all expenses should be covered by No-Fault. They will need to know the name of the insurance company along with the policy number and/or claim number.