FAQs

FAQS – DEBT COLLECTION

Q When should past due accounts be referred to an attorney?   

A Generally speaking, we recommend that an account which is past due more than 90 days should be considered ripe for collection. 

However, for past due medical accounts, where a patient has received and kept an insurance payment, we would suggest that the account be placed into collection far sooner than 90 days as it is understood that the longer one keeps an insurance payment, the less likely they are to turn it over or forward proceeds of that payment.

With commercial and retail past due accounts, if a customer has not paid within 60-90 days, referral to outside collection is suggested.

Note:  Studies have shown that there is a direct correlation to how old the account is and how successful the collector (i.e., law firm) will be in recovery.  Therefore, we encourage our clients not to wait too long before forwarding their accounts.

Q How long do I have to collect on a past due account?

A In general, in the State of New York, 6 years.   With respect to past due medical accounts, treatment rendered prior to April, 2020 has a 6 year statute of limitations, whereas treatment rendered after April, 2020, the statute of limitations is reduced to 3 years.

Q What documents do I need to provide to refer an account for collection?

A If it is a medical past due account, the patient’s itemized invoice is most important.  Additional information pertaining to insurance billing and the outcome – i.e., whether the balance represents the patient’s deductible, co-insurance and/or co-payment is very helpful.  If  feasible, sending in the signed financial agreement is also very helpful. 

If it is a retail or commercial account, a copy of the invoice as well as signed agreements are required. Where applicable, copies of correspondence/e-mails (i.e., written objections to the bill)  are helpful. 

Q How can I forward delinquent accounts to your office?

A We accept accounts electronically, by mail, e-mail or through facsimile transmissions. 

Q Will we have a representative from the law firm to consult with any questions and issues that may arise?

A Absolutely.  Each client is given a representative, in addition to always being able to confer with the founding member of the firm, Jeffrey G. Lerman.

Q How is your fee calculated?

A Our fees are on a contingency basis.  In other words, our fees are contingent upon success – “If there is no recovery, there is no fee.”

FAQS – PERSONAL INJURY CLAIMS

Q How much time do I have to commence a personal injury lawsuit?

A The statute of limitations for most personal injury cases in New York State is 3 years.  This means that you have 3 years from the date of your injury to file your claim, unless you are presenting a claim against a municipality, in which case, the time to bring a Notice of Claim is up to 90 days from the date of accident.

Q How are my medical bills and lost wages reimbursed?

A Under New York’s No-Fault laws, your automobile insurance carrier is responsible for paying your medical bills and lost wages incurred as a result of an automobile accident. 

Important Note:  Your application for no-fault benefits must be submitted to your carrier within 30 days of your accident.  If needed, we can assist with filling out the application.

Q How much will it cost to hire a lawyer to represent me?

A There are no up-front costs – “No recovery, no fee.”  Upon settlement of your claim, our fee will be 33.33% of your net recovery. 

Q What do I need to prove a claim for pain and suffering?

A Documents which will assist in proving a claim for pain and suffering may include:

• Medical bills
• Medical records
• Medical prognosis
• Pictures of your injuries

Q How do I know if I have a personal injury claim?

A If you or a loved one has suffered injury as a result of an accident, a one-on-one consultation with an experienced attorney is the best way to determine if you have a pursuable claim.  During this free consultation, we will evaluate the merits of your case and establish whether a cause of action exists as well as your  chances of recovery.

To file a personal injury claim, we must first establish that:

• You have been injured.
• A third party can be held liable for your injuries.
• Damages such as medical expenses, lost wages, and physical and emotional pain and suffering will result from your injury.