Questions
frequently

We work entirely on a contingency fee basis. This means you pay $0 upfront and zero out-of-pocket costs. We only get paid if we win your case through a settlement or trial verdict. If we don’t recover money for you, you owe us nothing.

At Arzayus Montesdeoca Law, you communicate directly with the bilingual attorney managing your case. Unlike many firms that advertise to Spanish speakers only to route them through receptionists or interpreters, we ensure direct, uncompromised access to your lawyer from day one.

No. Both of our founding partners speak Spanish natively. Every aspect of your legal consultation, case strategy, and court preparation can be conducted entirely in Spanish—no translators, no middlemen, and no loss of detail.

Yes. Under New York law, your immigration status has no bearing on your right to seek compensation for injuries caused by someone else’s negligence. You are entitled to the same legal protection and compensation for medical bills, lost wages, and pain and suffering regardless of your citizenship status.

In New York, the standard statute of limitations for most personal injury claims—including car accidents and slip-and-falls—is three years from the date of the incident. However, certain cases have significantly shorter deadlines:

• Government/City Entities (MTA, NYCHA, NYC): You must file a formal Notice of Claim within 90 days.
• Wrongful Death: 2 years from the date of death.
• Medical Malpractice: 2 years and 6 months.

1. Call 911 and ensure a police report or incident report is generated.

2. Seek medical attention right away, even if you feel fine initially.

3. Take photos and videos of the scene, vehicle damage, hazards, and visible injuries.

4. Collect contact information from all involved parties and eyewitnesses.
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5. Contact an attorney before speaking to any insurance adjusters or signing documents.

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Case value depends on several factors, including:

• The severity and permanence of your injuries
• Total current and future medical expenses
• Lost earnings and loss of future earning capacity
• Physical pain, emotional suffering, and impact on daily life
• Available insurance policy limits

We evaluate the full impact of your injury to demand top-dollar compensation rather than settling for quick, low-ball offers.

You may be entitled to both economic and non-economic damages:

• Economic: Medical bills, rehabilitation costs, lost wages, property damage, and out-of-pocket medical expenses.
• Non-Economic: Physical pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement.

New York is a "No-Fault" insurance state. Regardless of who caused the auto accident, your own vehicle’s insurance (or the insurance of the vehicle you were riding in) covers basic economic losses—such as necessary medical treatments and a portion of lost wages—up to the policy limit.

You must submit your formal No-Fault application (NF-2) to the correct insurance carrier within 30 calendar days of the accident. Missing this strict 30-day window can result in a complete denial of your medical bill and lost wage coverage.

Yes, but to sue the at-fault driver for pain and suffering damages, your injury must meet New York’s legal threshold for a "serious injury" under Insurance Law § 5102(d). This includes fractures, significant disfigurement, permanent loss of a body organ/member function, or a permanent consequential limitation of use.

You can still recover compensation. We can file a claim through your own policy’s Uninsured Motorist (UM) coverage or make a claim with the New York Motor Vehicle Accident Indemnification Corporation (MVAIC), a state agency that provides coverage for victims of uninsured or hit-and-run drivers.

Under NYC Administrative Code § 7-210, commercial property owners and residential building owners are legally obligated to maintain the sidewalks abutting their property. However, owner-occupied one-, two-, or three-family residential homes are exempt from this law—in those cases, liability typically remains with the City of New York or the party that directly created the hazard. For commercial properties, larger residential buildings, or indoor hazards (like leaking pipes or broken stairs), the landlord or property management company can be held directly liable for your injuries.

You must demonstrate that:

• A dangerous condition existed on the property.
• The property owner created the hazard OR knew (or should have known) about the dangerous condition and failed to repair or address it in a reasonable timeframe.
• The hazard directly caused your fall and resulting injuries.

No. Insurance adjusters are trained to ask misleading questions designed to get you to admit fault or downplay your injuries. Politely decline to give a recorded statement and direct all communication from insurance companies to your attorney.

Early settlement offers are almost always low-ball amounts designed to close your case before you understand the full extent of your medical needs and lost wages. Once you sign a settlement release, you give up all legal rights to demand more money, even if you require future surgery or treatment. Always have an attorney review an offer before signing.

Both of our founding partners began their careers defending major insurance carriers and property owners against injury claims. Because we know how insurance companies evaluate cases, hide coverage, and attempt to minimize payouts, we use their own playbook against them to anticipate defense strategies and force maximum compensation.

Timelines vary based on case complexity, medical recovery time, and insurance company willingness to negotiate fairly:

• Straightforward claims with clear liability: 6 to 12 months.
• Complex litigation involving severe injuries or multiple parties: 1 to 3+ years.

We work to resolve cases as quickly as possible without sacrificing the full value of your claim.

The majority of personal injury cases settle out of court through negotiation or mediation. However, if the insurance company refuses to pay a fair amount, we prepare every case from day one with the intent of taking it to a jury. Having a trial-ready attorney gives you the maximum bargaining power during settlement talks.

It depends on the type of accident and your level of responsibility:

• Motor Vehicle Accidents: Under New York's modified comparative fault rule, you can recover damages as long as you are 50% or less at fault. Your financial recovery is reduced by your percentage of fault (e.g., an award of $100,000 with 20% fault yields $80,000). If you are found 51% or more at fault, you cannot recover damages.
• Other Personal Injury Claims (e.g., Premises Liability): New York’s traditional pure comparative fault rule still applies. You can seek compensation even if you were mostly at fault, with your total recovery reduced proportionately by your share of blame.