Frequently Asked Questions

A consultation with a medical malpractice lawyer is free and has no obligations at Miklos Law. Medical malpractice cases can be complex sometimes. We will take the time to understand all of the aspects of the potential case. Often times this consultation involves more than just a conversation on the telephone. In many cases, we are asked to review medical records as part of the consultation process. No matter how long the consultation process takes or complicated the case, we will not charge any money.

A consultation with a personal lawyer attorney is free and no obligation. We will not charge any money to a potential client for a consultation.

A personal injury attorney at Miklos Law only works on what is called a contingency fee. This means that we only get paid attorney’s fees if we are able to recover money compensation for the client.To put it simply, our attorney’s fees are contingent on us winning the case. If we are successful in obtaining money compensation, we are paid 1/3rd of the gross sum recovered.  This is the amount allowed per New York State Law.

A medical malpractice lawyer at Miklos Law only works on what is called a contingency fee. This means that we only get paid attorney’s fees if we are able to recover money compensation for the client. To put it simply, our attorney’s fees are contingent on us winning the case. If we are successful in obtaining money compensation, we are paid according to a sliding scale fee schedule that is approved by the New York State Judiciary Law.  The sliding scale fee arrangement is as follows:

• 30% of the first $250,000 recovered
• 25% of the next $250,000 recovered
• 20% of the next $500,000 recovered
• 15% of the next 250,000 recovered
• 10% on any amount recovered over $1,250,000.

The time to bring a lawsuit in New York is called the statute of limitations. Generally speaking, in New York the time you have to bring a lawsuit for medical malpractice is 2 ½ years from the date of the malpractice. There are special circumstances that may apply to shorten or extend the statute of limitations in medical malpractice cases:

• If the malpractice involves a foreign object left behind during a surgery, continuous treatment of a medical condition or cancer, the time to bring a lawsuit may be extended.
• If a child or incapacitated person is involved, the time to sue may also be extended.
• If the malpractice involved a New York City hospital, New York City Health and Hospitals Corporation or municipal or county hospital, you are required to serve a notice of claim within 90 days and file a lawsuit within 1 year and 90 days.
• If wrongful death is to be included, a lawsuit must be started within 2 years.

The analysis of the statute of limitations can be very complicated. The examples above are not a list of all situations that may arise. There may be additional circumstances that may shorten or extend the time to sue for malpractice.  It is highly recommended that you contact Miklos Law immediately after medical malpractice to protect your rights.

The time to bring a lawsuit in New York is called the statute of limitations. Generally speaking, in New York the time you have to bring a lawsuit for personal injury is 3 years from the date of the accident. Personal injury includes slip, trip and falls, auto accidents, premises liability cases, construction accidents, and other types of ordinary negligence.

There are special considerations that may apply to shorten or extend the statute of limitations in personal injury cases:

• If a child or incapacitated person is involved, the time to sue may be extended.
• If the accident involved New York City or a municipality or county, you are required to serve a notice of claim within 90 days and file a lawsuit within 1 year and 90 days.
• If wrongful death is to be included, a lawsuit must be started within 2 years.

The analysis of the statute of limitations can be very complicated. The examples above are not a list of all situations that may arise. There may be additional circumstances that may shorten or extend the time to sue for personal injury cases. It is highly recommended that you contact Miklos Law immediately after an accident to protect your rights.

At Miklos Law, we are able to provide virtual consultations through Zoom or Microsoft Teams. Since the COVID-19 Pandemic, we have found that virtual consultations are a great fit for many clients. Virtual consultations provide an efficient and personal way for us to communicate while minimizing the risk of COVID transmission and spread.  We have also implemented cutting-edge technologies to help promote efficiency, such as using Docusign for the execution of documents, Dropbox for the sharing of large files and working with pdf software instead of printing.  We are able to provide all services of the traditional attorney-client relationship through virtual and digital methodologies.

At Miklos Law, we are able to provide virtual consultations through Zoom or Microsoft Teams. Since the COVID-19 Pandemic, we have found that virtual consultations are a great fit for many clients. Virtual consultations provide an efficient and personal way for us to communicate while minimizing the risk of COVID transmission and spread.  We have also implemented cutting-edge technologies to help promote efficiency, such as using Docusign for the execution of documents, Dropbox for the sharing of large files and working with pdf software instead of printing.  We are able to provide all services of the traditional attorney-client relationship through virtual and digital methodologies.

Yes.  We represent many clients in New York City and nearby counties. These communities are some of the most diverse places in the world.  We are able to provide translation services for any language, including Spanish, so that we are able to effectively communicate with our clients.  Please do not hesitate to contact us if your primary language is Spanish or any other language.

Yes.  We represent many clients in New York City and nearby counties. These communities are some of the most diverse places in the world.  We are able to provide translation services for any language, including Spanish, so that we are able to effectively communicate with our clients.  Please do not hesitate to contact us if your primary language is Spanish or any other language.

Immigration status does not prevent a person from bringing a lawsuit for medical malpractice. Whether you are a United States citizen, resident, non-immigrant or undocumented you still have the legal right to bring a lawsuit in the event of an injury or death to you or a loved one. Don’t let your immigration status prevent you from obtaining a free consultation on any medical malpractice case.  We have successfully recovered money compensation for clients with all different types of immigration statuses. 

Immigration status does not prevent a person from bringing a lawsuit for personal injury. Whether you are a United States citizen, resident, non-immigrant or undocumented you still have the legal right to bring a lawsuit in the event of an injury or death to you or a loved one. Don’t let your immigration status prevent you from obtaining a free consultation on any personal injury case.  We have successfully recovered money compensation for clients with all different types of immigration statuses. 

New York State requires all motor vehicles to carry insurance in case of an accident. No-fault insurance may be available to pay for your medical bills and lost wages up to a total of $50,000. You may also be able to apply for disability. In the event, there is no available insurance coverage you may be eligible for MVIAC. 

New York State requires employers to obtain worker’s compensation insurance. Worker’s compensation insurance may be available to cover lost wages and medical bills in the event of a person getting injured at work.

Private health insurance, Medicare, or Medicaid may also be available to cover medical bills if no-fault or worker’s compensation insurance does not apply. Under certain circumstances, you may be able to receive medical treatment on a lien against your lawsuit or take out a private loan against your lawsuit in an emergency.

We are confident in our services, and strive to provide Trust, Communication, and Results to all of our clients. As lawyers we are ethically not permitted to advertise our services as the best medical malpractice lawyer in New York City as it may be misleading. However, Robert A. Miklos has achieved several multimillion-dollar verdicts and settlements in complex and high-stakes medical malpractice cases. If you choose Robert A. Miklos and Miklos Law to represent you and your family, we will do our best to provide you with excellent representation and results as we have for all of our clients.

We are confident in our services, and strive to provide Trust, Communication and Results to all of our clients. As lawyers we are ethically not permitted to advertise our services as the best personal injury lawyer in New York City as it may be misleading. However, Robert A. Miklos has achieved several multimillion-dollar verdicts and settlements in complex and high-stakes personal injury cases. If you choose Robert A. Miklos and Miklos Law to represent you and your family, we will do our best to provide you with excellent representation and results as we have for all of our clients.