Can I afford your services? How will my Lawyer be paid? How long do I have to bring a case? Can I change my lawyer? Should I get a second opinion if an attorney thinks I do not have a case? I was injured but it may have been partly at fault. Can I still sue? How much is my case worth? An Insurance adjuster wants to settle and says I do not need a lawyer. Should I get one? What should I do if I am in an accident? What shouldn’t I do if I suffer a personal injury? Can I afford your services? How will my Lawyer be paid? Yes. Personal injury attorneys work on a contingency basis. This means that I am paid only if I collect money on your behalf. Our fee is based upon a percentage of your award or settlement. If you do not recovery; no fee is owed. Typically, my firm advances the costs or expenses associated with the litigation. We are reimbursed for these costs at the conclusion of your case. How long do I have to bring a case? You must file your case within the Statute of Limitations. This is a fixed period of time dictated by the law in which to file suit. In many injury cases, you are required to bring your case within three years from the date of the accident (two and one half for medical malpractice cases). For an explanation of these time limits, always consult with a lawyer experienced in these matters. Statutes of limitations may be extended in certain situations such as when an inured person is an infant. Other statues of limitations are very short, such as claim against a municipality must normally be made within 90 days of the date of the injury. To avoid being barred from filing suit and losing the ability to seek compensation for your injuries, it is best to contact an experienced attorney as soon as you have been hurt. Can I change my lawyer? You have the right to change lawyers, however, your old attorney will be usually be entitled to payment for services rendered up to the time of dismissal. The lawyer will be paid from the fee earned at the conclusion of the case. Your new lawyer will usually work out an arrangement whereby the fee is split between the two lawyers. Should I get a second opinion if an attorney thinks I do not have a case? Yes. Different lawyers will see a potential case differently. Some lawyers may not be familiar with the type of case you have or your case is not “large enough” for the firm you have contacted. If your case is rejected, it is always a good idea to seek a second opinion. I was injured but may have been partly at fault. Can I still sue? Yes. In New York, you may still have a case even though you were partly at fault in the accident. These cases are very fact specific and you should consult with a lawyer. How much is my case worth? Predicting the outcome of any case is almost impossible. There are many factors which can affect the value of a case. These include the nature and extent of your injuries, the amount of your medicals and lost wages, the availability of witnesses, the strength of the evidence, your commitment to the case, the insurance company involved and amount of available insurance policies, etc. Even when considering these factors there are different valuations in the value of a claim. Thus, while I discuss with my clients the strengths and weaknesses of their cases, and can provide general guidelines, I cannot predict a specific recovery. An Insurance adjuster wants to settle and says I do not need a lawyer. Should I get one? Remember who the adjuster works for: The insurance company. They have one goal and that is to settle your case for the least amount of money possible. What may initially seem like a fair offer to you could fall far short of a settlement received through a lawyer. It is important that any settlement reached is done after the full extent of your injuries and damages are known. It is a good idea to consult with a lawyer before accepting any offer made to you by an insurance company. What should I do if I am in an accident? The first thing you should do is to obtain proper medical treatment. Next, prepare and obtain the appropriate paper work to protect your claim. File an accident report and obtain the names and contact information for all persons involved in the accident, as well as all possible witnesses. If possible, obtain photographs of the accident scene and of your vehicle as the best time to do so is at the scene. Thereafter, speak to an attorney as soon as possible to get advice about how to proceed, about what records to keep and what you should do and not do to maximize the value of your case. What shouldn’t I do if I suffer a personal injury? There are a number of things you should not do without the advice of your attorney. First and foremost, do not sign anything for anyone. Do not attempt to negotiate with an insurance company, even if it’s your own. Do not make any statements to insurance companies, even if it seems the conversation you are having is “off the record” or that the adjuster appears to understand exactly what you are going through. Finally, do not downplay your injuries. Many times the full extent of an injury will not become apparent for days, if not weeks, after the accident. It is therefore important that you do not minimize or understate your injuries. A passing statements or an attempt to be nice made at the scene of the accident such as you are “fine” can later be used against you when the full extent of your injuries are known. It is far better to say nothing until you receive appropriate medical treatment. |
