Q: What do I do if I’ve been injured?
If you, a family member or loved one has been injured, the first thing to do is seek immediate medical attention. Obtain the names, addresses and telephone numbers of all witnesses and people involved. If your injury happened from a slip/trip and fall, take photos of the condition that caused it and write down the specific location. Report your accident to the police or property owner. Do not give any statements to investigators or insurance representatives before you have consulted with a qualified attorney.
Many people suffer severe and disabling injuries through no fault of their own and may be entitled to be compensated for their medical expenses, time missed from work and pain and suffering. Contact us for a free consultation to discuss your legal rights.
Q: Do I have a strong case?
Whether or not you have a strong case depends on a variety of factors, including the nature and extent of your injuries or property damage, who is at fault, whether the defendant has sizable assets or adequate insurance coverage, and how long ago the accident or injury occurred. We can evaluate your case in light of these and other factors and give you a realistic assessment of what you can expect.
Q: I have fully recovered from my injuries. Do I still have a case?
Absolutely. Even if you have fully recovered from your injuries, you are still entitled to compensation for injuries caused by another’s negligence.
Q: How does my attorney get paid?
Most personal injury attorneys work on “contingency,” which means that if they agree to take your case, the legal fee will be a percentage of the recovery, whether by settlement or a trial verdict. In New York, with the exception of medical malpractice cases, the legal fee is usually one-third or 33.3% of the recovery. The legal fee in medical malpractice cases are based on a sliding scale of the recovery.
Q: How long will my lawsuit take?
This, too, depends on many factors. Often cases settle prior to trial or at trial, but if a settlement is not reached, your case will progress through discovery and trial which can take a year or longer. Additionally, you may not want to resolve your case too quickly if you are still seeking medical treatment and all of the related expenses have not yet been calculated.
Q: What is my role in the lawsuit?
Your attorney will take care of all of the legal aspects of your case. You may be asked to participate in discovery by answering written questions or giving oral testimony in a deposition. If your case goes to trial, you will likely be expected to appear in court. Throughout the duration of your case, you must obtain appropriate medical care and schedule your doctor, physical therapy or other appointments.