What Types Of Personal Injury Cases Does Your Firm Typically Handle?
I handle any kind of personal injury case involving slip and falls, trip and falls, other premises liability cases, sexual assaults, auto accidents, trucking accidents, motorcycle accidents, medical malpractice, dog bites, nursing home neglect, product liability, general assaults, burn cases, and any kind of general liability negligence case that results in personal injuries.
What Are The General Steps Taken In The Personal Injury Recovery Process?
The first thing I do in a personal injury case is an investigation, whether it’s statements, photographs, or measurements. The second part involves putting the defendants on notice of the claim and getting in touch with their insurance carrier. I generally try to resolve the claim without filing an action. Sometimes that can be done and sometimes you need to go to the next step, which is filing a case in court.
When Should Someone Seek Medical Attention After Being Injured In An Accident?
There’s no set rule as far as the timeframe of when you seek medical attention from an injury. Once you realize that an injury has occurred, you should seek medical attention. The key factor is relating the injury to the accident. Sometimes, it is reasonable that a certain amount of time goes by before someone seeks medical attention that relates to the accident. If someone has a fracture or a laceration, that’s going to relate directly to the accident. However, if that person has a herniated disc, sometimes it takes a few days to feel the impacts of that injury on the body. It might be a couple of weeks before that individual seeks medical treatment for the injury that was sustained in the accident.
How Long Does It Typically Take To Resolve A Personal Injury Claim?
The shortest amount of time you would see in a personal injury accident recovery would be three to six months. It could be three to six years if the case goes to trial. If there are a number of appeals involved, it could be a long time, especially if it’s a significant case and the defendants are interested in settling it.
What Are The Top Misconceptions About Working With A Personal Injury Attorney And The Recovery Process?
There is a huge misconception about how long the process takes. In some counties in the New York City area, it could take anywhere from six months to two and a half years. In other counties, it may be shorter but could still take a number of years to get your case to trial. Some people have questions about Medicare, Medicaid and who will pay for their medical care during the pendency of their case. I have dealt with clients who are beneficiaries of Medicare or Medicaid, and I have experience dealing with the monetary recovery after a case has been resolved. If the injured party was a child, I can set up trusts, structured settlements or simply deposit the money into a savings account for use when the child turns 18 years old.
Do Most Personal Injury Cases Tend To Settle Or Do They Go To Trial? Why Or Why Not?
Most of the cases that I handle settle before trial. The process of a personal injury case is similar to building a house. I start from the ground up, completing a proper and thorough investigation and then go from there. By the time the case is ready to be resolved or settled, I have built a solid case and therefore can obtain the highest settlement possible prior to trial. If it’s a good case, then it should be settled. If it’s a poor case, I probably wouldn’t have taken it to begin with. Sometimes cases don’t settle, either because one side is unreasonable or because the other side views the case in a completely different manner than I do. Those cases must be tried, and a jury will decide on whom the merits of the case fall.
What Are The Factors That Make A Sound And Viable Personal Injury Claim?
When I evaluate a client for a personal injury claim, there are three elements that I look for. One is the liability, which means determining what somebody did wrong. For example, did someone fail to clean up their snow and ice? Did they fail to repair a pothole? Did they drive their car in a negligent manner? Was there an intentional physical assault? The second element of the evaluation is the injury. I take cases where clients have a substantial injury that warrants the full litigation of the claim. A substantial injury could be a fracture, something that requires surgery, something for which lifelong treatment will be needed, permanent scaring or something else of that nature. If there is no injury, then there is no case. The third element of the evaluation is determining whether or not there is an entity or assets to go after if we ultimately win the case. That way, we can actually turn the judgment into real money that can help my client get along in their life.
Can I Even Afford A Highly Experienced Personal Injury Attorney?
Since 1998, every case that I’ve handled has had a retainer based on contingency. That means that I only collect a percentage of the recovery if I win or settle the case. If there is no recovery or settlement, then the client doesn’t owe me any money for legal fees. Since there are no out of pocket expenses for legal fees, everybody that is injured and can meet the factors of having a viable case can certainly afford a personal injury attorney like me.
For more information on Personal Injury Cases In New York, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 230-0040 today.
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