Personal Injury Lawyer New York - Dedicated to Resolve your Case

Life is full of uncertainties as a person is always a subject to an accident or an injury. These days, one can come across many accidents on the expenses of others. It can be just a bad experience for the guilty person but for the victim it is a lifelong pain. Injuries get healed but they leave discontent of injustice in the mind of the victim. If you are one of them, who has suffered a lot due to any personal injury then you can better understand that discontent of injustice. Fighting for justice is the only way to get back the peace of mind, if you reside in New York or nearby place then personal injury lawyer New York can be the biggest help for you.

Injuries either external or internal, takes time to get cured but satisfaction of getting the justice can lessen that time. Through a rough patch of injury you need someone to walk by your side as you and your whole family is affected by the trauma. A personal injury lawyer New York can be your best friend in your tough time that makes you feel comfortable by paving the way to justice and contentment. You can hire a personal injury lawyer New York, as he is beneficial in soothing your hurt emotions. It may be bit difficult to develop confidence in someone you do not know but a sensible market research can make it easier. It is always advisable to consider the previous track record and success rate of the lawyer before hiring. Excellent track record and expertise of a lawyer assures you apt justice.

For searching a personal injury lawyer in New York, you can also take help of internet as most of the lawyers have their own websites. In a situation when you cannot take much stress in searching for a proficient lawyer it is the most convenient way to check out the list highest rated lawyers. On web you can also get information about their past record. Once you choose the most reliable lawyer for fighting your case you can move ahead and can file a claim for your injury. He will be a perfectionist in accomplishing all legal formalities, such as filing cases and preparing arguments for fighting. After filing the case you can be free all hassles as your personal injury lawyer New York will ease them out.

Now the whole issue comes to a crucial point and that is charges of your personal injury lawyer in New York. This may be thing that can bother you but with personal injury lawyer you can be very comfortable with charges also. Absolutely, a personal injury lawyer New York is paid on a contingency basis when handling personal injury, personal property damage cases. This means that you will not have to pay any legal fees unless they start any legal process. They charge a very less amount for investigating and maintaining the claim. A personal injury lawyer New York makes full commitment to you and dedicates his resources in favorably resolving your case.

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Auto Accident Attorneys, Serious Injury, and Personal Injury Law in New York State

Auto accident attorneys in New York State know there's something special about car accidents. Article 51 of the insurance Law says car crash victims have to show they have a serious injury before they can get any money for pain and suffering. What does this all mean?

It means very little when it comes to medical bills, lost wages, and some other relatively minor items. New York No-Fault law guarantees that the injured person will be compensated in these areas. The insurance company for the car you were in should pay for your medical expenses and lost wages. In nearly all cases you will not need a lawyer. While we are starting to see insurance companies unreasonably refuse to pay in some instances, this is still rare. Also, for most of these denials, the amount of money involved is not enough to justify the legal expense. We advise our clients when it comes to any No-Fault denials, and in cases where the problem is substantial, we do represent them. Usually we fight the denial in an arbitration.

The auto accident serious injury threshold is a compromise, in theory at least. Since routine expenses were covered by the personal injury protection line of insurance under No-Fault, liability expenses were supposed to be reduced on the bodily injury liability line. There could be a vigorous debate about whether this compromise was wise or fair, but someone else can write that article.

The standard for what is a serious injury is fairly complicated. There are several categories of serious injury. The most common that we see involve fractures, other injuries that cause a significant limitation, or a substantial amount of time out of work.

You would think the fracture category would be pretty straightforward. In most auto accident cases it is. But there are a few kinds of fractures where it's not so clear. Court decisions suggest that a fracture of a bone meets the criteria. Fractured cartilage normally will not qualify, and the same is true of a fractured organ. We had one case with a "liver fracture." Sounds odd, but that's what the doctors called it. The case settled so we never tested that in Court. The other issue is when is a fracture a fracture? A hairline fracture counts, but a "greenstick" fracture does not.

The significant limitation category has led to hundreds of cases discussing when a limitation is significant, and what the injured person has to prove to show it. The defendant's attorney will often move for summary judgment to dismiss the case. After having the injured person looked at by their own doctor in an independent medical examination (also known as an IME, and many of us dispute the use of the word "independent"), the defense attorney submits the expert's report which generally indicates the injured person is fully recovered. Then the plaintiff's auto accident attorney responds, usually with a report from the treating physician, describing the details of the injury and why it is, or was, significant. If the plaintiff's response is insufficient, the case often gets dismissed. To avoid this, the evidence must show that the injury was more than mild, minor or slight, and that this is connected to objective findings (like an abnormality on an X-ray or MRI, or in many cases a finding of spasm.

The category about being out of work is known among attorneys as the 90/180 category. This refers to the law which requires that the person be impaired from substantially all of their daily activities for 90 or more days out of the 180 days following the accident. Most of the time this means three months out of work in the six months after the accident happened. Responding to a motion, the plaintiff attorney must show, through medical evidence, that the person had to stay out of work for the three months, and that this was connected to objective medical findings.

For both of the latter two categories, we often win the motion by pointing out a key flaw in the IME. In most cases the IME doctor does not discuss much about the past problems and treatment. We argue that this means the defense did not meet their burden on their motion. They didn't show the Court that the limitation was not significant, or that the time out-of-work was inappropriate, because the IME doctor doesn't discuss those issues. In our experience, most judges understand this and keep the case alive.

There are other categories and a number of other complex issues that can come up in car accident cases involving the serious injury threshold, but that's a good start.

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New York Personal Injury Claims

A personal injury claim is a demand for compensation by a person who suffered injury through the action or negligence of another person. The damages are expressed in monetary terms, and itemized. This would include medical bills, loss of pay, value for the mental and emotional agony that the victim suffers, disruption of family life and many more. It could even contain loss of face in a slip and fall case.

insurance companies normally make an offer, sometimes even before the claim is filed. Their aim is to avoid payment or pay as little as possible. Some victims grab the offer without realizing that the offer by the insurance company is only an opening gambit for negotiations. Others, the wise ones, approach an experienced lawyer practicing personal injury law right at the outset and proceed under his guidance.

There are several such attorneys in New York. A good lawyer with some insurance background would be ideal. Once he takes the brief, the attorney would immediately get things organized and begin negotiating with the insurance company. The stronger the case is, the better the chances for a fair settlement.

It is important that the victim gives maximum cooperation to the lawyer. This would mainly mean providing all the data available. It would be a great help if the victim writes down all that he remembers about the accident or incident that led to the injury, particularly about the circumstances and any witnesses. The lawyer would evolve his strategy on the basis of the details that are furnished to him.

Even while negotiating, the attorney would keep his options open and prepare for a lawsuit if a reasonable settlement is not forthcoming. Before agreeing to a settlement, the lawyer would consult the client.

The New York State Statute of Limitation allows only three years to file the claim.

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New York Personal Injury Claims

A personal injury claim is a demand for compensation by a person who suffered injury through the action or negligence of another person. The damages are expressed in monetary terms, and itemized. This would include medical bills, loss of pay, value for the mental and emotional agony that the victim suffers, disruption of family life and many more. It could even contain loss of face in a slip and fall case.

insurance companies normally make an offer, sometimes even before the claim is filed. Their aim is to avoid payment or pay as little as possible. Some victims grab the offer without realizing that the offer by the insurance company is only an opening gambit for negotiations. Others, the wise ones, approach an experienced lawyer practicing personal injury law right at the outset and proceed under his guidance.

There are several such attorneys in New York. A good lawyer with some insurance background would be ideal. Once he takes the brief, the attorney would immediately get things organized and begin negotiating with the insurance company. The stronger the case is, the better the chances for a fair settlement.

It is important that the victim gives maximum cooperation to the lawyer. This would mainly mean providing all the data available. It would be a great help if the victim writes down all that he remembers about the accident or incident that led to the injury, particularly about the circumstances and any witnesses. The lawyer would evolve his strategy on the basis of the details that are furnished to him.

Even while negotiating, the attorney would keep his options open and prepare for a lawsuit if a reasonable settlement is not forthcoming. Before agreeing to a settlement, the lawyer would consult the client.

The New York State Statute of Limitation allows only three years to file the claim.

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4 Things Your New York Injury Lawyer Looks For When You Show Up In His Office

When you need to find an injury lawyer, you need to ask lots of questions. You might meet with more than one attorney before you feel comfortable with your choice of lawyer.

When you arrive in his (or her) office, you look around, look at the diplomas on the wall, look at how the office is run, and look at the furnishings. What does this tell you? Does a messy office reveal a lawyer who can handle your case? Does a clean office mean your lawyer has no other clients? You don't know from the looks of it. Use your gut instinct to tell yourself whether you can put your trust and your case in his or her hands.

At the same time you are deciding whether this lawyer is the right one for you, the lawyer is also looking at you to see if you are the right client for him. Here's what a lawyer, practicing in New York will look for in a client.

1. Honesty.

The client must be straightforward and honest about what happened to them. They must let the attorney decide what facts and information are important. We don't want a client who is selective about what they say. We also need to know a client's past history; were there any skeletons in the closet? Any convictions? Any prior lawsuits? We need to know in order to better help you.

2. Presentation.

How does the client present themselves when they talk to you? Are they quiet? Are they loud? Are they well dressed? Do they look at you when they respond? Are they comfortable telling what happened?

This is very important, because your lawyer is looking to see what type of witness you will make if your case has merit and ultimately goes to trial.

3. A Desire To Seek Help- Not Vengenance

There are some clients who come into a lawyer's office so outraged that they were harmed by someone else that all they want is revenge. That's a normal, healthy feeling. There are other clients who come to us asking for help because they can't pay their medical bills or their mortgage because they can't work from their injuries.

A client who seeks revenge is volatile and unpredictable on the witness stand. That doesn't mean they don't have a valid case. It simply means that it's going to be tougher to help this type of client, because no matter what the lawyer does, it probably will never be enough.

A client who genuinely seeks help and compensation to right a wrong is the perfect type of client a lawyer seeks.

4. A Desire To Get Better, and Improve Themselves.

There are some clients who want to 'milk the system'. They're waiting for their payday and will simply sit home and wait until their settlement comes. For those folks, they live for their lawsuit.

For many others, the lawsuit is a means of support to pay their expenses, to be able to afford surgery to correct their problem, and as compensation for their suffering. The client who is doing everything possible to get their life back to normal, is the ideal type of client. Some people want to return to work, even if they're in pain. Others are content to stay at home and watch TV while recuperating.

As with all types of cases, each one is different, and each case has it's ups and downs. Next time you're deciding upon what lawyer to use, keep in mind that your lawyer is deciding whether he'll choose you too.

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Auto Accident Attorneys, Serious Injury, and Personal Injury Law in New York State

Auto accident attorneys in New York State know there's something special about car accidents. Article 51 of the insurance Law says car crash victims have to show they have a serious injury before they can get any money for pain and suffering. What does this all mean?

It means very little when it comes to medical bills, lost wages, and some other relatively minor items. New York No-Fault law guarantees that the injured person will be compensated in these areas. The insurance company for the car you were in should pay for your medical expenses and lost wages. In nearly all cases you will not need a lawyer. While we are starting to see insurance companies unreasonably refuse to pay in some instances, this is still rare. Also, for most of these denials, the amount of money involved is not enough to justify the legal expense. We advise our clients when it comes to any No-Fault denials, and in cases where the problem is substantial, we do represent them. Usually we fight the denial in an arbitration.

The auto accident serious injury threshold is a compromise, in theory at least. Since routine expenses were covered by the personal injury protection line of insurance under No-Fault, liability expenses were supposed to be reduced on the bodily injury liability line. There could be a vigorous debate about whether this compromise was wise or fair, but someone else can write that article.

The standard for what is a serious injury is fairly complicated. There are several categories of serious injury. The most common that we see involve fractures, other injuries that cause a significant limitation, or a substantial amount of time out of work.

You would think the fracture category would be pretty straightforward. In most auto accident cases it is. But there are a few kinds of fractures where it's not so clear. Court decisions suggest that a fracture of a bone meets the criteria. Fractured cartilage normally will not qualify, and the same is true of a fractured organ. We had one case with a "liver fracture." Sounds odd, but that's what the doctors called it. The case settled so we never tested that in Court. The other issue is when is a fracture a fracture? A hairline fracture counts, but a "greenstick" fracture does not.

The significant limitation category has led to hundreds of cases discussing when a limitation is significant, and what the injured person has to prove to show it. The defendant's attorney will often move for summary judgment to dismiss the case. After having the injured person looked at by their own doctor in an independent medical examination (also known as an IME, and many of us dispute the use of the word "independent"), the defense attorney submits the expert's report which generally indicates the injured person is fully recovered. Then the plaintiff's auto accident attorney responds, usually with a report from the treating physician, describing the details of the injury and why it is, or was, significant. If the plaintiff's response is insufficient, the case often gets dismissed. To avoid this, the evidence must show that the injury was more than mild, minor or slight, and that this is connected to objective findings (like an abnormality on an X-ray or MRI, or in many cases a finding of spasm.

The category about being out of work is known among attorneys as the 90/180 category. This refers to the law which requires that the person be impaired from substantially all of their daily activities for 90 or more days out of the 180 days following the accident. Most of the time this means three months out of work in the six months after the accident happened. Responding to a motion, the plaintiff attorney must show, through medical evidence, that the person had to stay out of work for the three months, and that this was connected to objective medical findings.

For both of the latter two categories, we often win the motion by pointing out a key flaw in the IME. In most cases the IME doctor does not discuss much about the past problems and treatment. We argue that this means the defense did not meet their burden on their motion. They didn't show the Court that the limitation was not significant, or that the time out-of-work was inappropriate, because the IME doctor doesn't discuss those issues. In our experience, most judges understand this and keep the case alive.

There are other categories and a number of other complex issues that can come up in car accident cases involving the serious injury threshold, but that's a good start.

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A Personal Injury Lawyer in New York City Can Help Injured Victims

Other then being physically injured, an injury can leave behind severe emotional scars. In fact the whole process can turn out to be a traumatic experience for the victim and his friends and family as well. It is an unfortunate incident that can happen to anyone but certain things can be done to lessen the after effects a little. Accidents mostly happen due to the fault of some other individual or organization. So one of the questions that a person needs to decide is which personal injury lawyer in New York City will represent my case legally? This thing can be taken care of very easily as many personal injury lawyer New York City are high qualified and efficient to deal with the legal nuances of this. One just needs to find a good lawyer that can deal with this case easily.

A personal injury lawyer helps an injury victim and his families claim a certain amount as damage for the injury that is caused by the other party. The amount of money which is claimed depends on the type of injury and certain other factors also. Some of the factors which determine this are the extent or severity of the injury suffered and also the loss that has taken place as a result of the injury. The duration through which the person has been injured and also the amount of work missed by the victim as a result is also taken to consideration by the lawyers. As a consumer it is the duty of the victim and his family to ensure that they seek the legal services from the lawyer that is the best in his field of expertise. The web and the local yellow pages are excellent sources to find this out.

It will be helpful for those seeking the services of a personal injury lawyer to find out about different aspects of hiring the services of the lawyer. Well no one would like to just hire the first lawyer that they come across and then regret their decision at a later stage. So it is best to make all the arrangements beforehand. Ask the lawyer if the consultation is provided free of cost or you will have to pay for this as well. Once you come to know about this, you can decide from the beginning if you want to hire this lawyer or not. The client must talk to his lawyer about all the things which are associated with the case and make sure that the lawyer is not kept in the dark about even the minutest details related to the incident.

It is understandable that the client will have lots of questions to ask the lawyer. The best thing for the client to do will be to get rid of all these queries. The lawyer is the best person who can answer all the queries. Find out the ability of the lawyer and see how efficient has been in handling different cases. One must ensure that they are really good in dealing with clients and also the lawyer must have a good success rate.

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Accident Injury Findings by New York Personal Injury Attorney

According to the Journal Archives of Surgery published on March 17th which found out that, even after a year of injury in a car accident, slip and fall or other kinds of accidents, 63 percent reported that they still had substantial pain related to the injury. In this study over 3,000 patients between the ages 18 to 84 were taken into account, who had survived a traumatic injury.

The various kinds of injuries include broken limbs, chest or abdominal trauma, injuries in motor vehicle crashes, slip-trip & fall accidents and other accidents. The most common areas of pain identified were the joints and limbs (44 %), the back (26 %), the head injuries (12 %), and the neck injuries (7 %).

A Baltimore-based advocacy group called "American Pain Foundation", said that the financial cost of chronic pain in the United States, including loss of income, health care expenses and lost productivity in the workplace, is estimated to be around $100 billion per year. Back pain is the leading cause of disability in Americans under 45 years old according to this foundation.

We are quite frequently battling with insurance companies in New York car accidents who want to cut our clients off based on a negative MRI despite the fact that it is clear that the client is still in pain that too without any proof of this pain such as positive X-rays, CAT Scans, or MRI's. In these situations, our advice is simple: you must continue to treat with your chiropractor, physiatrist, physical therapist, or acupuncturist, in order to alleviate the pain and establish the evidence that is necessary in meeting the "No-Fault Threshold", which is the requirement in order to receive compensation for injuries in any New York car accident.

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Get Back To Life With Personal Injury Lawyer New York City

Injury, either physical or mental, takes time to get recovered. There are copious treatments to heal one's physical injury but nothing to take someone out of mental trauma. That injury that affected you physically as well as mentally can occur due to the fault of another entity. In some cases it can be nothing but a mishap but whatever the cause of injury it leaves a deep impact on injured party. Not only the injured person but his or her family members also suffer from the metal disturbance. In a situation where the injury is just an accident and no one is responsible for it should be accepted as destined disaster. If another party is also involved in the accident as guilty person then the victim must go a personal injury lawyer. If you have been injured in New York or any nearby place then you can come to personal injury lawyer New York City to reimburse your injury.

Going to a personal injury lawyer does not mean that you want your injury get compensated but the biggest motive behind doing so is getting justice. Feeling of getting justice will help you and your family in coming out of mental trauma. A personal injury lawyer New York City understands every situation of a victim thus he handles every legal process efficiently without demanding much time from you. You just need to give him the detailed information about the incident and he will handle every proceeding himself. When you have no one to make you feel better then you can find a best companion as personal injury lawyer New York City. You can hire a personal injury lawyer for contentment of getting justice, as he will help you in recovering faster by providing you moral support.

A personal injury lawyer New York can be your best friend in your tough time as he can make you feel comfortable by paving the way to justice and contentment. You can hire a personal injury lawyer New York, as he is beneficial in soothing your upset mind. It may be bit difficult to develop confidence in someone you do not know but a sensible market research can make it easier. It is always advisable to consider the previous track record and success rate of the lawyer before hiring. Exceptional performance and proficiency of a lawyer assures you apt justice. Personal injury lawyer New York City enables you to convert your aggravation in to contentment of getting justice.

Personal injury lawyer New York boosts your confidence and enlightens your heart with potential to fight against injustice. If you are worried about fee of the lawyer then stop worrying and strengthen your voice to speak in front of guilty party. Charges of personal injury lawyer are reasonable that do not affect your pocket. With the help of personal injury lawyer New York City you can just sit back, relax and the sure justice will be there to take you out of the distressed and hoarse life.

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New York Medical Malpractice - Legal Advice by Injury Lawyer

Medical Malpractice lawsuit could be filed if your surgery or medical treatment has resulted in serious complications. You can also become a victim of medical malpractice due to wrong diagnosis or prescription given by your medical/health care professional. Most of the medical authorities including hospitals (both private/government), and nursing homes have duty to provide competent health care services to their patients. If your doctor or medical authority provides inferior services resulting in further medical complications, then you can file a medical malpractice lawsuit.

If you or your loved ones have been a victim of Medical Malpractice within New York City, then you should follow these simple guidelines:-

Step1: Consult another doctor immediately after the surgery if you are not feeling well especially after the operation. The doctor from a separate medical facility will examine you and will give his best opinion regarding whether your previous doctor, medical health center, or hospital made a medical mistake while performing surgery. Your medical malpractice case could be against the wrong diagnosis of a serious disease as well.

Step 2: You can personally contact the New York State Department of Health or you can visit their website at: http://www.health.state.ny.us/. Here you can inquire about the legal history of your doctor or health professional. If there are several complaints lodged against your doctor, then you must file a medical malpractice case.

Step3: You should research on the legal history of similar cases and once you gain information related to your medical status, you should contact a personal injury lawyer or medical malpractice lawyer. The term personal injury itself encompasses the medical malpractice therefore you should contact a suitable attorney within your region. You should gather information on how he will proceed regarding your medical lawsuit. You can also inquire about his/her experience in handling similar cases.

Step4: Always present correct facts to your lawyer. You should not hide any fact from your attorney. You should also allow your attorney's medical expert to examine your medical records then to decide the extent of your personal injuries and trauma. Your medical malpractice lawyer will help you win your case.

Step5: Most of the personal injury plaintiff lawyers work on contingency basis. While working on contingency basis, you don't have to pay any amount. Your lawyer will fight your case absolutely free of charge. However once you win the lawsuit, your medical malpractice lawyer will get a percentage of the compensation amount. Most of the medical professionals and hospital authorities (public or private) have insured themselves in case of a lawsuit, and further they hire aggressive defense lawyers who will try their best to devoid you of your injury compensation. It is best to consult an experienced attorney who will help you win your case.

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Accident Injury Findings by New York Personal Injury Attorney

According to the Journal Archives of Surgery published on March 17th which found out that, even after a year of injury in a car accident, slip and fall or other kinds of accidents, 63 percent reported that they still had substantial pain related to the injury. In this study over 3,000 patients between the ages 18 to 84 were taken into account, who had survived a traumatic injury.

The various kinds of injuries include broken limbs, chest or abdominal trauma, injuries in motor vehicle crashes, slip-trip & fall accidents and other accidents. The most common areas of pain identified were the joints and limbs (44 %), the back (26 %), the head injuries (12 %), and the neck injuries (7 %).

A Baltimore-based advocacy group called "American Pain Foundation", said that the financial cost of chronic pain in the United States, including loss of income, health care expenses and lost productivity in the workplace, is estimated to be around $100 billion per year. Back pain is the leading cause of disability in Americans under 45 years old according to this foundation.

We are quite frequently battling with insurance companies in New York car accidents who want to cut our clients off based on a negative MRI despite the fact that it is clear that the client is still in pain that too without any proof of this pain such as positive X-rays, CAT Scans, or MRI's. In these situations, our advice is simple: you must continue to treat with your chiropractor, physiatrist, physical therapist, or acupuncturist, in order to alleviate the pain and establish the evidence that is necessary in meeting the "No-Fault Threshold", which is the requirement in order to receive compensation for injuries in any New York car accident.

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4 Things Your New York Injury Lawyer Looks For When You Show Up In His Office

When you need to find an injury lawyer, you need to ask lots of questions. You might meet with more than one attorney before you feel comfortable with your choice of lawyer.

When you arrive in his (or her) office, you look around, look at the diplomas on the wall, look at how the office is run, and look at the furnishings. What does this tell you? Does a messy office reveal a lawyer who can handle your case? Does a clean office mean your lawyer has no other clients? You don't know from the looks of it. Use your gut instinct to tell yourself whether you can put your trust and your case in his or her hands.

At the same time you are deciding whether this lawyer is the right one for you, the lawyer is also looking at you to see if you are the right client for him. Here's what a lawyer, practicing in New York will look for in a client.

1. Honesty.

The client must be straightforward and honest about what happened to them. They must let the attorney decide what facts and information are important. We don't want a client who is selective about what they say. We also need to know a client's past history; were there any skeletons in the closet? Any convictions? Any prior lawsuits? We need to know in order to better help you.

2. Presentation.

How does the client present themselves when they talk to you? Are they quiet? Are they loud? Are they well dressed? Do they look at you when they respond? Are they comfortable telling what happened?

This is very important, because your lawyer is looking to see what type of witness you will make if your case has merit and ultimately goes to trial.

3. A Desire To Seek Help- Not Vengenance

There are some clients who come into a lawyer's office so outraged that they were harmed by someone else that all they want is revenge. That's a normal, healthy feeling. There are other clients who come to us asking for help because they can't pay their medical bills or their mortgage because they can't work from their injuries.

A client who seeks revenge is volatile and unpredictable on the witness stand. That doesn't mean they don't have a valid case. It simply means that it's going to be tougher to help this type of client, because no matter what the lawyer does, it probably will never be enough.

A client who genuinely seeks help and compensation to right a wrong is the perfect type of client a lawyer seeks.

4. A Desire To Get Better, and Improve Themselves.

There are some clients who want to 'milk the system'. They're waiting for their payday and will simply sit home and wait until their settlement comes. For those folks, they live for their lawsuit.

For many others, the lawsuit is a means of support to pay their expenses, to be able to afford surgery to correct their problem, and as compensation for their suffering. The client who is doing everything possible to get their life back to normal, is the ideal type of client. Some people want to return to work, even if they're in pain. Others are content to stay at home and watch TV while recuperating.

As with all types of cases, each one is different, and each case has it's ups and downs. Next time you're deciding upon what lawyer to use, keep in mind that your lawyer is deciding whether he'll choose you too.

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Auto Accident Attorneys, Serious Injury, and Personal Injury Law in New York State

Auto accident attorneys in New York State know there's something special about car accidents. Article 51 of the insurance Law says car crash victims have to show they have a serious injury before they can get any money for pain and suffering. What does this all mean?

It means very little when it comes to medical bills, lost wages, and some other relatively minor items. New York No-Fault law guarantees that the injured person will be compensated in these areas. The insurance company for the car you were in should pay for your medical expenses and lost wages. In nearly all cases you will not need a lawyer. While we are starting to see insurance companies unreasonably refuse to pay in some instances, this is still rare. Also, for most of these denials, the amount of money involved is not enough to justify the legal expense. We advise our clients when it comes to any No-Fault denials, and in cases where the problem is substantial, we do represent them. Usually we fight the denial in an arbitration.

The auto accident serious injury threshold is a compromise, in theory at least. Since routine expenses were covered by the personal injury protection line of insurance under No-Fault, liability expenses were supposed to be reduced on the bodily injury liability line. There could be a vigorous debate about whether this compromise was wise or fair, but someone else can write that article.

The standard for what is a serious injury is fairly complicated. There are several categories of serious injury. The most common that we see involve fractures, other injuries that cause a significant limitation, or a substantial amount of time out of work.

You would think the fracture category would be pretty straightforward. In most auto accident cases it is. But there are a few kinds of fractures where it's not so clear. Court decisions suggest that a fracture of a bone meets the criteria. Fractured cartilage normally will not qualify, and the same is true of a fractured organ. We had one case with a "liver fracture." Sounds odd, but that's what the doctors called it. The case settled so we never tested that in Court. The other issue is when is a fracture a fracture? A hairline fracture counts, but a "greenstick" fracture does not.

The significant limitation category has led to hundreds of cases discussing when a limitation is significant, and what the injured person has to prove to show it. The defendant's attorney will often move for summary judgment to dismiss the case. After having the injured person looked at by their own doctor in an independent medical examination (also known as an IME, and many of us dispute the use of the word "independent"), the defense attorney submits the expert's report which generally indicates the injured person is fully recovered. Then the plaintiff's auto accident attorney responds, usually with a report from the treating physician, describing the details of the injury and why it is, or was, significant. If the plaintiff's response is insufficient, the case often gets dismissed. To avoid this, the evidence must show that the injury was more than mild, minor or slight, and that this is connected to objective findings (like an abnormality on an X-ray or MRI, or in many cases a finding of spasm.

The category about being out of work is known among attorneys as the 90/180 category. This refers to the law which requires that the person be impaired from substantially all of their daily activities for 90 or more days out of the 180 days following the accident. Most of the time this means three months out of work in the six months after the accident happened. Responding to a motion, the plaintiff attorney must show, through medical evidence, that the person had to stay out of work for the three months, and that this was connected to objective medical findings.

For both of the latter two categories, we often win the motion by pointing out a key flaw in the IME. In most cases the IME doctor does not discuss much about the past problems and treatment. We argue that this means the defense did not meet their burden on their motion. They didn't show the Court that the limitation was not significant, or that the time out-of-work was inappropriate, because the IME doctor doesn't discuss those issues. In our experience, most judges understand this and keep the case alive.

There are other categories and a number of other complex issues that can come up in car accident cases involving the serious injury threshold, but that's a good start.

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Personal Injury Lawyer New York - Dedicated to Resolve your Case

Life is full of uncertainties as a person is always a subject to an accident or an injury. These days, one can come across many accidents on the expenses of others. It can be just a bad experience for the guilty person but for the victim it is a lifelong pain. Injuries get healed but they leave discontent of injustice in the mind of the victim. If you are one of them, who has suffered a lot due to any personal injury then you can better understand that discontent of injustice. Fighting for justice is the only way to get back the peace of mind, if you reside in New York or nearby place then personal injury lawyer New York can be the biggest help for you.

Injuries either external or internal, takes time to get cured but satisfaction of getting the justice can lessen that time. Through a rough patch of injury you need someone to walk by your side as you and your whole family is affected by the trauma. A personal injury lawyer New York can be your best friend in your tough time that makes you feel comfortable by paving the way to justice and contentment. You can hire a personal injury lawyer New York, as he is beneficial in soothing your hurt emotions. It may be bit difficult to develop confidence in someone you do not know but a sensible market research can make it easier. It is always advisable to consider the previous track record and success rate of the lawyer before hiring. Excellent track record and expertise of a lawyer assures you apt justice.

For searching a personal injury lawyer in New York, you can also take help of internet as most of the lawyers have their own websites. In a situation when you cannot take much stress in searching for a proficient lawyer it is the most convenient way to check out the list highest rated lawyers. On web you can also get information about their past record. Once you choose the most reliable lawyer for fighting your case you can move ahead and can file a claim for your injury. He will be a perfectionist in accomplishing all legal formalities, such as filing cases and preparing arguments for fighting. After filing the case you can be free all hassles as your personal injury lawyer New York will ease them out.

Now the whole issue comes to a crucial point and that is charges of your personal injury lawyer in New York. This may be thing that can bother you but with personal injury lawyer you can be very comfortable with charges also. Absolutely, a personal injury lawyer New York is paid on a contingency basis when handling personal injury, personal property damage cases. This means that you will not have to pay any legal fees unless they start any legal process. They charge a very less amount for investigating and maintaining the claim. A personal injury lawyer New York makes full commitment to you and dedicates his resources in favorably resolving your case.

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Accident Injury Findings by New York Personal Injury Attorney

According to the Journal Archives of Surgery published on March 17th which found out that, even after a year of injury in a car accident, slip and fall or other kinds of accidents, 63 percent reported that they still had substantial pain related to the injury. In this study over 3,000 patients between the ages 18 to 84 were taken into account, who had survived a traumatic injury.

The various kinds of injuries include broken limbs, chest or abdominal trauma, injuries in motor vehicle crashes, slip-trip & fall accidents and other accidents. The most common areas of pain identified were the joints and limbs (44 %), the back (26 %), the head injuries (12 %), and the neck injuries (7 %).

A Baltimore-based advocacy group called "American Pain Foundation", said that the financial cost of chronic pain in the United States, including loss of income, health care expenses and lost productivity in the workplace, is estimated to be around $100 billion per year. Back pain is the leading cause of disability in Americans under 45 years old according to this foundation.

We are quite frequently battling with insurance companies in New York car accidents who want to cut our clients off based on a negative MRI despite the fact that it is clear that the client is still in pain that too without any proof of this pain such as positive X-rays, CAT Scans, or MRI's. In these situations, our advice is simple: you must continue to treat with your chiropractor, physiatrist, physical therapist, or acupuncturist, in order to alleviate the pain and establish the evidence that is necessary in meeting the "No-Fault Threshold", which is the requirement in order to receive compensation for injuries in any New York car accident.

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Personal Injury Lawyer New York - Dedicated to Resolve your Case

Life is full of uncertainties as a person is always a subject to an accident or an injury. These days, one can come across many accidents on the expenses of others. It can be just a bad experience for the guilty person but for the victim it is a lifelong pain. Injuries get healed but they leave discontent of injustice in the mind of the victim. If you are one of them, who has suffered a lot due to any personal injury then you can better understand that discontent of injustice. Fighting for justice is the only way to get back the peace of mind, if you reside in New York or nearby place then personal injury lawyer New York can be the biggest help for you.

Injuries either external or internal, takes time to get cured but satisfaction of getting the justice can lessen that time. Through a rough patch of injury you need someone to walk by your side as you and your whole family is affected by the trauma. A personal injury lawyer New York can be your best friend in your tough time that makes you feel comfortable by paving the way to justice and contentment. You can hire a personal injury lawyer New York, as he is beneficial in soothing your hurt emotions. It may be bit difficult to develop confidence in someone you do not know but a sensible market research can make it easier. It is always advisable to consider the previous track record and success rate of the lawyer before hiring. Excellent track record and expertise of a lawyer assures you apt justice.

For searching a personal injury lawyer in New York, you can also take help of internet as most of the lawyers have their own websites. In a situation when you cannot take much stress in searching for a proficient lawyer it is the most convenient way to check out the list highest rated lawyers. On web you can also get information about their past record. Once you choose the most reliable lawyer for fighting your case you can move ahead and can file a claim for your injury. He will be a perfectionist in accomplishing all legal formalities, such as filing cases and preparing arguments for fighting. After filing the case you can be free all hassles as your personal injury lawyer New York will ease them out.

Now the whole issue comes to a crucial point and that is charges of your personal injury lawyer in New York. This may be thing that can bother you but with personal injury lawyer you can be very comfortable with charges also. Absolutely, a personal injury lawyer New York is paid on a contingency basis when handling personal injury, personal property damage cases. This means that you will not have to pay any legal fees unless they start any legal process. They charge a very less amount for investigating and maintaining the claim. A personal injury lawyer New York makes full commitment to you and dedicates his resources in favorably resolving your case.

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Personal Injury Lawyer New York - Dedicated to Resolve your Case

Life is full of uncertainties as a person is always a subject to an accident or an injury. These days, one can come across many accidents on the expenses of others. It can be just a bad experience for the guilty person but for the victim it is a lifelong pain. Injuries get healed but they leave discontent of injustice in the mind of the victim. If you are one of them, who has suffered a lot due to any personal injury then you can better understand that discontent of injustice. Fighting for justice is the only way to get back the peace of mind, if you reside in New York or nearby place then personal injury lawyer New York can be the biggest help for you.

Injuries either external or internal, takes time to get cured but satisfaction of getting the justice can lessen that time. Through a rough patch of injury you need someone to walk by your side as you and your whole family is affected by the trauma. A personal injury lawyer New York can be your best friend in your tough time that makes you feel comfortable by paving the way to justice and contentment. You can hire a personal injury lawyer New York, as he is beneficial in soothing your hurt emotions. It may be bit difficult to develop confidence in someone you do not know but a sensible market research can make it easier. It is always advisable to consider the previous track record and success rate of the lawyer before hiring. Excellent track record and expertise of a lawyer assures you apt justice.

For searching a personal injury lawyer in New York, you can also take help of internet as most of the lawyers have their own websites. In a situation when you cannot take much stress in searching for a proficient lawyer it is the most convenient way to check out the list highest rated lawyers. On web you can also get information about their past record. Once you choose the most reliable lawyer for fighting your case you can move ahead and can file a claim for your injury. He will be a perfectionist in accomplishing all legal formalities, such as filing cases and preparing arguments for fighting. After filing the case you can be free all hassles as your personal injury lawyer New York will ease them out.

Now the whole issue comes to a crucial point and that is charges of your personal injury lawyer in New York. This may be thing that can bother you but with personal injury lawyer you can be very comfortable with charges also. Absolutely, a personal injury lawyer New York is paid on a contingency basis when handling personal injury, personal property damage cases. This means that you will not have to pay any legal fees unless they start any legal process. They charge a very less amount for investigating and maintaining the claim. A personal injury lawyer New York makes full commitment to you and dedicates his resources in favorably resolving your case.

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New York Personal Injury Lawyers

Injury to a person that is caused by an automobile accident, accident at work or by someone else's negligence is a personal injury. In case of personal injury, it is obvious that the injured victim or his family would want compensation for the injury and the cost of medical bills. In a big place like New York, it becomes difficult to find a good lawyer who is devoted to the client's needs and taking care of the client's case in a caring, professional and responsible manner. The injured victim or his family can find a good lawyer in the Yellow Pages or an online directory, or contact the State Bar lawyer referral service.

Personal injury lawyers work on behalf of their clients, and help to get compensation for injuries that occurred due to someone else's negligence. Personal injury lawyers work with the client to build a lawsuit, cope with the insurance company and deal people on the client's behalf. In New York there are different types of personal injury lawyers for different kind of injury cases, just as there are different doctors for different diseases. Not all personal injury lawyers take on worker's compensation cases or accident injury cases; some lawyers mainly focus on spinal cord injury cases or brain injury cases, while others specialize in car accidents or construction accidents, for example.

All lawyers in New York are required to pass the bar exam, which includes multiple-choice questions and essay questions. On passing the bar exam, one must apply to the Appellate Court to seek entry to the bar and, after passing the interview with the Character and Fitness Committee, one can practice law in New York. Some of the prominent law firms for personal injury law in New York are Napoli Kaiser, Connors and Ferris, Schwartzapfel, Novick, Truhowsky and Marcus, and many more. All of these firms mainly handle personal injury cases.

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4 Things Your New York Injury Lawyer Looks For When You Show Up In His Office

When you need to find an injury lawyer, you need to ask lots of questions. You might meet with more than one attorney before you feel comfortable with your choice of lawyer.

When you arrive in his (or her) office, you look around, look at the diplomas on the wall, look at how the office is run, and look at the furnishings. What does this tell you? Does a messy office reveal a lawyer who can handle your case? Does a clean office mean your lawyer has no other clients? You don't know from the looks of it. Use your gut instinct to tell yourself whether you can put your trust and your case in his or her hands.

At the same time you are deciding whether this lawyer is the right one for you, the lawyer is also looking at you to see if you are the right client for him. Here's what a lawyer, practicing in New York will look for in a client.

1. Honesty.

The client must be straightforward and honest about what happened to them. They must let the attorney decide what facts and information are important. We don't want a client who is selective about what they say. We also need to know a client's past history; were there any skeletons in the closet? Any convictions? Any prior lawsuits? We need to know in order to better help you.

2. Presentation.

How does the client present themselves when they talk to you? Are they quiet? Are they loud? Are they well dressed? Do they look at you when they respond? Are they comfortable telling what happened?

This is very important, because your lawyer is looking to see what type of witness you will make if your case has merit and ultimately goes to trial.

3. A Desire To Seek Help- Not Vengenance

There are some clients who come into a lawyer's office so outraged that they were harmed by someone else that all they want is revenge. That's a normal, healthy feeling. There are other clients who come to us asking for help because they can't pay their medical bills or their mortgage because they can't work from their injuries.

A client who seeks revenge is volatile and unpredictable on the witness stand. That doesn't mean they don't have a valid case. It simply means that it's going to be tougher to help this type of client, because no matter what the lawyer does, it probably will never be enough.

A client who genuinely seeks help and compensation to right a wrong is the perfect type of client a lawyer seeks.

4. A Desire To Get Better, and Improve Themselves.

There are some clients who want to 'milk the system'. They're waiting for their payday and will simply sit home and wait until their settlement comes. For those folks, they live for their lawsuit.

For many others, the lawsuit is a means of support to pay their expenses, to be able to afford surgery to correct their problem, and as compensation for their suffering. The client who is doing everything possible to get their life back to normal, is the ideal type of client. Some people want to return to work, even if they're in pain. Others are content to stay at home and watch TV while recuperating.

As with all types of cases, each one is different, and each case has it's ups and downs. Next time you're deciding upon what lawyer to use, keep in mind that your lawyer is deciding whether he'll choose you too.

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New York Medical Malpractice - Legal Advice by Injury Lawyer

Medical Malpractice lawsuit could be filed if your surgery or medical treatment has resulted in serious complications. You can also become a victim of medical malpractice due to wrong diagnosis or prescription given by your medical/health care professional. Most of the medical authorities including hospitals (both private/government), and nursing homes have duty to provide competent health care services to their patients. If your doctor or medical authority provides inferior services resulting in further medical complications, then you can file a medical malpractice lawsuit.

If you or your loved ones have been a victim of Medical Malpractice within New York City, then you should follow these simple guidelines:-

Step1: Consult another doctor immediately after the surgery if you are not feeling well especially after the operation. The doctor from a separate medical facility will examine you and will give his best opinion regarding whether your previous doctor, medical health center, or hospital made a medical mistake while performing surgery. Your medical malpractice case could be against the wrong diagnosis of a serious disease as well.

Step 2: You can personally contact the New York State Department of Health or you can visit their website at: http://www.health.state.ny.us/. Here you can inquire about the legal history of your doctor or health professional. If there are several complaints lodged against your doctor, then you must file a medical malpractice case.

Step3: You should research on the legal history of similar cases and once you gain information related to your medical status, you should contact a personal injury lawyer or medical malpractice lawyer. The term personal injury itself encompasses the medical malpractice therefore you should contact a suitable attorney within your region. You should gather information on how he will proceed regarding your medical lawsuit. You can also inquire about his/her experience in handling similar cases.

Step4: Always present correct facts to your lawyer. You should not hide any fact from your attorney. You should also allow your attorney's medical expert to examine your medical records then to decide the extent of your personal injuries and trauma. Your medical malpractice lawyer will help you win your case.

Step5: Most of the personal injury plaintiff lawyers work on contingency basis. While working on contingency basis, you don't have to pay any amount. Your lawyer will fight your case absolutely free of charge. However once you win the lawsuit, your medical malpractice lawyer will get a percentage of the compensation amount. Most of the medical professionals and hospital authorities (public or private) have insured themselves in case of a lawsuit, and further they hire aggressive defense lawyers who will try their best to devoid you of your injury compensation. It is best to consult an experienced attorney who will help you win your case.

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New York Medical Malpractice - Legal Advice by Injury Lawyer

Medical Malpractice lawsuit could be filed if your surgery or medical treatment has resulted in serious complications. You can also become a victim of medical malpractice due to wrong diagnosis or prescription given by your medical/health care professional. Most of the medical authorities including hospitals (both private/government), and nursing homes have duty to provide competent health care services to their patients. If your doctor or medical authority provides inferior services resulting in further medical complications, then you can file a medical malpractice lawsuit.

If you or your loved ones have been a victim of Medical Malpractice within New York City, then you should follow these simple guidelines:-

Step1: Consult another doctor immediately after the surgery if you are not feeling well especially after the operation. The doctor from a separate medical facility will examine you and will give his best opinion regarding whether your previous doctor, medical health center, or hospital made a medical mistake while performing surgery. Your medical malpractice case could be against the wrong diagnosis of a serious disease as well.

Step 2: You can personally contact the New York State Department of Health or you can visit their website at: http://www.health.state.ny.us/. Here you can inquire about the legal history of your doctor or health professional. If there are several complaints lodged against your doctor, then you must file a medical malpractice case.

Step3: You should research on the legal history of similar cases and once you gain information related to your medical status, you should contact a personal injury lawyer or medical malpractice lawyer. The term personal injury itself encompasses the medical malpractice therefore you should contact a suitable attorney within your region. You should gather information on how he will proceed regarding your medical lawsuit. You can also inquire about his/her experience in handling similar cases.

Step4: Always present correct facts to your lawyer. You should not hide any fact from your attorney. You should also allow your attorney's medical expert to examine your medical records then to decide the extent of your personal injuries and trauma. Your medical malpractice lawyer will help you win your case.

Step5: Most of the personal injury plaintiff lawyers work on contingency basis. While working on contingency basis, you don't have to pay any amount. Your lawyer will fight your case absolutely free of charge. However once you win the lawsuit, your medical malpractice lawyer will get a percentage of the compensation amount. Most of the medical professionals and hospital authorities (public or private) have insured themselves in case of a lawsuit, and further they hire aggressive defense lawyers who will try their best to devoid you of your injury compensation. It is best to consult an experienced attorney who will help you win your case.

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Get Back To Life With Personal Injury Lawyer New York City

Injury, either physical or mental, takes time to get recovered. There are copious treatments to heal one's physical injury but nothing to take someone out of mental trauma. That injury that affected you physically as well as mentally can occur due to the fault of another entity. In some cases it can be nothing but a mishap but whatever the cause of injury it leaves a deep impact on injured party. Not only the injured person but his or her family members also suffer from the metal disturbance. In a situation where the injury is just an accident and no one is responsible for it should be accepted as destined disaster. If another party is also involved in the accident as guilty person then the victim must go a personal injury lawyer. If you have been injured in New York or any nearby place then you can come to personal injury lawyer New York City to reimburse your injury.

Going to a personal injury lawyer does not mean that you want your injury get compensated but the biggest motive behind doing so is getting justice. Feeling of getting justice will help you and your family in coming out of mental trauma. A personal injury lawyer New York City understands every situation of a victim thus he handles every legal process efficiently without demanding much time from you. You just need to give him the detailed information about the incident and he will handle every proceeding himself. When you have no one to make you feel better then you can find a best companion as personal injury lawyer New York City. You can hire a personal injury lawyer for contentment of getting justice, as he will help you in recovering faster by providing you moral support.

A personal injury lawyer New York can be your best friend in your tough time as he can make you feel comfortable by paving the way to justice and contentment. You can hire a personal injury lawyer New York, as he is beneficial in soothing your upset mind. It may be bit difficult to develop confidence in someone you do not know but a sensible market research can make it easier. It is always advisable to consider the previous track record and success rate of the lawyer before hiring. Exceptional performance and proficiency of a lawyer assures you apt justice. Personal injury lawyer New York City enables you to convert your aggravation in to contentment of getting justice.

Personal injury lawyer New York boosts your confidence and enlightens your heart with potential to fight against injustice. If you are worried about fee of the lawyer then stop worrying and strengthen your voice to speak in front of guilty party. Charges of personal injury lawyer are reasonable that do not affect your pocket. With the help of personal injury lawyer New York City you can just sit back, relax and the sure justice will be there to take you out of the distressed and hoarse life.

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10 Facts Your New York Personal Injury and Medical Malpractice Attorney May Not Tell You

1. Your lawsuit is not guaranteed to win or get you money. Even with a good experienced attorney, you may still lose.

a. This is true whether you have a great case, or even a bad case.

b. No one can predict the outcome of your case, even if you have all of your 'ducks lined up'.

c. An experienced attorney is a guide and your advocate. He will do the best he can to achieve victory for you. However, not every case is worthy of winning, and not every case is successful. Even an attorney with an impressive list of wins to his credit can tell you of cases that he has lost. Unfortunately, that's the risk that all parties take when a case goes to trial.

2. The true value of your case is unknown until every detail of your case has been evaluated by experts.

a. At the beginning of the case, your attorney must obtain all of your medical records.

b. He must evaluate liability in your case.

c. He must review all medicals and liability.

d. He then must have his expert(s) evaluate your case, from top to bottom.

e. He must do legal research to see what similar cases have settled for and what verdicts have been rendered in similar cases.

f. He needs to do a search of appellate cases to see how the appeals courts have addressed these types of injuries.

g. He needs to know what economic losses you have suffered and what your doctors believe you will need for your future years.

3. You (the client) are obligated to pay me back for my litigation expenses, even if you lose your case.

a. This is true. However, most lawyers in New York who handle medical malpractice and personal injury do not ask the client to be repaid for all of their litigation expenses if the case is lost.

b. Can you imagine the indignity to a client after losing a trial, to be told, "By the way, you now owe me $25,000 for my expenses?"

4. If you have health insurance, and health insurance paid for your medical bills, in all likelihood, you will be required to reimburse your health insurance company most of those bills...from YOUR share of the settlement, not the attorney's share.

a. The reason is simple- Since you were the one who benefited from your health insurance company paying your bills (of course you paid those hefty premiums for this benefit) any money you recover, is repaid directly from your share.

b. Your share- that means that you don't get your money until your insurance company gets their share first. Then and only then will you receive your settlement check.

5. If you bring a lawsuit on behalf of your child, any money that is awarded to your child CANNOT BE TOUCHED until he or she turns 18 years of age.

a. This is to protect your child's money, plain and simple.

b. All too often, parents, most of whom are good intentioned and some who are not, have tried to take hold of their children's money to use for their own purposes and debts. The Courts of New York refuse to make any exception to this rule.

c. Years ago, lawyers were only permitted to place this money into Savings Banks, where the money laid dormant earning minimal interest until the child turned 18 and it was withdrawn.

d. Nowadays there are usually better investment vehicles that will preserve the child's capital, and at the same time generate better investment returns than typically found in a savings account.

6. If your lawyer screws up your case or makes a mistake, he is obligated to disclose the mistake to you and advise you to either file a claim against his insurance company, or advise you to seek counsel with another attorney.

a. The reason this disclosure is advocated is that if a lawyer screws up, the client will usually not know of the problem until much later. By that time, it may be too late to file a claim against the attorney.

b. The attorney is not supposed to gain or shield himself from such legal wrongdoing.

c. If you make a mistake, own up to it. Tell the client about it. Advise them of their rights at that point.

7. All lawyers in New York are required to take continuing legal education classes to keep up to date on legal changes.

a. It makes sense. You don't want to have a lawyer who's 'out of touch' with what the law is, you want someone who is current on the law, and how it applies to your case.

b. Generally, a lawyer is required to take 24 credits of classes over a two year period.

8. "Let's sue everyone we can think of, then we'll figure out who's really responsible later."

a. If this is your attorney telling you this, I'd think twice about his or her ability and ethical obligations.

b. If a lawsuit is started against someone without having a valid basis to do so, this could be considered frivolous litigation, and might subject the attorney and client to sanctions and fines. Make sure you know who you're suing and why.

9. If you lie about the facts of your case, or about the extent of your injuries, I am out of here.

a. If I find out that you have lied about material items concerning liability or damages, I will be first on line in Court asking to be removed from your case.

b. You must tell the truth about what happened to you, and how your injuries have disabled you.

10. Even though I tell you I pay all of the litigation expenses, there may come a time when I might ask you to pay for them, otherwise I will not continue on your case.

a. The lawyer says he pays all expenses on his dime.

b. At the end of the case, when and if money is obtained for you, the lawyer is reimbursed for his expenses.

c. In a few rare instances I have seen an attorney ask the client to directly pay for their experts to come into trial, since new information indicates that the chances of winning the case are slim to none. In those cases, the attorney wanted to cut his losses and told the client, if you don't pay for the experts yourselves, "I'm asking the Court to release me as your attorney."

d. The bottom line- ask your lawyer whether this might ever happen.

Comment: I hope this article has opened your eyes to certain facts that need to be addressed with any New York attorney you choose to handle your injury case. Remember, the more information you have, the better choices you'll make. If you have any questions, please feel free to call Gerry (at no obligation or expense to you) at 516-487-8207.

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New York Personal Injury Lawyers

Injury to a person that is caused by an automobile accident, accident at work or by someone else's negligence is a personal injury. In case of personal injury, it is obvious that the injured victim or his family would want compensation for the injury and the cost of medical bills. In a big place like New York, it becomes difficult to find a good lawyer who is devoted to the client's needs and taking care of the client's case in a caring, professional and responsible manner. The injured victim or his family can find a good lawyer in the Yellow Pages or an online directory, or contact the State Bar lawyer referral service.

Personal injury lawyers work on behalf of their clients, and help to get compensation for injuries that occurred due to someone else's negligence. Personal injury lawyers work with the client to build a lawsuit, cope with the insurance company and deal people on the client's behalf. In New York there are different types of personal injury lawyers for different kind of injury cases, just as there are different doctors for different diseases. Not all personal injury lawyers take on worker's compensation cases or accident injury cases; some lawyers mainly focus on spinal cord injury cases or brain injury cases, while others specialize in car accidents or construction accidents, for example.

All lawyers in New York are required to pass the bar exam, which includes multiple-choice questions and essay questions. On passing the bar exam, one must apply to the Appellate Court to seek entry to the bar and, after passing the interview with the Character and Fitness Committee, one can practice law in New York. Some of the prominent law firms for personal injury law in New York are Napoli Kaiser, Connors and Ferris, Schwartzapfel, Novick, Truhowsky and Marcus, and many more. All of these firms mainly handle personal injury cases.

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A Personal Injury Lawyer in New York City Can Help Injured Victims

Other then being physically injured, an injury can leave behind severe emotional scars. In fact the whole process can turn out to be a traumatic experience for the victim and his friends and family as well. It is an unfortunate incident that can happen to anyone but certain things can be done to lessen the after effects a little. Accidents mostly happen due to the fault of some other individual or organization. So one of the questions that a person needs to decide is which personal injury lawyer in New York City will represent my case legally? This thing can be taken care of very easily as many personal injury lawyer New York City are high qualified and efficient to deal with the legal nuances of this. One just needs to find a good lawyer that can deal with this case easily.

A personal injury lawyer helps an injury victim and his families claim a certain amount as damage for the injury that is caused by the other party. The amount of money which is claimed depends on the type of injury and certain other factors also. Some of the factors which determine this are the extent or severity of the injury suffered and also the loss that has taken place as a result of the injury. The duration through which the person has been injured and also the amount of work missed by the victim as a result is also taken to consideration by the lawyers. As a consumer it is the duty of the victim and his family to ensure that they seek the legal services from the lawyer that is the best in his field of expertise. The web and the local yellow pages are excellent sources to find this out.

It will be helpful for those seeking the services of a personal injury lawyer to find out about different aspects of hiring the services of the lawyer. Well no one would like to just hire the first lawyer that they come across and then regret their decision at a later stage. So it is best to make all the arrangements beforehand. Ask the lawyer if the consultation is provided free of cost or you will have to pay for this as well. Once you come to know about this, you can decide from the beginning if you want to hire this lawyer or not. The client must talk to his lawyer about all the things which are associated with the case and make sure that the lawyer is not kept in the dark about even the minutest details related to the incident.

It is understandable that the client will have lots of questions to ask the lawyer. The best thing for the client to do will be to get rid of all these queries. The lawyer is the best person who can answer all the queries. Find out the ability of the lawyer and see how efficient has been in handling different cases. One must ensure that they are really good in dealing with clients and also the lawyer must have a good success rate.

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New York Personal Injury & No-Fault FAQ

Every personal injury claim is different and there are no guarantees. Below are rough answers to some questions we hear frequently about personal injury. Further below is a specific FAQ on No-Fault in New York.

Personal Injury FAQ

Q: How much do lawyers charge?

A: For most personal injury claims, there is no fee unless you collect. Most lawyers in New York charge a one-third contingency fee. When the claim is resolved, the lawyer gets reimbursed for expenses out of the award. Next the lawyer takes the one-third fee. For example, if a claim settles for $35,000, and the lawyer has $2000 in expenses, the fee is $11,000 (1/3 of $33,000). The client would get $22,000.

Q: Does the lawyer always pay the expenses up front?

A: Usually, but not always. There are two major situations where we don't. First, some personal injury claims are not very strong, but we might still be willing to work on a contingency fee basis. In such claims, we will tell the client that they will have to pay the expenses. The other situation is when there is a good offer and the client refuses to accept it against our advice. In these lawsuits we require the client to cover all future expenses.

Q: What are typical expenses in a personal injury lawsuit?

A: In New York personal injury lawsuits, filing fees usually total less than $500. Deposition transcripts also usually total less than $500. The biggest expense is when a lawsuit goes to trial and we have to pay doctors and other experts to testify. We have paid anywhere from $300 to $7500 for a doctor's testimony, and some doctors charge as much as $5000. Other expenses include process servers, investigations, medical records, and meals. In some cases you may need other experts. In one big case we spent about $10K on an accident reconstructionist. The other side spent about $40K on theirs.

Q: What is the process?

A: First most lawyers negotiate with the insurance company. If negotiations are unproductive, the lawyer files a lawsuit. For a few months the lawyers exchange paperwork with the insurance company attorneys. Next come depositions, where they question the plaintiff client and the plaintiff lawyer questions theirs. Then the insurance company might have the plaintiff examined by their doctor in what's known as an IME - Independent Medical Examination. Plaintiff lawyers prefer to call this a Defense Medical Examination. Last is trial. A lawsuit might settle at any point along the way, even while the jury is deliberating.

After a trial the losing side can appeal. Sometimes even the winner can appeal. Cases sometimes settle during the appeal process.

No-Fault FAQ

When you are hurt in an automobile accident in New York State, No-Fault insurance can help with many of your costs. The following frequently asked questions (FAQ) will help you to understand when and how No-Fault pays, what it pays for, and what you have to do.

Q: Am I eligible for No-Fault benefits?

A: You are eligible to receive No-Fault benefits in New York State if:

1. You are injured in an automobile accident;

2. You are a pedestrian struck by a car or motorcycle;

3. You are hurt during the use, operation or maintenance of a motor vehicle unless you are injured in the course of the business of repairing or maintaining a vehicle.

*** Motorcycle drivers and their passengers are not eligible for No-Fault benefits.

Q: What do I do first?

A: Submit your medical expenses and lost wages. Forms for No-Fault and New York State Disability income benefits are provided by the No-Fault carrier (the insurance company that insured the car you were in or struck by at the time of the accident). To begin the process, you have to submit paperwork to that carrier. Failure to file in a timely manner may result in a denial of benefits. We recommend submitting this information as quickly as possible, and we can help with the process.

Q: What information will I need to submit?

A: You will be asked to list all medical providers and facilities that are treating you. The No-Fault carrier will send forms to your doctors. Most will submit their bills directly to the carrier. You should also list your employer(s), and any other related expenses.

Q: What if I go to a new doctor for treatment?

A: Give the new doctor the name and address of the No-Fault carrier so that they too can submit their bills for payment by the carrier. Once your application has been filed, the No-Fault carrier assumes responsibility for the medical bills resulting from the accident.
You must also list your employer on the application for No-Fault benefits so that any lost wages you incur as a result of the accident can be recovered.

Q: What if my child is hurt in an accident?

A: In New York State, if a minor (someone under the age of eighteen) receives medical treatment as a result of an automobile accident, the parent or guardian is legally responsible for those medical bills. Thus, the parent or guardian must forward the minor's medical bills to the No-Fault insurance carrier, just as they would their own. Again, the No-Fault application must be timely filed, or benefits may be denied.

Q: Besides medical bills, what other costs can I recover through No-Fault?

A: In New York State, you may be reimbursed by the No-Fault carrier for the cost of lost wages, prescriptions, travel expenses for medical treatment, and household help while you are recovering from your injuries - including costs of child care while you visit medical providers. To get reimbursed for these expenses, you must submit them to No-Fault. We recommend submitting expenses immediately.

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