Q:  Is there a consultation fee?

A:  Never. I always offer a free consultation to new case inquiries.

Q:  How are attorneys compensated in personal injury cases?

A:  According to Title 22 of the New York Code, Rules and Regulations § 691.20, attorneys in personal injury and wrongful death cases other than medical malpractice cases, may be compensated 33 1/3% of your recovery on a contingency basis.  This means that the attorney only receives a fee if you obtain a recovery.

Q:  How are attorneys compensated in medical malpractice cases?

A:  This is also on a contingency fee basis.  But according to the New York Judiciary Law § 474-a, there is a sliding scale to determine the attorney’s percentage as follows:

30 percent of the first $250,000 of the sum recovered;

25 percent of the next $250,000 of the sum recovered;

20 percent of the next $500,000 of the sum recovered;

15 percent of the next $250,000 of the sum recovered;

10 percent of any amount over $1,250,000 of the sum recovered.

Q:  Is there a Statute of Limitations for personal injury cases?

A:  Yes.  For most personal injury cases the Statute of Limitations is generally 3 years from the date of the accident.  For medical malpractice the Statute of Limitations is generally 2.5 years from the date of malpractice.  The Statute of Limitations may be different for people under the age of 18.  However, there are many variables that may affect the Statute of Limitations so you should contact me immediately if you want to investigate whether you have a case.

Q:  What should I do if I am injured in a motor vehicle accident?

A:  The most important thing, of course, is to take care of your health.  You will need to make sure there is a Police Accident Report and you will also need to obtain No-Fault Insurance coverage to pay for your accident related healthcare.  I can help you with both.

Q:  Is there anything I can do to protect myself before I have an accident?

A:  Yes.  You can ensure that you have appropriate insurance to cover for your losses in the event you have an accident with an underinsured driver.  For example, you should make sure you have sufficient Supplementary Uninsured/Under insured Motorist coverage on your own automobile insurance.  This will ensure there is adequate compensation available to you if you are seriously injured in an accident with another driver who has only minimal insurance, or no insurance at all.  I am happy to discuss this and other strategies with you even if you do not require a personal injury attorney at the moment.

Q:  What should I do if I am injured because of a fall on a public sidewalk or street?

A:  Again, the priority is to take care of your health.  Contact me immediately because your trip or slip and fall accident might have been caused by the negligence of a municipality.  Municipalities usually require notice of your claim within 90 days of the accident; however, there may be factors that lead the court to permit you to file after that time period, as well.

Q:  Do all personal injury and medical malpractice cases get settled?

A:  No.  Some do.  Many don’t.  I prepare every case to be ready for trial.

Q:  Why should I retain you?

A:  This is a results-oriented business and I take pride in obtaining the best results possible for my clients.  More importantly, however, I practice personal injury and medical malpractice law so that I can help people.  Serving people who require assistance is a privilege and an obligation I take very seriously.

Be prepared for the unexpected. 

Make sure your automobile insurance has adequate supplementary uninsured/underinsured motorist coverage, spousal waiver coverage (permitting you or your spouse to make a claim against another if injured in an accident in which one of you were driving) and adequate coverage for your medical bills. Likewise, protect your assets in the event you cause an accident by making sure you have adequate liability insurance and excess coverage including an umbrella policy.

Having surgery or concerns about health problems?

Ask questions.  Insist on answers.  Do your own research.  Get a second opinion.  Or a third.  You are your own best advocate.

Have a loved on in a nursing home?

Be there for them.  Your presence can be very important to make sure the staff is attentive.  Ask questions.  Insist on answers.

Unsure if your injury was caused by negligence or malpractice?

Call me.  I’m happy to discuss your potential case and to perform an investigation.

Have you noticed unsafe sidewalks or streets in your neighborhood?

Write a letter to the town, village or other municipality that maintains that sidewalk or street.  Believe it or not, many municipalities have enacted laws that shield them from liability for sidewalk defects if they have not been provided written notice of the defect.  A phone call is not good enough!  Protect yourself and your neighbors and make sure the municipality can be held accountable.