Overcoming the Storm in Progress Defense in Slip and Fall Cases

 

Don’t be snowed into believing your slip and fall injurySyracuse-lawyers-slip-trip-fall-snow-ice case is unwinnable because of the Storm in progress defense

You slip and fall on snow or ice and are seriously injured.  The landowner and their insurance company say they are not responsible to pay for your injuries because there was a storm in progress.  Are they right? Continue reading

Insurance company says I don’t need a lawyer…

best-syracuse-personal-injury-lawyersIf you have had an automobile accident, you’d like to get your vehicle repaired and “back to life” as soon as possible. We understand that and insurance companies know this. Since most lawyers offer a free consultation  for personal injury cases , it won’t hurt to ask over the phone.  Admittedly, we have a bias against insurance companies and what they might tell you.  This bias is based on our knowledge that no matter how nice insurance adjusters sound on the phone, they have one goal in mind above all others–to pay you as little as possible… I often hear clients with offers much lower than they should be tell us “The insurance agent said I don’t need a lawyer”.

Insurance companies do not work for you.  They rarely help you figure out your legal rights, and may not fully understand them.  They rarely give you a fair assessment of the value of your case.
If your injuries are significant, there are several reasons why a good lawyer can help you.  When you hire a lawyer who is willing to take a case to trial, value is added to your case in a number of ways.  A good lawyer will seek every category of damages that applies to your case, and find ways to support those damages with evidence that will be admissible in court.

The threat of trial itself adds to your bargaining power.  Make no mistake: the insurance company knows that it’s almost impossible to take a case to trial on your own. If you have been injured in an auto accident, you want someone on your side working for you. CALL US at 315-701-2939 or CONTACT US ONLINE

There is a time limit on which one  has to make a claim for personal injury and these vary by state and the type of case. If you feel like you may have a personal injury case, its important that you contact a knowledgeable Personal Injury Attorney as soon as possible so that they may review your case, and if a claim is to be made, do so within a timely manner. Insurance companies will often attempt to get a person with a personal injury case to settle as quickly as possible before they contact an attorney and often times, those people may have underestimated the true value of their case without proper and experienced legal counsel. Our office reviews all personal injury cases for free, and our personal injury attorneys all work on a contingency basis. If you are in the State of New York and have further questions about Personal injury or feel you have a personal injury case, please CONTACT OUR OFFICE through our website or call our office at 315-701-2939

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Personal Injury Law, What are Case Costs?

What are Case Costs- Personal Injury

Q: My lawyers office told me they would retain 33.3% of my award plus case costs. What does case costs include and how much do they usually run?

A: In the State of New York, filing fees for a supreme court action, typical for a personal injury case are currently $305. However that is not where most of the cost comes in. The next group of costs is related to gathering up evidence, typically medical evidence. Most doctors offices are charging $ .75 per page to copy files. If the client can get these themselves they can save themselves the money rather than the lawyer requesting them. Assisting in your case by obtaining information in  your investigations is always a good idea and we encourage it here at our firm.

The greatest cost in any civil action would be expert services. This includes accident re-creation experts, forensic experts, investigators, and testimonial experts. It’s not uncommon for instance, in a medical malpractice case, for a medical expert to charge $4,000. just to review and give an opinion. Costs of $8-10,000.  per day- plus travel expenses, are common for testifying at trial, or providing even video deposition.

Those  are the most common costs that would come off the top of an award and another reason why cases settle to avoid such exorbitant costs.  You certainly want your lawyer to be well-versed in civil practice and knowledgeable about your situation. Also be advised that some firms will request that YOU pay for expert costs upfront for your case. Particularly if they believe your case is not real strong. By doing so- if you win you recoup your own costs. Most retainer agreements today state the clients must pay costs below a certain figure, say anything less than $500. These cases take anywhere between 3-5 years to settle.
A lawyer offering a quick settlement is likely not doing a proper investigation to determine the full value of your case, and just wants to get you in and out the door. Do your research, and don’t be afraid to meet with more than one attorney before you make a decision. If you feel that you may have a personal injury case and have additional questions, we invite you to give us a call at 315-701-2939  or CONTACT US ONLINE

Why is my personal injury case taking so long?

Why is my personal injury case taking so long?

Clients may, at times, feel frustrated, at the amount of time that it takes to settle a personal injury case. We find that communicating with our clients, and educating them on the process is a great assistance to them in knowing what to expect throughout their case. Each case is different. Some settle quickly, some could take years to complete.  What one should keep in mind is that once a settlement is reached or a verdict given, you can not go back later and ask for more if the injury is worse than expected. For this reason, you want your attorney to act with thoroughness rather than haste.

There are several steps in the process of a personal injury case. The Discovery period, is where each side finds out information about the others case. Lawyers from each side exchange statements of facts regarding who was involved, details of the incident, and witnesses. Establishing the full extent of injuries can also be a time consuming process. Medical experts may need time to determine the seriousness of an injury. During this time you may be asked to answer written questions under oath. Any documentation supporting your case should be supplied to your personal injury attorney at this time.

During depositions you are asked questions verbally under oath and your responses are recorded by a court reporter. Experts, as well as other witnesses may also be deposed at this time. Your attorney will be with you during the deposition. In preparation for a trial, certain Pre-trial Motions may be filed by either side. These may request that certain pieces of evidence be dismissed, and even the entire case. It does take some time for the court to respond to pre-trial motions.

Before a jury trial, settlement conferences or mediation may be scheduled in an effort to avoid a jury trial. If your case does not settle, a trial will be scheduled. Depending on how busy the court is, this could take several months as well. Some cases still settle while awaiting trial or even during the trial itself. A case may settle up until the point where a trial verdict is reached.

It’s important during the entire process that you communicate with your attorney. Any changes in your injury or medical condition should be reported right away. Same for contact information if you should move or have a change in phone number or email. If at any point you are not sure where your case stands, you should feel comfortable contacting your attorney and asking.
Do your part by providing documentation when requested and being available for appointments.

Most personal injury cases do not require an up-front retainer, they are taken on a contingency basis. Be sure you understand the fees you will be charged against your settlement and any case costs associated with your case. If you feel you may have a personal injury case and live in the State of New York, please don’t hesitate to call us at 315-701-2939 or CONTACT US ONLINE with any additional questions you may have.

What is a personal injury case?

What is a personal injury case?

Many people hear the term Personal Injury, but aren’t sure what exactly it means and how it relates to the law.  The term personal injury is when there is an injury to a persons mind, body or emotions. This differs from property damage where the damage is not to the person, but a thing, such as a home, car, or other item of worth considered one’s property. When a personal injury is the result of another person or entity’s  negligence, that person or entity is considered to be liable (responsible).

The most common types of Personal injury cases are bodily injury in the event of a motor vehicle accident. This can also involve boats, tractor trailers and other motor equipment. Dog bites, slips and falls, and even some assaults result in civil cases where there is personal injury involved.

Medical malpractice is another form of personal injury. This is the case when a person suffers personal injury due to the negligence of a medical professional while receiving care. Wrongful death is a type of personal injury when a persons negligence causes the death of another. Product liability is yet another form of a personal injury in where a products defect caused injury or harm to a person.

Most attorneys represent clients personal injury cases on a contingency basis, meaning the attorneys fees are paid based on a percentage of the amount of damages awarded. The standard percentage is 33.3% and the attorney will also recover any case costs incurred through the award. In a contingency fee case, if there is no award, the client doesn’t pay anything- the attorney absorbs the case costs.

There is a time limit on which one  has to make a claim for personal injury and these vary by state and the type of case. If you feel like you may have a personal injury case, its important that you contact a knowledgeable Personal Injury Attorney as soon as possible so that they may review your case, and if a claim is to be made, do so within a timely manner. Insurance companies will often attempt to get a person with a personal injury case to settle as quickly as possible before they contact an attorney and often times, those people may have underestimated the true value of their case without proper and experienced legal counsel. Our office reviews all personal injury cases for free, and our personal injury attorneys all work on a contingency basis. If you are in the State of New York and have further questions about Personal injury or feel you have a personal injury case, please CONTACT OUR OFFICE through our website or call our office at 315-701-2939

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

What is Burden of Proof?

Syracuse NY Criminal Attorney David ZukherCivil v Criminal- Burden of Proof?

What is the difference between a civil case and a criminal case?  In general, a civil case is designed to settle disputes between private parties. A criminal case seeks to take action against an individual for commission of a criminal offense on behalf of society.  Criminal cases are brought on behalf of The People of the State or The People of the United States (in cases of a federal jurisdiction) Civil cases are between two private parties, individuals, corporations or government entities. Continue reading

How to Help Your Personal Injury Case

How to help your Personal Injury Case

Syracuse NY Criminal Attorney David ZukherWe know that you thought that once you signed the retainer agreement your work was done. Well that’s true in a way. The first good move in ensuring the best possible outcome for your case is hiring an experienced personal injury attorney, but ongoing teamwork throughout the case between you and your law firm is key in achieving both the best possible outcome for you and doing so in the most expeditious way. Some ways that you can do your part:

1. Keep good records. It’s important in Civil cases to establish time lines of events and treatment, as well as expenses incurred. Keep a ledger for yourself of any event or expense that pertains to your case. Ex: 1/29/13 Appointment w Dr. Smith $20. co-pay, $5. parking / 3 hours missed work. This is important for several reasons. First, It keeps an automatic timeline for you of which physicians you visited and when. Later on in the case, when medical records are being requested and a history of your treatment is being presented, it will be easy for you to communicate with your attorney so they can present a clear and concise treatment history. Also, some of your out of pocket expenses or missed time from work may be recoverable to you depending on the case.

2. Communicate with your attorney often. Personal injury cases can be long processes (for more information on why, see our related article “Why is my personal injury case taking so long?”). It may take quite some time to establish the exact extent of your injuries, for your attorneys to communicate with and request documents from providers, insurance companies, and other attorneys. Time is given to each side to ask and answer questions posed by the other side, and exchange evidence. During this time period, it’s good to maintain communication with your lawyer and perfectly acceptable to call and ask for an update if you haven’t heard from them in awhile.

You should contact your attorney whenever there has been a significant change in the treatment of your injury, you will be seeing a new medical provider, there is a change in insurance, or there is any additional incidents or injuries.

3. Get the names and addresses of every provider you see, and write down as much information as possible that may be relevant to your case. The location of the incident, any witnesses involved, and any particular information that you may feel is relevant.

A few small steps on your part can make a huge difference in the way your case progresses. If you feel you may have a personal injury case and live in the State of New York, please don’t hesitate to contact us with any additional questions you may have.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.