Frequently Asked Questions

How is my Lawyer paid? I cannot afford a lawyer.
Personal injury attorneys work on a contingency basis. The lawyer gets paid a portion of the money collected for you. Thus, the lawyer gets paid when they win your case.

In most cases, the lawyers fee is one-third (33 1/3%) of the total settlement or judgment. The fee for medical malpractice cases is based on a sliding scale as mandated by the state of New York.

How long do I have to bring a case?
You must file your case within the Statute of Limitations, a fixed period of time dictated by the law. In many injury cases you are required to bring your case within three years from the date of the accident. For an explanation of these time limits, always consult with a lawyer experienced in these matters. Statutes of limitations may be extended in certain situations such as when an injured person is an infant. Other statutes of limitations are very short, such as a claim against a municipality must normally be made within 90 days of the date of the injury.

Can I change my lawyer?

You have the right to change lawyers, however your old attorney will usually be entitled to payment for services rendered up to the time of dismissal. The lawyer will be paid from the fee earned at the conclusion of the case. Your new lawyer will usually work out an arrangement whereby the fee is split between the two lawyers.

Should I get a second opinion if an attorney thinks I do not have a case?
Yes. Different lawyers will see a potential case differently. Some lawyers may not be familiar with the type of case you have or your case is not "large enough" for the firm you have contacted. If your case is rejected it is always a good idea to seek a second opinion.

I was injured but may have been partly at fault. Can I still sue?
Yes. New York's comparative negligence rules, you may still have a case even though you were partly at fault in the accident. These cases are very fact specific and you should consult with a lawyer.

How much is my case worth?
Predicting the outcome of any case is almost impossible. There are many factors which can affect the value of a case. Your attorney can only give you a very general idea of the value of your case based on prior similar injuries, but usually cannot predict a specific recovery. Reputable attorneys will not speculate on the value of a case.

An Insurance adjuster wants to settle and says I do not need lawyer. Should I get one?
Remember who the adjuster works for: an insurance company. They have one goal: to settle your case for least amount of money possible. What may seem like a fair offer to you could fall far short of any amount of money settled through a lawyer. It is a good idea to consult with a lawyer before accepting any offer made to you by an insurance company.