You have questions. We have the answers you are looking for!
At Dansker & Aspromonte Associates, we are dedicated to helping all New York metropolitan area residents win their fair compensation after a serious accident of any type. Whether you have been injured in an automobile accident, your child injured from supervision negligence, or you have experience a medical injury, we have the experience and what it takes to get you compensation for the damages you deserve. You should not have to suffer physically and financially from an accident that is not your fault.
You may not know where to start, have many questions running through your head about personal injury law and how to move forward to receive the fair compensation you deserve. Our firm is here to provide you answers to those questions and help get you on your way alleviating the financial burdens and pain and suffering associated with personal injury from someone’s negligence.
An insurance company’s legal team’s job, is to fight for the insurance company and save them money. It is in the insurance company’s best interest to settle quickly. The faster they can get an accident victim to accept a settlement, the more money they save their client. Receiving a settlement offer quickly means someone associated with the insurance company is doing their job, and doing it well.
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Who do you trust?
Below are some frequently asked questions that will help answer some of the questions you may already have.
A personal injury lawyer is a lawyer who provides an injured victim legal representation. These injuries are defined as physical, psychological, a result from negligence, and the wrongdoing of another party, a government agency, company or other entity. Personal injury lawyers often have extensive knowledge and experience in tort law; injuries that happen as a direct result from the negligent actions of another. The list of possible causes of injuries from torts is broad; for example a slip and fall, a negligent medical procedure, a car accident, toxic chemical poisoning, a malfunctioning product, etc.
Personal injury lawyers are licensed to practice in any law field, but generally specialize in tort laws. At Dansker & Aspromonte Associates, personal injury and medical malpractice is all we do; these are the only two areas of law we practice in, have practiced in, and the only two we will ever practice in. As trial lawyers, we know our business.
What does a personal injury lawyer do?
The law empowers injured victims to recover damages negligently caused by others. Some of the broadest circumstances falling under personal injury a victim can attempt to recover in court for are mental, physical, accidental, intentional or non-intentional property damage, reputational or due to negligence by a company, another person or government agency. These all fall under the tort law, injuries that occur when a wrongful act has occurred causing harm to an individual by no fault of their own. For example, slipping on a wet floor in an office building where injury to the victim occurs. The laws allows suing to recover monetary damages in civil court for the negligence by the “office building”.
Time can be very limited to file a claim, so it is important to act swiftly. A personal injury lawyer can help investigate the basis of a claim and ensure it is filed timely, enabling the victim to recover for any, and all damages suffered as a result of the negligence of another.
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Do I need a personal injury lawyer?
Personal injuries can occur in many different ways; a robbery or theft, road accident, medical malpractice, or damages incurred due to hazardous work conditions. Damages can go beyond the normal physical wounds and can affect physical capabilities and/or appearance for an extended time, even permanently and job loss could happen. It can be difficult to determine “the value” of such injuries. A personal injury lawyer can help you place a fair value on what you deserve to compensate for medical bills, lost wages, pain and suffering and recovery time.
How to find a personal injury lawyer?
If an accident has happened and you have been seriously injured, or if the other side is being combative or antagonistic right from the start you may want to have an experienced personal injury attorney handle your case. You should not trust just any attorney for the help you need; seek out someone with proven experience in your type of personal injury claim. Meet and discuss your case before making a decision to hire.
Find Experienced Lawyers –
There are many ways to get referrals of experienced, expert plaintiff’s personal injury lawyers. Get several referrals, and once you have the names do your homework and comparison-shop. Meet with each lawyer to discuss your claim and ask a lot of questions and be sure you are confident with their answers before hiring one. Something to keep in mind is many lawyers will not take a case if it falls below a specific potential recovery amount, of if the claim is not a clear-cut case.
Where to look for referrals can be a daunting task, but it is possible to get good references. Ask people you know and trust, read online reviews and do some research. Being diligent in your search and choose wisely. You want a lawyer with specific expertise in personal injury law and the experience to back it up.
Friends and Acquaintances –
Speak with friends and coworkers who have had their own personal injury claims and get the names of their lawyers.
Nolo’s Lawyer Directory –
Nolo offers two resources to find a lawyer. You can enter case details in their “Talk to a Personal Injury Lawyer” feature and local attorneys will contact you.
You will also find a unique lawyer directory providing an extensive profile for each vetted lawyer, along with helpful information in selecting the right lawyer. It provides their education, law practicing philosophy, experience and fees. Each listed attorney has a valid license and is in good standing with the bar association.
Ask Lawyers –
Another good resource for referrals is to ask lawyers you know. It is common practice for lawyers to network and refer cases to each other; there is a good chance one you are familiar with will know those that handle a plaintiff’s personal injury case.
Referral Services –
Most likely your local bar association has a referral service that has a listing of lawyer names available. Keep in mind the quality of lawyer referral services varies, and finding out the specific criteria used to determine a lawyer’s qualifications to be a part of their referral service is important.
Something to note, when using a lawyer referral service the lawyer’s law practicing philosophy, his style of representation – aggressive or passive personalities – may not be apparent.
How to choose a personal injury lawyer?
Filing a personal injury lawsuit has a statute of limitations. Filing within this time limit (normally 1 – 6 years), is incredibly important. A victim not filing within the restrict timeframe loses all rights for any future claim for injuries. Knowing where to look or how to find a personal injury lawyer can be overwhelming, and may be a little scary when it comes to being sure you hire one with experience. Where do you start?
Personal injury lawyers are different from other attorneys practicing in different areas of the law, having specific experience and expertise in law. If you have incurred injuries due to someone’s wrongful acts, or you have allegedly injured someone, you want an attorney who knows personal injury law and can handle your case successfully. Expert personal injury lawyers often have experience in:
- Tried cases in a court of law
- Medical diagnoses and the processes related with personal injuries
- Negligence law and other tors – strong and in depth understanding
Get the Facts –
Knowing what makes a lawyer a good lawyer is important. You will want to know their specialization, reputation (ask for referrals), years in practice, disciplinary record, trial experience and winning record.
Choosing the Lawyer –
To determine if a lawyer is right for you, meet to discuss your case and conduct an interview before making a decision. You are hiring him or her to represent your case; you should feel confident the best possible job will be done on your behalf. The majority of the time the initial consultation is at no charge. If the attorney has a fee to sit and discuss whether he or she will take your case, go elsewhere. Be sure to bring copies of all case related documents collected: medical records, bills, income loss information, the police report and all correspondence and information related to the insurance company.
Questions You Want Answers To
- How long has the lawyer been practicing personal injury law?
- Which are represented most often, plaintiffs or defendants? This could help to determine which way the lawyer leans toward. For instance, if the percentage of defendant cases is higher than that of their plaintiffs cases, their mindset could be too closely related to an insurance company’s views. This could result in the law office not fighting as hard for your claim, consciously or unconsciously as they should.
- Will the lawyer you are meeting with be the one to handle your case, or will it be passed to a lesser-experienced lawyer in the firm?
- What percentage of total office cases involves personal injury cases compare to all other cases?
What percentage does a personal injury lawyer take?
Attorney fees can be substantial –
often more than most can afford – and most New York City personal injury lawyers, if not all work on a “contingency fee” basis. Meaning you do not pay any upfront fees or on an hourly basis and payment is contingent on the recovery for injuries and only paid when the case is settled. The lawyer agrees to take set a percentage from the recovery after deducting the fees and disbursements – costs incurred by the lawyer as the case proceeds.
Once you have signed a retainer agreement –
contract between you and the lawyer – the lawyer is hired and begins work on your case. The agreement spells out the lawyer’s responsibilities representing you and the what you are expected to do, along with the contingency fee details and expenses you agree to pay, including any costs incurred by the lawyer during his representation of your case.
Can I fire my personal injury lawyer?
In a word, yes. You can fire your personal injury lawyer at any time despite a signed contingency fee contract. Owing him or her money for services depends on the reasons for the firing and could be based on quantum meruit – how much is merited for services rendered – instead of the contingency fee. Firing without good cause – no grounds for a complaint – can cause the amount owed to range from a small expense up to the entire percentage agreed upon in the contingency fee contract, depending on the litigation point. Hiring a new attorney could mean you pay double attorney fees, so it is best to not fire your lawyer if you can avoid it.
However, firing a lawyer with good cause – for instance a serious ethics violation(s) – could be sufficient grounds to deny payment to the fired lawyer in all jurisdictions. For example, if a lawyer is representing both the plaintiff and the defendant; this is a serious conflict of interest. Other good cause reasons, but not limited to are, if your lawyer asks you to lie, commit perjury or defraud your medical claim by lying to your medical insurance carrier in reference to the your injuries related to the case. These may be acceptable grounds to withhold payment from the attorney.
Before you make any decision after you have been seriously injured by the wrongful actions of another, the best action for you is, do not accept an insurance settlement before speaking with a qualified, experienced personal injury lawyer. Contact Dansker & Aspromonte to find out what your rights are and see what we can do to help. Put us to work and let us start doing what we do best. Doing a good job for you.