Injury law is the collection of compensation in civil law for damages caused by another party. These damages can include compensatory damages for economic losses, punitive damages to punish exception recklessness on the part of the injuring party or non-economic losses, including pain and suffering. A NY injury lawyer will be able to assess your claim and determine if you are eligible for damages from the other party. NY injury lawyers will work on contingency and bring your case through settlement and even as far as trial, if necessary.
What is tort reform and how might it affect my case?
Unlike other states, there are no caps on the damages an individual may recover from a negligent party. The statute of limitations for filing an injury case is 2 years and six months after the action or discovery of harm arising from the action. The “discovery rule,” or the legal concept where the harm is discovered at a time later than the actual event, is only in effect for a year upon discovering the harm. Therefore, if you were a victim of medical malpractice because they doctor left a foreign object in your body, you have an addition year upon discovering the object to file a malpractice injury lawsuit. A NY injury lawyer will be up to date on developments in tort reform and will be able to keep you informed on current and possible future limitations constraining your case.
What should I bring when meeting with the NY injury lawyer?
You must note any injuries and medical care you had to seek as well as any statements you have made to the police. This will help the NY injury lawyer to shape the case and prepare an acceptable claim to be filed in civil court. The NY injury lawyer will need to prove the correlation between your injury and the actions of the negligent party. Remember that you will only be able to sue for damages if you have suffered an actual injury, rather than anticipating that an injury will occur in the future.
For motor vehicle accident cases, you should never flee the scene of an accident. This is illegal and a possible admission of guilt. Never admit liability. You will never know the full details of an accident at the time and you may actually not be at fault. Admitting fault will make you liable for damages from the other party and there is very little the New York auto accident lawyer can do beyond this point to limit damages.
How do I know my NY injury lawyer is legitimate?
While there is no mandatory membership bar association, there are a number of state and county bar associations that NY injury lawyers may be a part of. You should check with these bar associations to find a reliable NY injury lawyer that adheres to that organization’s standards of conduct and ethics. This is the best way to find a legitimate lawyer.
Members of the voluntary New York State Bar Association are subject to these high professional and ethical standards. This Bar Association maintains a low cost lawyer referral service that will even waive the typical referral fee of $35 for injury cases, reflecting the likely contingency arrangement. New York City will have its own referral service – the Legal Referral Service, which has rates comparable to the state organization.
Does comparative negligence affect my case?
New York is a state with comparative negligence laws that reduce awards by a factor of how negligent the plaintiff was in the actions that caused the personal injury. However, the claimant’s negligence will not bar the actual recovery of damages altogether. New York does not cap the amount of damages that will be recoverable from personal injury cases.
What are the typical rates of a NY injury lawyer?
The state of New York limits injury lawyers from collecting:
– 30 percent of the first $250,000
– 25 percent of the next $250,000
– 20 percent of the next $500,000
– 15 percent of the next $250,000
– 10 percent of any amount over $1,250,000
Also, keep in mind that claims over $250,000 will be paid in installments no longer than ten years from the award. This represents a debt that must be paid by the liable party and this debt cannot be discharged.
With this in mind, a NY injury lawyer that works on contingency is the best option for your case. Contingency arrangements minimize the costs to the clients and often will cost the client very little if the case is lost. Many lawyer referral services will also allow for free consultations for personal injury cases.
While even in contingency arrangements, there are court and other fees to be paid. A contingency arrangement is preferable to a retainer arrangement, especially if your case will take a while to be resolved. Many injury cases can last a significant amount of time depending on if the other party intends to dispute your claim. You will want a contingency agreement, which will help you avoid costly hourly fees or an uncontrollable retainer account.
Depending on the arrangement, the NY injury lawyer will have a greater incentive to end the case quickly, yet maximize the damages paid so the contingency fee will be higher.
Take advantage of free consultations when they are available to discuss potential fees and payment arrangements with New York lawyers. You may be able to arrange low cost and extended payment for legal services at the discretion of the attorney or law firm.
What are questions to ask NY injury lawyer?
How does my case relate to New York State and local laws?
What are your fees and do you have alternate payment plans?
Are you an active member, in good standing, of the New York State Bar Association?
What roles do you play as a member?
Can I please have all fees in writing?
Have there been recent developments in tort reform that will place limitations on my case?
Can you refer me to another lawyer if you are unable to take my case?
Can you estimate the percentage of my negligent actions will affect the damages collected in this case?
What are my chances of winning a settlement or at trial?
Do you believe we should accept a settlement, or should we go to trial?
Any time you have been injured due to the negligent actions of another, an injury lawyer NY can assist you in filing a claim and seek compensatory damages. With the aid of injury lawyers in NY, you may also seek non-economic damages and if you make a compelling enough case, the court may even award punitive damages. There are no current limitations on the amount of damages that can be awarded, although there are limitations on injury lawyers NY for the percentage they may collect on damage awards. This prevents excessive billing and safeguards the client from exploitive arrangements. Still, if you feel your injury lawyer NY has acted inappropriately or is overbilling you, you must contact the relevant state or local bar association who will investigate your complaint and take the necessary punitive actions.