A personal injury lawyer specializes in filing claims for damages to personal property and bodily harm. You will be able to file not only for the monetary value of the actual damages, but also damages for pain and suffering, although this is always subject to state laws defining civil torts. Personal injury law will cover a number of different scenarios and all that is needed for the New York Personal Injury Lawyer will be to prove liability on the part of the other party in the lawsuit and correlate your injuries with the negligent actions of the other party.
What is the difference between “injury” and “personal injury”?
Although the distinction between these terms are often blurred, personal injury usually refers to a broad range of harm done to another which includes mental and emotional suffering in addition to bodily injuries. When one refers to an injury lawyer, this is usually a lawyer that focuses on accident liability, with cases that relate to claims based on injury along. Some lawyers use these terms interchangeably, and indeed many injury cases will eventually add personal injury claims to maximize the potential damages from the liable party.
What is tort reform and how might it affect my case?
Many other states have capped damages that would be won in personal injury cases. That was almost the case in New York State before the idea was scrapped by the governor. Instead, the statute of limitations for filing personal injury has been decreased to 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 only year upon discovering the object to file a malpractice personal injury lawsuit. A New York Personal 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 New York personal injury lawyer?
You must bring relevant items such as police, medical and insurance documents related to the injury to the appointment. These documents will help the New York Personal injury lawyer determine if the other party is indeed liable and if this liability can be proven in court. The 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.
How do I know my New York personal injury lawyer is legitimate?
Members of the voluntary New York State Bar Association are subject to 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 personal injury cases. Membership in the state bar association is generally a strong indicator that the lawyer has been vetted and may practice law in New York. Regarding lawyer referral service, only local bar associations maintain this service, which is regulated by the New York Supreme Court. Depending on your location, you will have to contact the bar association that works within that country for a referral. You can locate a lawyer based on the county they are located in through these local services.
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 New York personal injury lawyer?
The state of New York limits personal 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 New York personal 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 personal 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 New York personal injury lawyer will have a greater incentive to end the case quickly, yet maximize the damages paid so the contingency fee will be higher. Ensure that the lawyer is incentivized by a percentage rather than flat fee. A flat fee provides no incentive for the New York personal injury lawyer to maximize the damages won.
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 New York injury lawyers?
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?
When suffering a personal injury, a lawyer in NY can assist you with filing a claim against the liable party. Due to the change nature of personal injury law, a personal injury lawyer will be abreast of the latest developments in New York law. A free consultation with a personal injury lawyer NY will help you determine your share of negligence in the claim and potential weaknesses that could jeopardize the case. The personal injury lawyer NY will also be able to advise you on if you should accept a settlement or proceed with a trial. Contingency arrangements are important when dealing with personal injury lawyers in NY to keep the costs of your case down. These lawyers are also limited by law in the percentage of the jury award they may claim. When choosing a contingency arrangement with personal injury lawyers in NY you have the assurance of protections from excessive fees by the relevant Bar Associations as well as New York state laws. Always ask an abundance of questions when consulting with a personal injury lawyer in NY, to understand your case better.