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Answers to our frequently asked questions.
At Isaacson, Schiowitz & Korson, LLP, we care about making you feel comfortable and answering any questions you may have in relation to your case. Please see below for a list of some of the most frequently asked questions on personal injury, medical malpractice, nursing home negligence, products liability and wrongful death. Do you have a question not listed below? Contact us [link to Contact Us] and we’ll be happy to answer it for you.
- Do I need to speak with a New York Accident Attorney if I am involved in an accident?
- Why is it not in my best interest to corporate with an insurance representative who represents my adversary?
- How strong is my case?
- What if an accident was partially my fault?
- If a member of my family was killed in an accident, do I have a right to recover money damages?
- My friend knows a lawyer who drafted a will for him several years ago. Should that lawyer represent me in my personal injury lawsuit?
- I’m not the “suing” type. Is there any way my claim can be resolved without actually filing a lawsuit?
It is imperative to speak to an attorney as soon as possible to learn of your rights and see that they are protected. There are many deadlines for the various personal injury claims we handle. It is essential that you speak to a New York accident attorney before your time runs out. In addition to deadlines, with each passing day important evidence may disappear, investigation becomes more difficult and costly and memories of crucial information and details fade.
WHY IS IT NOT IN MY BEST INTEREST TO COOPERATE WITH AN INSURANCE REPRESENTATIVE WHO REPRESENTS MY ADVERSARY?
An insurance adjustor is seeking to protect the interests of the party they insure and their insurance company. This means to eliminate or reduce the possibility of paying any money to you, or to obtain your signature on a release, and pay you far less than the amount you should receive. Their job is to help their employer and the person they represent who caused your injury; their job is not to help you. You should have an experienced New York accident attorney working to protect your rights. You should never give a written or recorded statement to an investigator or claims adjustor for an insurance company representing your adversary without first consulting with an attorney. Additionally, never sign or fill out any papers sent to you by an insurance company without the advice of a NY accident attorney.
There are many factors that enter into the evaluation of your personal injury or medical malpractice claim. However, three things are needed to have a good personal injury or medical malpractice lawsuit: Liability, Damages and Collectability. Liability means that something has been done or failed to have been done that caused harm to you. Damage is the harm and the extent of it. It includes the severity of your injury, how long you may be disabled, the nature and extent of your treatment, and the permanency of your injuries. Generally, by filing a personal injury claim or a medical malpractice suit a NY accident attorney can help you recover lost income, medical expenses, loss of services to a spouse, personal property damages, compensation for pain and suffering, and sometimes, in a severe situation, punitive damages that you may be entitled to. Lastly, a strong case requires a company or individual with financial resources that are sufficient to pay you for harm done. Often, neither the parties who may be legally responsible for your damages, nor their financial resources, are obvious. That is one more reason to speak to an experienced NY accident attorney who is best able to determine which people or companies may compensate you. To take proper action, you need to be informed about your legal options.
In New York, compensation is still available for persons whose injuries were caused in part by their own doing. This is known as “comparative negligence,” which means that your compensation will be determined by comparing your negligence to that of the defendant and reduced by the extent to which you were responsible. You may still benefit from working with experienced slip and fall attorneys or depending upon the type of accident a general New York accident attorney.
When death occurs as a result of an accident, the surviving spouse or family member has the right to represent the estate of the victim and bring an action for the victim’s pain and suffering and loss of life with the help of a NY accident attorney. The extent of the damages will depend upon the duration of any period of survival and the extent to which the victim would have contributed to the financial benefit of their estate. It could also include the value of any services they would have performed for the family members who survived and benefited from them. Their income when living would be just one factor in determining that value. Consult a New York accident attorney at Isaacson, Schiowitz & Korson, LLP for more information.
MY FRIEND KNOWS A LAWYER WHO DRAFTED A WILL FOR HIM SEVERAL YEARS AGO. SHOULD THAT LAWYER REPRESENT ME IN MY PERSONAL INJURY LAWSUIT?
Personal injury claims are often brought against parties who are represented by adjustors and defense attorneys hired by insurance companies. These insurance companies work hard to keep its losses as low as possible, and they do that by aggressively defending claims. You can expect that your opposition will be represented by slip and fall attorneys or an NY accident attorney with a great deal of experience in personal injury defense. Therefore, you should hire a New York accident attorney with extensive experience in pursuing personal injury claims, who specializes in that area of the law and can best protect your interests.
I’M NOT THE “SUING” TYPE. IS THERE ANY WAY MY CLAIM CAN BE RESOLVED WITHOUT ACTUALLY FILING A LAWSUIT?
You should know that the vast majority of personal injury claims, slip and fall claims and medical malpractice claims are resolved before a jury reaches a verdict at trial. Many cases are settled even before filing a lawsuit. The ultimate decision about whether to file a lawsuit at all is the client’s. At Isaacson, Schiowitz & Korson, LLP, our slip and fall attorneys and NY accident attorneys are committed to helping our clients reach a satisfactory conclusion to their claim, whether by a lawsuit and trial, or by some alternative means. Our New York accident attorneys, personal injury attorneys and medical malpractice attorneys are experienced in alternative dispute resolution procedures, such as mediation and arbitration. These procedures can serve to avoid the need to file a lawsuit altogether or can be used after and while a lawsuit has begun. In all cases, we take the time to explain to our clients the alternatives available, including the risks and advantages of each, so that our clients can make an informed decision that is best for their individual circumstances and financial benefit.