Frequently Ask Questions -Personal Injury Law
Eisenberg & Kirsch 25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• The law regarding statutes of limitations are complex and can depend upon not only who the defendant is but the circumstances under which the personal injury was sustained.
How much time do I have after an accident to commence a lawsuit?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• The length of the statute of
limitations can also depend
upon whether or not the injured
person was a minor.
• As a general proposition,
intentional torts, such as assault,
false imprisonment, malicious
prosecution, or libel and slander
have a one-year statute of
limitations.
How much time do I have after an accident to commence a lawsuit?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• If Eisenberg & Kirsch takes
your case, you will not be
responsible for any court costs
or fees of any kind associated
with the development and
prosecution of your case unless
we are successful in recovering
on your behalf.
Will I be responsible for any costs or fees if Eisenberg & Kirsch takes my case?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• Under those circumstances,
those costs and fees are
deducted from the gross
proceeds of the settlement or
jury verdict, and returned to the
firm.
Will I be responsible for any costs or fees if Eisenberg & Kirsch takes my case?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• There are two parts to every
personal injury case. The first
part has to do with where the
fault of the happening of the
accident lies.
How do I know if I have a case?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• Generally speaking, if the
accident was predominantly the
fault of someone other than the
plaintiff, and there are
significant personal injuries
associated with the accident,
then the chances are pretty good
that you have a case.
How do I know if I have a case?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• Statistically, ninety to ninety-
five percent of all personal
injury cases settle.
What are the chances that my case will settle?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• At Eisenberg & Kirsch, if we
take your case, we develop and
prepare the case as if it is going
to be tried so that if it does not
or cannot settle, then we are
fully prepared to go to court on
your behalf.
What are the chances that my case will settle?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• The evaluation of any personal injury matter can only be done on a case-by-case basis, and depends on many factors. These factors include the nature and extent of the injuries sustained by a client, where the fault for the happening of the accident lies and whether or not there are any provable lost future earnings associated with a client's injury.
What is my case worth?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• The nature and extent of available liability insurance is also a significant and often times limiting factor in what the maximum amount of any recovery could be because satisfying an excess judgment against the personal assets of a defendant can be extremely difficult.
What is my case worth?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• In preparing for your initial consultation with your attorney, you should attempt to put together as many records that you have pertaining to your accident.
What should I bring with me when I meet my lawyer?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• During an initial consultation, your attorney will take a history from you to determine that circumstances under which you have been injured and the nature of the medical care that you have received as a result of your accident.
What can I expect during my initial consultation?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• As part of the history taking process, your attorney will determine whether you have had any previous or subsequent accidents or injuries that could effect the extent to which your current injuries may have been aggravated by your recent accident.
What can I expect during my initial consultation?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• Because medical records are privileged, you will be asked to sign medical authorizations permitting your attorney to gather the medical records, which document your course of treatment, and may also ask you to sign an employment authorization so that your work records can be obtained where appropriate.
What can I expect during my initial consultation?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• During the initial consultation, there will be no discussion concerning what your case may be worth because such a discussion at the earliest point in a client's matter is premature.
What can I expect during my initial consultation?
www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]
• One of the most important jobs of your attorney is to conduct a prompt investigation.• Your attorney's ability to conduct a thorough investigation of the circumstances giving rise to an injury can be greatly hampered if a client chooses to not seek an attorney promptly.
How soon after an accident should I contact a lawyer?
Eisenberg & Kirsch
25 Darbee Lane Liberty, NY 12754-1833
Phone: (845) 796-9909Email: [email protected]
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