Most attorneys will front most of the cost of the case upfront. Some attorneys may ask for filing fees to be paid in advance, but generally, the attorney will front the cost of expert witnesses, copying fees and the like. If the case is lost, the attorney generally does not seek reimbursement from his client. Generally speaking, attorneys won’t front the cost of the case unless he feels the case is a winnable case. If the attorney is successful in receiving compensation for his client, the costs expended are reimbursed to the attorney upon the collection of the attorney fees.

Less complex cases generally have a lower percentage fee, while more complex cases will have a higher percentage fee. Most attorneys will offer a no obligation and no fee consultation so that both the client and the attorney can have a better understanding of the case, the circumstances surrounding the case, and how much the attorney can expect to recover. Of course, it’s important to keep in mind that there are never any guarantees, even if the case seems winnable, the court may see things differently.

The attorney agrees to accept a fixed percentage of any compensation recovered when establishing a contingent fee arrangement with his client. If the client wins the case, the attorney’s fees come out of the monies awarded to the client. If the attorney loses, neither the client nor the attorney receives any money, and the client is not expected to pay his lawyer for the work done on the case.

The statute of limitations isn’t the only reason you should act quickly when beginning your personal injury case. The first few days after your accident can be crucial for gathering the information and evidence you need to support your case.

In order to support your side of the story, you will need pictures of the accident scene, the damage that was done during the accident, and the damage to your property that the accident caused. You will also need to speak with witnesses of the accident to get their testimonial and perspective.

If you let too much time pass, the area that the accident occurred may be cleaned, repaired, or wiped away, witnesses will become difficult to track down and the evidence you need could be hard to come by.

The sooner you talk with a personal injury attorney, the sooner you can begin working on your case. Your personal injury attorney will help you determine what time sensitive information you need to gather before you can no longer collect it.

Beginning your case early will also give you and your personal injury team some breathing room. If you wait until near the end of your statute of limitations, you may need to rush through the procedures to ensure you’re meeting your deadlines. This can hurt your chances of presenting the best possible case for your situation.

The sooner you begin building your case, the better chance you have at winning. To properly gather the right information, evidence, and support for your claim – and to ensure you don’t go outside the restrictions of the statute of limitations – at least begin considering what you would need to file your lawsuit.

Negligence is when one party’s careless actions result in an injury to another party. If a court determines that a party was negligent, then that party may be liable for any damages the injured party incurred as a result. The negligent party could be an individual, a business, or an organization.

There are four essential factors that play a role in negligence cases.

Duty

The first part of a negligence case is determining if the defendant had a legal duty of care towards the plaintiff. This legal duty may or may not be the result of a relationship between the two parties.

One common example of negligence that typically requires a relationship between the two parties is medical negligence. The law requires doctors and nurses to competently care for their patients. If a doctor were to ignore a patient’s symptoms and the patient became ill or injured because of that, the doctor could be held liable, as the patient entrusted their care to that doctor. If the patient’s friend ignored their symptoms, their friend wouldn’t be liable, because they don’t have that duty of care.

Car accidents are a common situation that doesn’t require a relationship for one party to be found negligent. If one driver is using the phone while driving and rear ends another, they are negligent, because the law requires them to drive safely and focus on the road.

Breach of Duty

After finding that the defendant had a legal duty towards the plaintiff, the next step is figuring out if they breached that duty. The law determines this by comparing the defendant’s actions to those of a legal standard called a reasonably prudent person, which refers to how the average, responsible adult would have handled the situation.

Going back to the car accident example above, the court would likely determine that the driver who caused the accident had breached their duty, because a responsible adult wouldn’t allow their phone to distract them while operating a vehicle.

Cause

It’s not enough that the defendant breached their legal duty to the plaintiff. That breach of duty also must have directly caused the damages. Requiring cause ensures that people aren’t punished simply for acting negligently. For example, if that driver who was using their phone was in the other lane and not involved in the accident, it wouldn’t make sense to blame them only because they were acting negligently.

Cause also takes into account if the situation was foreseeable for the defendant. If the situation occurred because of a completely unexpected act of nature, the court may not hold the defendant liable even if that party was negligent.

Damages

If the plaintiff is able to prove that the defendant had a legal duty, breached that duty, and caused damages, then the final step is for the court to determine the amount of those damages and compensate the plaintiff accordingly. The plaintiff provides documentation of damages that they allege were the result of the defendant’s negligence. Damages may include property damage, medical bills, and lost wages (if the plaintiff missed work because of the accident).

Negligence damages can add up quickly, as one case may have multiple types of damages. Consider a car accident where one driver is negligent and a serious injury occurs. The injured party may file a lawsuit for the damage to their car, medical expenses including an ambulance ride and hospital costs, and all the lost wages from being injured and unable to work. Negligence judgements can easily exceed tens of thousands of dollars, which is why it’s so important to protect yourself by having the proper insurance. The most common types of insurance that cover negligent actions are auto insurance for drivers, home owner’s insurance for home owners, and liability insurance for businesses.

It can be scary to be injured. You are hurt, you are frightened, and you don’t know what to do next. One thing that you’ve probably been told over and over again, though, is that you should probably talk to a lawyer. You’ve also been told, though, that talking to a lawyer is expensive. The timing in these cases is often important, so it is a good idea to know when you should talk to a lawyer. Fortunately, there are a few situations in which talking a lawyer isn’t just helpful, but in which it can make a huge difference in your future.

Immediately After an Injury

The best time to talk to a New York personal injury attorney is immediately after you are injured. Personal injury cases are very time-sensitive matters and evidence will begin to disappear the moment after the accident occurs. Even if you don’t know if you want to bring a case – or even if a there’s a possibility of a case at all. If you want to make sure that your issues are handled in a timely manner, it’s always a better idea to talk to an attorney sooner rather than later.

As a related note, there’s nothing wrong with talking to a lawyer quickly. It doesn’t make you look greedy or guilty – it just makes you look intelligent. People who care about their future are the people who talk to a lawyer soon. He or she may not even advise you to move forward with a case, but it’s better to find this out as quickly as possible.

When You Have Questions

Even if you have absolutely no desire to ever bring any kind of case, it’s a good idea to talk to a lawyer if you have any questions. If you wonder how you should deal with insurance, what you should say to the other party or even if it’s safe to post details on social media, it’s better to get advice fro a lawyer than from strangers. While your friends and family might have very good intentions, they don’t have the information necessary to give you advice.

It’s also good to talk to a personal injury lawyer because you might be out of your depth when you are dealing with things on your own. While working with a lawyer might cost you money, it’s nowhere near as constantly as the mistakes you can make when you handle your problems on your own. It’s always a good idea to talk a lawyer if you have any kind of legal question.

If There’s a Negotiation

You might want to avoid going to court by negotiating with the other party, their insurance, or even your own insurance company. This is a great way to get through the process without things getting overly adversarial and a fantastic way to save everyone time and money. It’s also a situation in which you are going to need a lawyer’s advice, because it’s a given that the insurance company will show up with legal representation. When you are going through a negotiation, you owe it to yourself to be at least as prepared as the other party.

Be careful during negotiations, especially if the other side says they want to keep lawyers out of this. They are under no obligation to avoid a lawyer, and neither are you. If you want to be prepared for your negotiations, it’s a good idea to talk to a lawyer to at least get a bit of advice.

If You Just Want Help

The most important time to talk to a personal injury lawyer in NYC, though, is when you just want help. You might feel overwhelmed or that you don’t know what to do next. You might be panicking or on the verge of making a bad decision. If you want help, you should go to a person who is trained to provide you with legal aid. You don’t have to commit to anything, but it’s a great idea for you to get the advice you need.

Good lawyers are always there to help you with your personal injury case. A lawyer’s job is to represent his or her client zealously, and no lawyer is going to take your case if he or she think he or she cannot help you. If you are at the point where you need a lawyer’s help, the best move you can make is to go ahead and make an appointment.

There’s never a bad time to talk to a lawyer after an injury. Whether you want to bring a case, are thinking about negotiating or if you just need some advice, a lawyer can help you. The worst mistake you can make is to wait to long, so talk to a lawyer as soon as you think that you might need a bit of help.

In a personal injury case, an attorney questions a party in the case while a court reporter keeps a record of the entire conversation. The opposing attorney asks the questions. Either attorney can deposition witnesses to the accident.

Depositions usually take place during the lawsuit’s discovery phase, which is after the plaintiff files the lawsuit but before it actually goes to trial. While an attorney can hold a deposition anywhere, the most common locations are at the attorney’s office or at the court reporter’s office. The attorney who is holding the deposition has to provide a reasonable amount of notice to the other parties involved. An attorney is able to depose any party that has knowledge relating to the lawsuit, but people who are deposed don’t always appear. If an attorney wants to depose someone and that person won’t voluntarily appear, then the attorney must subpoena them.

How you are questioned in a deposition is much different than how you are questioned in court. In court, your own attorney would ask you questions first in what’s known as direct examination. Then, the opposing attorney would ask you questions in what’s known as cross examination. In the deposition, the opposing attorney is the only one to question you.

The opposing attorney typically starts the deposition by explaining a few general rules to you, including that you’re under oath, that your answers are being recorded by the court reporter, and that you must answer out loud, since the reporter isn’t allowed to record nods or gestures. They may also tell you that although you shouldn’t guess at an answer, you should provide your best estimate when it comes to times, speeds, and distances. These are all difficult to judge, so don’t be afraid to say you aren’t sure if that’s the case.

The answers you provide at your deposition are crucial, so your attorney should thoroughly prepare you beforehand. They will likely instruct you to keep your answers concise and to the point. Opposing attorneys sometimes ask broad, open-ended questions in depositions, as the longer the answer, the more likely it will provide them with something they can use

The most important thing to realize at a deposition is that the opposing attorney wants to find information that they can use against you. Resist the temptation to go into detail trying to tell your side of the story. No one is going to make a judgement after the deposition, and you aren’t going to convince anyone there that you are in the right. The ideal answer length is one sentence. The opposing attorney can ask follow-up questions if he wants more information.

An opposing new york personal injury attorney has a few things they’re looking for at a deposition. They want to know your story, because that helps them prepare their case. For that reason, you don’t want to provide more information than necessary. They also want to get your story on record, because that means you have to stick to that story at the trial to avoid contradicting yourself. Ideally, the attorney wants to either catch you in a lie at the deposition or at the trial. The more details you provide, the more opportunities there are for the attorney to spot inconsistencies in your testimony.

A deposition can feel a bit awkward, but that’s actually a good sign. You should wait for the personal injury attorney to complete their question, take a moment to consider you answer, and then answer. It should never feel like two friends having a chat, as that means you’re likely providing too much information. If you don’t understand the question, ask the attorney to clarify. Don’t be afraid to clarify a question or say that you don’t know an answer if that’s truly the case.

Depositions are often long and mentally taxing. Remember that you can request a short break if you’re starting to get tired. It’s better than ending up drained and providing poor answers. Bring snacks and water. Get up and stretch your legs on your breaks. It’s good to take a 10 to 15-minute break for every 45 minutes of questions.

Our personal injury law firm has recovered millions in combined verdicts and settlements on behalf of our clients. When you’re the victim of an injury, you need an attorney who believes in you – and is going to fight for you. We believe in concierge customer service, and encourage you to contact us.

We are one of the top personal injury law firm in New York. Founded by two former prosecutors, we are very aggressive and have the resources to win your case. We help each, and every, client – get the results they deserve. Our personal injury attorneys are all recognized by the top lawyer ranking platforms like Avvo, National Trial Lawyers Organization, Super Lawyers, and many more.

Our NYC personal injury lawyers are selective about the number of clients we service each month. We believe that by limiting the number of clients we’re able to provide more service, and generate better case results. That’s one of the main reasons why many of our clients refer us to their friends, and family members. It’s because they know we’ll give them the service they deserve. We offer a risk free consultation, so you can get an assessment of the strength of your case. During this initial free consultation, you can ask us anything.