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.

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.

The decision to take a settlement is one that should be greatly deliberated. However, there is an old saying that simply states that “a bird in the hand is worth two in the bush.” In many cases, having some money in your hand is better than waiting for the possibility of more down the road. There is no clear yes or no answer to this question. You must evaluate your case and weigh the facts before making such a decision.

Deliberate The Offer

Most of the time, an insurance company is not going to offer you what your claim is worth. They want to settle because they do not have to pay the outrageous costs to litigate the case. Remember, the insurance company has one goal in mind, they want to settle your case as quickly and for as little money as possible. Is the offer substantial, or is it laughable? You should have a list of all of the expenses you have incurred due to the accident or injury. Does the settlement offer cover these expenses plus give you money for your pain and suffering? You must make a financially wise decision. If you can pay off all your medical bills, pay for your attorney, and have some money left over to compensate you for your suffering, then you may want to consider taking the settlement.

Considering Your Time Line

Another thing that you should consider before taking an offer is the amount of time you have already waited. If you are unable to work and the medical bills continue to pile up, a settlement of less may really help you out now. Sure, you can go on and continue to fight, but it will only drag out the day you receive your compensation. Additionally, if your case is before a judge, you can loose and receive nothing. Though that is unlikely if you have a true case, insurance companies play dirty to keep from paying you a dime.

If you have been in an ongoing case for under six months, you may be willing to wait a longer amount of time for a compensation package than someone who has been waiting for two years. The timeline is very important. Depending on your current financial situation, it may be time to cut your losses and be done with the matter.

How Serious Are Your Injuries?

How severe are your injuries? Insurance companies are more apt to settle quickly when the injuries are more serious in nature. They know that the longer the case drags on that there will be more medical bills that are incurred as well as their legal fees. Are the injuries you suffered going to be ongoing or was your injury one that healed quickly? Those who have soft tissue damages would be eager to settle their claim quicker than those who have a wrongful death case. Everyone knows that the more severe the injuries, the more money you can demand in compensation. It just really comes down to whether their offer fits your injuries.

Things To Keep In Mind

A settlement puts an end to the case. That means that from that point forward, you are responsible for any ongoing medical bills. It is important to have an accurate prognosis to ensure that making a decision like this is not done in haste. If the medical bills are still rolling in, and the doctor’s appointments are ongoing, settling too soon may be a costly mistake. The insurance company likes to play games. They want to wear you down and drown you in paperwork so that you will settle for whatever they offer. You must have a good attorney fighting on your behalf. A personal injury lawyer can help advise you on the settlement and whether you should take the money or hold out for more. Once the case is settled, there is no do-overs or going back for more money. The matter will be closed and considered finalized, so it is important to make sure you make the right choice.

After you’ve been in an accident, you have a lot going on. Between doctors’ appointments and trying to recover, you’re focusing on getting your life back together.

While your first priority should be returning to health, you also need to consider your timeline for filing a lawsuit against the party responsible for your injuries. If you’re hoping to get compensation for your injuries, lost wages, and medical bills, then you need to begin your lawsuit within the statute of limitations.

Time can go by very quickly after an accident. You may think you have plenty of time to complete your lawsuit, but you would be surprised how easily the statute of limitations can pass you by. Once that statute of limitations passes, you lose your right to file a personal injury lawsuit forever.

But what is the statute of limitations for a personal injury case?

About the New York Personal Injury Statute of Limitations

If you have a personal injury case in the state of New York, you only have two years to file your lawsuit. If your case is against the state of New York or against a city or county in New York, you have even less time – only 180 days to file your claim and one year to file a lawsuit.

The statute of limitations will begin running the day you are made aware of your injuries. In most cases, this is the same day that the accident occurs. The only exception to this is if you have a “hidden” injury.

Hidden injuries do not appear immediately. They may take years and years before they show up. If you have a hidden injury from your accident, then the statute of limitations would begin the day you’re made aware of the injury.

This means you need to act very quickly after you’ve been injured to ensure you meet the deadlines of the statute of limitations. However, there are many benefits to beginning your personal injury case early.

Why You Need to Begin Your Personal Injury Case Quickly

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.

Working with a New York Personal Injury Attorney

If you’ve been in an accident, don’t wait too long to think about filing your personal injury lawsuit. You should contact a personal injury attorney as soon as you believe you may need legal assistance. This may mean contacting an attorney as soon as you’ve been injured.

Some serious injuries will require legal assistance more quickly. If you or someone you love has been severely injured or paralyzed because of an injury, you will want to contact an attorney immediately. If someone you love has died as the result of their accident, you will also want to contact an attorney as soon as possible.

Waiting to begin your lawsuit could have serious consequences on the outcome, meaning you need to pay more money out of pocket. If you are hoping to get the maximum compensation for your injuries, you will want to begin building your case as soon as possible. For that reason, you will want to talk with a personal injury attorney immediately.

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 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, 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.

Going to court can be a difficult process. First and foremost, it is time consuming – just getting on the docket can take longer than you’d hope, and you might have to miss important events in your life to do so. Even if you can get to court, you’ll end up paying more of the privilege than you might imagine. You’ll also have to relive the incident that caused your injury in great detail, possibly undoing much of the progress you’ve made since the injury occurred. Fortunately, there are options available for those who do not want to go court – options that be appropriate in very specific circumstances.

Dropping the Case

The most obvious alternative to going to court is to simply not move forward with a case. Even if you are injured, there’s nothing that says you have to go to court. You can choose to move on with your life and let your insurance company handle any monetary issues that might occur. If there’s a question of fault or if you don’t think the other party will be able to pay, you may actually save money by just choosing to let things go. While this isn’t a good way to get restitution, it may be helpful for those who just want the situation to be over.

Settlements

The vast majority of personal injury cases never reach the trial stage. Before you can even begin to put a case together – and in many cases, before you even speak to a personal injury lawyer – you will be contacted by the other party with an offer of a settlement. In most cases, the settlement will be initiated by an insurance company that wants to cut its potential losses. They will offer you a lump sum payment, which you can take or leave. There is almost always a time frame for accepting this offer, so those who want to settle need to work quickly.

It’s often a good idea to consult with an attorney before you make a decision about a settlement. While a settlement certainly isn’t an admission of fault, it is usually a sign that the insurance company believes that it stands a good chance of losing in court. Still, settling the case is usually the fastest way to get money and to move on with your life. If you are looking for a method of putting everything behind you without having to set foot in a courtroom, this is probably your best chance.

Mediation and Negotiation

There are also methods of coming to a solution that don’t involve going in front of a judge. Generally grouped under the heading of alternative dispute resolution, these methods allow you to get together with the other party to make a decision as to what to do next. You will get a very unique chance to come to a solution that might be outside of what the court would ordain, which could in turn make life easier for all involved. The courts tend to look very favorably on alternative dispute resolution, so it may be something you want to pursue.

The most common type of dispute resolution is a negotiation. In this circumstance, you and your personal injury lawyer will get together with at least one other party. In most injury cases, the other party will be the insurance company. You may, however, deal directly with the other party and his or her personal injury lawyer. You will be given a chance to sit face to face and come to a decision that works for both parties. If you were the party who was injured, this will be a chance for you to lay out your costs and present a vision for how your future will go.

You may also engage in mediation. In mediation, you and the other party will sit down with a neutral facilitator called a mediator. In this meeting, you will work out a solution. Your solutions need not be solely monetary, and there’s usually a great deal of effort put towards making sure that both parties are happy with the agreement. While you don’t always need a lawyer for mediation, it’s often a good idea to bring representation. Lawyers can often be a very helpful part of the process and can work to help their clients.

There are options out there that can help you avoid going to court. You can choose not to pursue legal action, you can accept a settlement, and you can even choose to go through with an alternative dispute resolution process. No matter what you choose, though, you should speak to an attorney. He or she can give you advice as to how to proceed and what the pros and cons to each choice might be. Going to court isn’t the end of the world, but it’s also not the only way for you to deal with your personal injury suit.

When a client meets with a personal injury lawyer for the first time, the potential clients always have the same question: “How much will you charge me for handling my case?” Because each personal injury case is complex and has a variety of different circumstances, there’s no set answer to that question. The only thing we can tell you is how much we charge based on any settlements or awards you may receive. Allow us to further explain the basis for determining legal fees for personal injury cases.

Contingency-Fee Basis

Just about every personal injury lawyer accepts personal injury cases on a contingency-fee basis. What this means is the attorney’s payment is contingent upon his client’s ability to receive a recovery sum. The fee is based upon a certain percentage of that sum, and the percentage is disclosed upon the retention of the attorney.

The percentage is generally based upon a number of different things, such as the complexity, riskiness, and nature of the case. As a client, you will work with your prospective attorney in order to agree upon the percentage before you sign any retainer agreements or contracts.

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.n

Contingency Fee Defined

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 Type of Work Expended in a Personal Injury Case

There is a variety of work expended in a personal injury case. For example, the attorney will sit down with his client at the time of retention to obtain as much information as possible. If there were witnesses to the accident, the attorney will compile a list of said witnesses, as they may need to be subpoenaed later on.

Also, the attorney will want to review the scene of the accident and take any photographs that could help prove his client was not negligent. For example, if the client was injured in a motor vehicle accident, the attorney may want to photograph the scene of the accident to look for things such as unclear road markers, no obvious road signage or defects in the road.

If the client’s injuries were obtained due to an uneven sidewalk on a city street, the attorney will take photographs of the area to prove the defect. The attorney will also talk to and perhaps retain expert witnesses who can back up any claims that the client has. Any witnesses will be interviewed in order to determine exactly how the accident happened and who really is to blame.

Many times, the attorney will work to settle the case in hopes of avoiding a long, and costly trial. This can work to your advantage, because once the case goes to trial, there’s no guarantee your attorney will be successful, no matter how much evidence he has to back up his client’s claim. If the attorney feels the settlement amount offered is a decent amount, he will bring that settlement offer to his client for final approval. If the client does not approve of the amount, the attorney does not settle.

For more information on attorney fees, consulting with an accident attorney or questions surrounding what goes into a personal injury case, it’s best to speak with an experienced attorney. From the initial consultation to the evidence gathering right down to settlement or trial, your attorney will work to ensure your case is successful. If needed, we can even help you replace your existing car thanks to our relationship with companies Avvis, Hertz, Enterprise, and Zooomr car leases.