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  • What happens with my case after a lawsuit is filed?
    Although there are variations, depending on where your lawsuit is filed, you can generally expect the following: We will hire a private process server to hand-deliver a copy of your lawsuit to each defendant in your case along with interrogatories and a request for production of document. We will prepare written “request for production of documents” (a device which allows us to get important documents and photographs from the defendant together with answers to certain key questions by his or her lawyer and insurance company). Typically, the defendant’s insurance company will hire a lawyer to represent the defendant. Within 30 days of being served with our complaint, this lawyer will then file an “answer” to our lawsuit and will send it to us along with their own “request for production of documents” to which we must respond. We will work with you to answer defendant’s requests in the form of a “Bill of Particulars” (a document in which we describe our allegations against the defendant more specifically). After consulting with you, we will prepare a response to each of the defendant’s requests for production of document. Once written discovery is completed, the parties will take “depositions.” Depositions are interviews conducted in a lawyer’s office, under oath, with a court reporter present to record all of the questions and answers. We always meet with our clients before their depositions take place. Shortly thereafter, we will depose the defendant and other relevant witnesses relevant to our claims. Once written discovery and all depositions have been completed, we file a document with the court called a “Note of Issue” which includes a “Certificate of Readiness”. This document advises the court that all discovery is complete and we are ready to be placed on the trial calendar. As we await a trial date, the attorneys involved often explore settlement by simply talking among themselves, or by agreeing to use various methods of Alternative Dispute Resolution such as mediation. This is where a neutral mediator would sit down with the parties outside of court, hear all arguments, and seek to help them reach a fair settlement that is equitable to all parties involved by offering his/her recommendations. Although we prepare all of our cases with trial in mind, once it becomes clear that a case will not settle, we will prepare accordingly for trial.
  • Why should I hire a lawyer as soon as possible after my accident or a bad medical outcome?
    The hours, days, and weeks after one is injured in an accident is critical. Important evidence may be lost or mistakes may be made if you do not act quickly. For example, photographs can be a crucial part of proving a claim on your behalf. In an accident case, we may want to photograph the vehicles involved before they are repaired or salvaged. If injured in an accident or a nursing home, we may want to photograph any evidence of your injuries (bruising, bleeding, bedsores, etc.). In some cases, we may need to examine the vehicles or equipment involved in an accident to determine whether there was a product failure. In a slip and fall case, we may want to retain the footwear, and possibly, the clothes you were wearing at the time of the accident. Perhaps most importantly, insurance companies often ask to take recorded statements of unrepresented accident victims which almost never benefit the accident victim and can often severely damage your case. For example, some people who are in accidents feel pain for the first time a day or two after the accident. If such a person gives a recorded statement to an insurance adjuster five hours after an accident and says that he or she is not in pain, a jury hearing the case over one year later may not believe that this person was truly hurt as a result of the accident.
  • Is it important to meet and have access to the attorney who will be handling my case?
    One of the most critical aspects of any legal case is the representation you have. Whether you are dealing with a personal injury or a criminal case, you need the best possible professional help. However, it’s not just about finding an experienced attorney because it's equally important to have personal contact and access to them. When we hire an attorney, we give them a great deal of trust and control over our case. It's crucial to establish a strong working relationship right from the start because the outcome of the case could depend on this. Meeting with your attorney, discussing the case, and having access to them throughout the process will create a more cohesive and supportive experience. Additionally, personal interaction and open communication can help in gaining a better understanding of the legal proceedings and strategies used by your attorney. This understanding is vital as it enables you to make better and informed decisions regarding the case's direction and approach. Meeting with your attorney in person can also help with building trust and understanding. You can get a sense of their experience, passion, expertise, and philosophy towards the case. This can be critical information before you commit in working with an attorney. Furthermore, personal meetings with your attorney can help you get a feel for their personality and character. Trust and chemistry between the attorney and client are essential for creating an effective strategy and efficient case management. You need to feel comfortable and confident with your attorney to help achieve a favorable outcome. Lastly, having access to your attorney is crucial. A responsive attorney who keeps you informed about the case's progress and developments builds the trust further. Being able to reach out, ask questions, or discuss any concerns are crucial not just for the case, but for your peace of mind. In conclusion, it's highly recommended to meet and have access to the attorney handling your case. Personal communication, open dialogue, and accessibility should be non-negotiable when selecting an attorney. Having a strong working relationship and building trust can lead to better outcomes, informed decisions, and a positive experience for both the client and the attorney.
  • What is the process for bringing a civil lawsuit for injuries in New York?
    A civil jury trial in New York follows a process similar to that of other states in the U.S. Here is an overview of how the process typically works: Filing a complaint: The first step in a civil jury trial is to file a complaint with the court. The complaint outlines the plaintiff's allegations against the defendant and the relief that the plaintiff is seeking. Serving the complaint: After the complaint is filed, it must be served on the defendant. This means that a copy of the complaint must be delivered to the defendant in a way that is authorized by law. Responding to the complaint: After being served with the complaint, the defendant has the opportunity to respond by filing an answer. The answer typically denies the allegations made in the complaint and may include counterclaims against the plaintiff. Discovery: The discovery process allows both parties to gather information about the case. This can include exchanging documents, taking depositions, and requesting answers to written questions. Pretrial motions: Either party can file pretrial motions to ask the court to make certain decisions before the trial begins. For example, a party might file a motion to dismiss the case or to exclude certain evidence. Trial: If the case is not resolved before trial, it will go to trial before a judge and a jury. The trial begins with opening statements by both sides, followed by the presentation of evidence and testimony by witnesses, including expert witnesses such as doctors, nurses, economic and vocational experts, and liability experts such as accident reconstructionists and engineers. The parties then give closing arguments, and the jury deliberates and reaches a verdict. Appeal: If either party is dissatisfied with the outcome of the trial, they may file an appeal to a higher court to have the decision reviewed. It's important to note that this is a general overview of the process and that the specific details of a civil jury trial can vary depending on the case and the court. Contact the Premier Negligence Lawyera in New York Do you have questions about filing a negligence lawsuit for injuries in New York? One of our experienced New York negligence attorneys can speak with you today about the possibility of filing a lawsuit and holding a negligent party accountable for injuries. Contact Leitner Varughese Warywoda PLLC to learn more about the services we provide.
  • What is a contingency fee arrangement in a personal injury case?
    A contingency fee arrangement is a type of payment arrangement where a personal injury lawyer agrees to represent a client on a "contingency" basis, meaning that the lawyer will not charge the client any fees upfront, but will instead take a percentage of any settlement or award that the client receives in the case. This type of arrangement is often used in personal injury cases because it allows individuals who may not have the financial resources to pay for legal representation upfront to access legal counsel. How much do contingency fee injury lawyers charge? Contingency fee percentages can vary depending on the specifics of the case and the lawyer's level of experience. In general, contingency fees for personal injury cases in New York can range from 33% of the settlement or award that the client receives, or in a medical malpractice case, a lesser “sliding scale”. New York State has laws that limit the percentage of a contingency fee that a lawyer can charge. It is important to discuss the specific terms of the contingency fee arrangement with the lawyer before agreeing to representation. Do I to pay any upfront costs if I hire a contingency fee injury lawyer? In most cases, you should not have to pay any upfront costs if you hire a personal injury lawyer on a contingency fee basis. The lawyer will typically advance the costs of pursuing the case, such as filing fees, court costs, and other expenses, and will be reimbursed for these costs out of the settlement or award that the client receives. It is important to discuss any potential costs or expenses with the lawyer before agreeing to representation. Can I switch to a different lawyer if I am not happy with the representation I am receiving under a contingency fee arrangement? If you are not satisfied with the representation you are receiving from a personal injury lawyer who is working on a contingency fee basis, you may be able to switch to a different lawyer. However, it is important to carefully consider any potential legal or financial consequences of switching lawyers, as this may affect your ability to recover damages in the case. It is advisable to discuss any concerns you have with your current lawyer and try to resolve any issues before making a decision to switch lawyers. What happens to the contingency fee if I do not win my case? If you do not win your personal injury case, you typically will not be required to pay your lawyer any contingency fees. However, you may still be responsible for paying any costs or expenses that the lawyer incurred in pursuing the case depending on the arrangement you entered into when signing the retainer agreement. It is important to discuss the specific terms of the contingency fee arrangement with the lawyer before agreeing to representation, so that you understand your financial obligations in the event that the case is not successful.
  • What are my legal options?
    Accidents can happen at any time, and when they do, they can result in severe injuries and significant financial losses. If you have been injured in an accident due to someone else's negligence, you have legal options available to pursue justice and compensation. In this blog post, we'll explore what options you have. Personal Injury Lawsuit One of the most common and effective legal options available to you is to file a personal injury lawsuit. In a personal injury lawsuit, you can hold the responsible party accountable for their negligence and recover compensation for your losses. To win a personal injury lawsuit, you need to prove that the other party was negligent and that their negligence caused your injuries. Filing an Insurance Claim Another option is to file an insurance claim with the other party's insurance company. This option may be appropriate if the other party has insurance coverage for their negligence. You can file this claim on your own, or with the help of a personal injury attorney, who can negotiate with the insurance company on your behalf. Workers' Compensation Claim If you were injured while at work, you may be eligible for workers' compensation benefits. Workers' compensation benefits are designed to cover medical expenses, lost wages, and other expenses related to the injury. Your employer is required to carry workers’ compensation insurance, and you may be entitled to these benefits even if the accident was your fault. Negotiated Settlement In some cases, you may be able to reach a settlement outside of court with the responsible party. A settlement is an agreement between you and the other party, where they agree to pay you a certain amount of compensation in exchange for dropping any legal action against them. A settlement can be useful for avoiding a lengthy legal battle, particularly if you're looking to recover compensation quickly. In conclusion, if you're injured in an accident due to someone else's negligence, you have legal options available. You can file a personal injury lawsuit, file an insurance claim, file a workers' compensation claim, or negotiate a settlement with the responsible party. Each option comes with its unique advantages and challenges, and you should consider hiring a personal injury attorney to help guide you through the process and maximize your chances of a successful outcome.
  • How much is my case worth?
    The value of a personal injury case will depend on a variety of factors, including the severity of the injuries, the impact on the plaintiff's life, and the strength of the evidence. A personal injury lawyer can provide an estimate of the potential value of your case after reviewing the facts and evidence.
  • How long will it take to resolve my case?
    The length of time it takes to resolve a personal injury case can vary depending on the complexity of the case and the court's schedule. Some cases may be resolved in a matter of months, while others may take several years.
  • How do I prove negligence or fault?
    To prove negligence or fault, the plaintiff must show that the defendant had a duty to act in a certain way, that they failed to do so, and that this failure caused the plaintiff's injuries. This can be demonstrated through evidence such as witness testimony, accident reports, and expert testimony.
  • What is the statute of limitations for my case?
    The statute of limitations is the time period within which a personal injury lawsuit must be filed. The time period varies by state and type of injury, so it's important to consult with a personal injury lawyer to determine the statute of limitations for your case.
  • How much will it cost to hire a personal injury lawyer?
    Many personal injury lawyers work on a contingency fee basis, which means they only charge a fee if they win the case or secure a settlement. In these cases, the fee is usually a percentage of the recovery.
  • What happens if I can’t afford a lawyer?
    If you can't afford a lawyer, you may be able to find legal aid services or pro bono representation. Additionally, some lawyers may be willing to take on a case on a contingency fee basis, which means they don't get paid until they win the case or secure a settlement.
  • How do I prove my damages, such as medical expenses and lost wages?
    To prove damages, the plaintiff will need to present evidence such as medical bills, pay stubs, and witness testimony. A personal injury lawyer can help gather and present this evidence to the court.
  • Will I have to go to court?
    Many personal injury cases are settled out of court, but some may require a trial. A personal injury lawyer can advise you on the likelihood of going to court and what to expect if your case does go to trial.
  • Should I accept a settlement offer from the insurance company?
    Before accepting any settlement offer from an insurance company, it's important to consult with a personal injury lawyer. They can evaluate the offer and advise you on whether it is fair and reasonable given the facts of your case.
  • How will you communicate with me about my case?
    A personal injury lawyer should communicate with you regularly throughout the process, keeping you informed of any developments in your case. They should also be responsive to any questions or concerns you may have.
  • What is your experience in handling similar cases?
    Leitner Varughese Warywoda, also known as LVW, is a law firm with extensive experience in handling catastrophic injury cases. Catastrophic injury cases are legal claims that involve severe, life-altering injuries that have a significant impact on the victim's life and their family members. These types of injuries can occur in various situations, such as car accidents, construction accidents, medical malpractice, and more. Having an experienced, aggressive, and skilled attorney who can represent you in such cases is of utmost importance. Here’s why: Experience Matters Experienced lawyers like those at LVW have been handling catastrophic injury cases for years. They understand the complexities of these cases, know how to investigate them thoroughly, and can help you navigate the legal system. An experienced attorney can fight for you and protect your legal rights. They know how to deal with insurance companies and defense lawyers, and they can help you achieve the best outcome possible. Aggressive Representation An aggressive attorney can take a firm stance for you and advocate for your best interests. LVW has a reputation for being aggressive in representing their clients. They don't back down when it comes to fighting for what their clients deserve. With their extensive experience, they know how to put pressure on the other party and negotiate for the best possible settlement or take the case to trial if necessary. Skilled in Negotiations and Litigation A skilled attorney can help you navigate the complex legal process in a catastrophic injury case. Whether it involves negotiating with the insurance company or taking the case to trial, LVW has the necessary skills to represent you. They are well-versed in negotiations and can present your case convincingly in front of the judge and jury. Proper Legal Advice Having an experienced attorney on your side is also crucial for receiving proper advice. They can help you understand your rights, explain the potential outcomes of your case, and provide expert advice every step of the way. LVW attorneys have handled different types of catastrophic injury cases, from car accidents to medical malpractice, and they can provide you with the best possible advice based on the specifics of your case. In conclusion, if you or a loved one has suffered a catastrophic injury, it is crucial to have an experienced, aggressive, and skilled attorney by your side. LVW has proven experience in handling such cases, and their team is dedicated to fighting for their clients' rights and securing the best possible outcome. Contact Leitner Varughese Warywoda for a confidential and free consultation to discuss your options and see how they can help.
  • What the most common types of personal injury lawsuits?
    Personal injury law is a broad area of law that covers a wide range of injuries and accidents. First, let's talk about car accidents. Car accidents are one of the most common types of personal injury lawsuits. If you've been involved in a car accident and it was someone else's fault, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. Next, let's talk about slip and fall accidents. Slip and fall accidents can occur on both public and private property. If you've been injured in a slip and fall accident, you may be entitled to compensation from the property owner if they were negligent in maintaining the property. Another common type of personal injury lawsuit is medical malpractice. Medical malpractice occurs when a healthcare professional fails to provide the appropriate level of care and as a result causes an injury or harm to the patient. If you believe you've been a victim of medical malpractice, it's important to speak with a personal injury lawyer as soon as possible. Product liability lawsuits are another common type of personal injury lawsuit. These types of lawsuits occur when a consumer is injured by a defective product. If you've been injured by a defective product, you may be entitled to compensation from the manufacturer or distributor of the product. Finally, let's talk about wrongful death lawsuits. A wrongful death lawsuit is a type of personal injury lawsuit that is filed by the surviving family members of a person who has died as a result of the negligence or wrongful act of another person or entity. These are just a few of the many types of personal injury lawsuits. If you've been injured and believe someone else is at fault, it's important to speak with a personal injury lawyer as soon as possible. They can help you understand your legal options and guide you through the process of seeking compensation for your injuries.
  • What does a nursing home accident lawyer do?
    A nursing home accident lawyer specializes in handling legal cases related to accidents that occur in nursing homes. They provide legal representation and guidance to individuals who have been injured or suffered harm due to negligence or abuse in a nursing home setting. These lawyers are experienced in navigating the complexities of nursing home laws and regulations to help their clients seek justice and obtain compensation for their injuries.
  • How can a nursing home accident lawyer help me?
    A nursing home accident lawyer can provide valuable assistance in several ways. They can: Evaluate the strength of your case and determine if you have a valid claim. Gather evidence, including medical records, witness testimonies, and expert opinions, to support your case. Negotiate with insurance companies or the nursing home's legal representatives on your behalf to seek fair compensation. Handle all the legal paperwork and ensure deadlines are met. Represent you in court if a settlement cannot be reached, and advocate for your rights and interests throughout the litigation process.
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