One of the most common questions we hear is if your case has merit. Only an experienced attorney can accurately answer that question.
During the initial consultation, we will secure all the information and documentation that you can provide. Sometimes a case will come that we feel does not warrant legal action after consulting with our legal staff. In those situations, we are candid and honest with our clients on their chances of prevailing in settlement or litigation.
Some personal injury cases are more complicated than others and we may require a review of the records by a medical expert, especially in medical malpractice cases. We will consult with an appropriate medical expert at no cost to you in determining whether the case is one that will be worthwhile to pursue.
In the end, it costs you nothing to visit an attorney at our office to see if you have a case. If you were injured and you feel that your injury was caused by the negligence of another, whether it is a driver of a motor vehicle, a property owner, or a physician, you should explore the option of legal representation as opposed to going at it on your own.
We only get paid if we win.
Many people associate lawyers with high fees and ask themselves, "How can I ever afford to pay for an attorney?" Don't worry. As a personal injury client, you will never have to worry about the cost of receiving quality legal representation.
All personal injury cases are handled on a contingency-fee basis. This means that you will not pay any attorneys' fees whatsoever unless you recover money in a settlement or from a jury award. If we are successful in recovering money for you, we will take a percentage of the recovery as our fee. The percentage is a standard percentage set by statute:
For all non-medical malpractice personal injury cases – 1/3 of the total recovery
For all medical malpractice personal injury cases – a sliding scale set by the state statute in which the maximum amount of attorney’s fees are 30 percent.
You will never have to reach into your own pocket. We will front all expenses in pursuing the case
We will be responsible for all expenses in pursuing the case. If we do not recover money for you, you will not be required to reimburse us for any of the expenses. If we do recover money for you, we will be reimbursed out of the recovery money.
Now. The insurance company's lawyers are already at work.
You only have a limited window of time. There is a statute of limitations which limits the amount of time you can initiate a lawsuit. If you miss that window, your case is over. There is a "statute of limitations" for personal injury cases, which means that lawsuits cannot be filed after a certain window of time has elapsed. These time limits can vary depending on the type of claim being made, the age of the injured party, and various other factors.
The time limit is one reason it is critical to contact an attorney as soon as possible after your accident.
We can offer important advice. It is easy to make a legal misstep that could prevent you from receiving the money you deserve. Our legal team can guide you through the process from day one, ensuring that you know exactly what to do, what to say to the insurance companies, and how to maximize your chances of success.
1. The insurance companies are concerned about their best interests, not yours. This is particularly true of the at-fault party's insurance company, but it also applies to your own. Their one and only goal is to make money, not to give any money to you if it can be at all avoided. Some representatives are specifically trained on how to minimize claims or deny claims outright, no matter how much you have paid in premiums over the years.
2. Any information you provide will likely be used against you. Again, the goal of any insurance company is to minimize the amount it must pay. To this end, insurance adjusters will gladly use any information you give them to build a case against you.
We will help you understand exactly what to say and what not to say to insurance adjusters. Even an innocent statement about how you are feeling at the moment could be misinterpreted and used as "evidence" that you are not injured as badly as you really are.
The work that needs to be done toward a successful personal injury claim requires dedication by an experienced attorney, and time. Resolution will not happen overnight, especially in medical malpractice cases and in other negligence cases where the injuries are severe.
We ask all our clients to be patient and focus on recovering from their injuries.
The first step comes at the initial consultation where your attorney will gather the data from you. That can come in the form of information you provide, as well as any documentation you may have.
Following the initial consultation, our team will investigate the claim and obtain all the necessary documentation to pursue the claim.
Often the next step will be to contact the insurance company for the party we are claiming is responsible for your injury.
Sometimes insurance companies offer to settle the case without the need for litigation. If the offer is fair (we will advise you, but it will ultimately be your decision whether you are willing to accept an early settlement), the case may be settled rather quickly.
Often (and in all medical malpractice cases) we are required to commence a lawsuit against the party or parties responsible for your injury.
Following the filing and service of a lawsuit and a response by attorneys hired by the insurance company for the responsible party, a discovery schedule is set up at a Court conference. This schedule includes setting deadlines for the exchange of relevant documentation, as well as dates for depositions of the Plaintiff (you) and the defendant (the responsible party). A deposition is a question and answer session in a conference room with the attorneys and a court reporter present.
During the discovery process, the possibility of settlement is often discussed and may become an option.
However, if depositions are completed and a resolution is not reached, we will request a trial date from the Court. At a future date, a trial will proceed in which we will use our experience and knowledge to convince a jury why you are entitled to compensation and how much compensation is fair in your case.
Many different factors can affect how much a case is worth. Factors include the nature of your injury, your age and occupation, how much time you missed at work, how much money you have spent on physicians, whether you will require medical care in the future, and even the extent of the insurance coverage by the party who is responsible for your injury.
One of the most important factors under consideration is your lost earnings. If you held a high-paying job and your injuries prevented you from working, your case may be worth more than if you were unemployed or held a less well-paying job.
Another factor to consider is your medical bills. The insurance company of the at-fault party will usually have to pay for the cost of treatment. It may also use the total amount of your medical bills to help calculate how much to offer you in a settlement for pain and suffering. The value of your case may differ depending on how much pain and suffering you have experienced, how likely it is to continue into the future, and whether future medical care will be required.
The amount and types of damages you can recover in a personal injury accident are based upon the extent of your injuries and the level of negligence that caused those injuries. The more the injuries affect your professional and personal lives, the more damages you are likely to recover. Our law firm has recovered high settlements and courtroom verdicts for our clients.
If the injury you suffered will not allow you to ever work again, you are entitled to compensation for the wages you would have made at your job. Being forced to change careers because of an injury will require vocational rehabilitation for a new type of job. That training costs money and that should be paid for by the party responsible for causing your injury. A wrongful death suffered at the hands of a negligent party means damages for pain and suffering and future lost wages.
While it is difficult to predict a specific amount of monetary compensation or the type of damages you can recover, we have extensive experience in the practice of personal injury law. What you can expect from our firm is to aggressively represent you and prosecute your rights to get the maximum amount of damages for the injuries and loss that you have suffered.
The Majority Of Cases Settle Outside Of Court. Somewhere between 5 and 10 percent of cases go to trial.
By settling cases outside the courtroom, it also creates a far less stressful environment. Clients do not have to go through depositions or deal with the drama of presenting their case before a judge and jury.
However, We Prepare Every Case For The Possibility Of Trial
We have an excellent reputation in the New York legal community, and insurance companies know that we mean business. We are not afraid to go to trial if we believe we can get our client more money that way. In fact, we prepare every case as if it will go to trial. Because of our extensive preparation and our reputation for aggressively representing our clients' interests, both insurance companies and defense lawyers are more willing to settle cases in our clients' favor.
The most important thing to realize is that when you receive a settlement or jury verdict, we can repay your medical bills out of that money. That is why it is important to have a lawyer on your side that can fight for every dime you deserve and make sure you receive the full amount you will need for any future medical care.
The bottom line is that you don't need to worry about anything to do with your case. When you hire Grossman & Grossman, you can count on the fact that we will take care of everything. All you have to do is concentrate on getting well.
The time it takes to resolve your case and actually receive a check in the mail can vary, depending on many different factors.
One of the greatest factors is the severity of your injuries and how long it takes for you to recover from them. In most cases, you should never accept a settlement check until you are released by your treating physician and you know how much your future medical expenses will cost. If you settle with the insurance company too early, you may miss out on the true amount of money you need for future medical care.
The length of time it takes you to receive your money is also based on how much insurance money is available. The case may drag on or it may be resolved almost instantaneously, depending on what insurance assets are available.
Working Hard To Get You The Money You Need As Fast As Possible
Nevertheless, our team understands that you are likely out of work and in need of money as soon as possible. We have extensive experience in this area of law and a reputation for resolving cases quickly. You can count on Grossman & Grossman to do everything we can to get that check into your hands in the minimum amount of time.