Each and every personal
injury claim is different and naturally there are no
guarantees. Below are general answers to some frequently
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more information, or email us at firstname.lastname@example.org
Q: Do I really need a lawyer?
A: When you or your loved one suffer an injury as the
result of somebody else's action, perhaps it seems natural
that the person would offer to compensate you for your
injury, or that their insurance company will do the right
thing and offer a fair settlement. Unfortunately, that
rarely happens. Many people will not take responsibility
for their actions, and insurance companies profit from
under-compensating injury victims. Insurance companies and
their lawyers also know the governing law backwards and
forwards, and they know that most non-lawyers have no idea
what legal rights and remedies they possess.
At Edelman. Krasin & Jaye, we
have a proven system that works. We know how to build your
case, how to negotiate your case with an insurance
company, and, if necessary, how to take your case to
trial. While it is possible to negotiate your claim with
an insurance company yourself, insurance companies will
typically do everything they can to take advantage of you
and to effect the lowest possible settlement, while
attempting to elicit statements from you that will damage
your position if you ultimately decide to sue. We are in
the best position to help you obtain a favorable
settlement that, even with the attorney fee deducted,
significantly exceeds what you can obtain on your own.
Q: How much do you charge?
A: For all of our personal
injury clients, there is never a legal fee unless we win
the case for you - either by settlement or verdict after
trial. Our fee is then a one-third “contingency fee”. That
means our fee is then 1/3 of the amount of the settlement
or verdict ONLY IF WE WIN THE CASE FOR YOU. This is
calculated after we deduct for any expenses or
disbursements we expended during the prosecution of your
claim. We never ask any up-front money from the client!
Q: I am not happy with the
lawyer handling my case and want to replace him. Can I
simply fire him and retain another lawyer?
A: Yes, you have a right to
switch to a new attorney anytime you like, without it ever
affecting the amount of your settlement. You are entitled
to be treated with courtesy and consideration at all
times, to have your questions and concerns addressed in a
prompt manner, and to have telephone calls returned
quickly. If you are dissatisfied with the legal
representation you are currently receiving, you can
withdraw from the attorney-client relationship and seek
another lawyer at anytime. Your former attorney will no
linger be contacting you if you consent to switch
Q: Do I have to be completely disabled to be
A: Of course not. Every
person’s situation is unique. As a general principal, the
more severe or disabling the injury the more compensation
the individual is entitled to. However, there are a great
many other factors, too numerous to list here, that must
be considered in arriving at case value. Our focus is to
always put the client’s interests first and maximize the
case to ensure that they are fully and fairly compensated.
Q: What is the general
process once I retain the firm?
A: First we fully investigate
the happening of the accident that caused your injury.
This entails you sitting down in consultation with one of
our experienced attorneys and going over the case in
detail. It entails our investigators taking photographs
and interviewing witnesses, and obtaining any and all
available written evidence to help your case. We also make
contact with all of your doctors to ensure that we have up
to date medical records related to your For a few months
we exchange paperwork with the insurance company
attorneys. Next come depositions, where they question you
while under our supervision and representation and we also
question the defendant. Then the insurance company may
have you treatment. We will then begin aggressive
negotiations with the insurance company for the defendant
to obtain you a settlement “out-of-court”. If warranted,
the next stage is filing the lawsuit. examined by their
doctor (an IME). Last is the trial. A lawsuit might settle
at any point along the way.
Q: What is “No-Fault”
A: This only applies in auto
accident cases. No-Fault insurance pays for various
expenses for car accident victims in New York State. It
applies to the occupants of a car (including pickups,
SUVs, and most vehicles, but not to motorcycle drivers or
passengers), and also to pedestrians and bicyclists who
are hit by a car.
We will assist you in
submitting your medical expenses and lost wages to the
No-Fault insurance company, which is the insurance company
for the car you were in (or the car that hit you if you
were a pedestrian or bicyclist). We will provide you with
all the documents you need for that and also the No Fault
insurance company will as well We can help you figure out
which company to contact.
Make sure your doctors and
other health care providers know that you're case involves
a car accident and that all expenses should be covered by
No-Fault. They will need to know the name of the insurance
company along with the policy number and/or claim number.
You should also be able to get
paid for certain other expenses, such as if you have to
take a taxi to a doctor's appointment, cost of
prescription drugs, even for housework if you hire someone
to help you. If you're not sure, submit the expense and
see if they'll pay for it.
Q: I was injured on someone
else’s property. Is there anything I can do?
A: In general, property
owners, including governmental entities such as the city
and state, are responsible for injuries that occur as a
result of a dangerous or hazardous condition on their
property, which the owner either knew or should have known
about. The hazard may be obvious (such as ice on steps) or
hidden (such as a hole in a lawn that is partially covered
by grass). In some instances it may not be apparent, as in
flooring that appears normal but is slippery. The
dangerous condition could be permanent, such as broken
concrete with a change in elevation, or temporary, such as
a liquid spill in a supermarket aisle.
In general, an owner will be considered to have knowledge
of a dangerous or hazardous condition if it is permanent
in nature, because the owner knew, or should have known,
about the condition before the incident occurs.
In the case of temporary conditions (like a liquid spill),
the length of time that the condition existed before the
incident occurred has legal significance. If the spill
occurred just before the incident, the property owner may
not be liable for injury, because the owner could not have
known about the spill (and would not have been able to do
anything about it) before the injury occurred. If,
however, the spill was present for some time before the
incident, or occurred in an area subject to liquid spills,
or is a recurring event in the area, the owner may be
liable, even if he or she did not know about this
Q: What is medical malpractice?
New York medical malpractice
law defines medical malpractice as negligence committed by
a professional health care provider—a doctor, nurse,
dentist, hospital, hospital worker, etc.—whose performance
fails to meet the standard of care expected of those with
similar training and experience, resulting in harm to a
patient. The profession itself sets the standard for
medical malpractice by its own custom and practice.
Q: What if I’m not sure if it was malpractice?
A: Our average client is not
expected to have the expertise to make that decision. When
you retain us, we will consult independent doctors with
outstanding credentials to review your medical records.
Our independent physicians then offer their opinion as to
whether there has been a departure from good and accepted
medical practice in your case, and whether that departure
caused your damages. If there has been no malpractice you
will be advised of that result as well.
Q: What sort of damages can be recovered from a medical
A: Our Medical malpractice
attorneys can help victims recover medical expenses for
treating the injuries caused by the malpractice; damages
for pain and suffering; disfigurement and disability
damages; lost wages and ability to earn wages in the
future. In certain circumstances, spouses, children and
parents of negligently injured people may recover damages
for the loss of the love, care, affection, companionship
and other pleasures of the family relationship lost due to
Q: If I'm injured while working on a construction site,
can I get more than just workers’ compensation?
A: Yes. New York Labor Laws
are specifically created to protect working men and women
who are injured at construction sites. Although the
Workers Compensation Laws prohibit you from suing your
employer directly, you may bring a lawsuit against the
owner of the site and the general contractor even if they
had nothing to do with causing your construction accident
Q: I’ve gone back to work. I can’t do the kind of work
I was doing before because of my injuries, but I need the
money to support my family. Do I still have a construction
accident injury claim?
A: You may still have a claim
if your injuries are preventing you from earning as much
money as before the construction accident injury, or they
have forced you to take work that does not have the same
potential for advancement and salary increases later on.
In fact, you may still have a construction accident injury
claim even if you are earning the same wages as before the
Call us toll free at 800-469-7429 for more information.
One Old Country Road, Carle Place, New York 11415