Each and every personal injury claim is different and naturally there are no guarantees. Below are general answers to some frequently asked questions.

Call us at 800-469-7429 for more information, or email us at ekjlaw@optonline.net


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 attorneys.

Q: Do I have to be completely disabled to be compensated?

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” Insurance?

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 particular spill.

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 malpractice lawsuit?

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 medical malpractice

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 injury.

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 accident.


Call us toll free at 800-469-7429 for more information.
One Old Country Road, Carle Place, New York 11415
Phone: 516-742-9200
Fax: 516-742-7622
ekjlaw@optonline.net