After an accident if possible take some cell phone photographs or video to document the scene.  Report the accident, typically to the police.  Obtain the badge number or police report number, seek medical help if you are injured to document your injury.  Make sure to discuss all of your injuries at your initial consultation even if they are minor, do not omit them.  Get the advice of an experienced legal attorney.

Lawyer up as soon as possible. What you say can, and will, be used against you. An experienced personal injury lawyer will help you understand the legal process and assist you in getting the maximum recovery available in your case.

There are three factors generally considered in awarding a settlement:

1.  Determining fault.

2. Determining extent of injuries.

3. Is there applicable insurance to cover the claim?

In general, most actions for personal injury must be commenced within 3 years.  Damages for any medical or dental malpractice claim are limited to 2.5 years with some exceptions.  Wrongful death claims must be started within 2 years of the date of death.  Any injury or medical malpractice claim against or involving a municipality such as the city of New York, must be initiated by a notice of claim properly filed within 90 days of the injury.  There is a discovery rule for foreign objects and certain cancer cases.

As a practical matter, the first step is contacting an experienced medical malpractice attorney.  It is essentially unheard of for a medical malpractice victim to successfully litigate a claim on their own.  This is known as pro se.  Under New York law a medical malpractice claim cannot be filed with the court without your attorney seeking and obtaining an expert Doctor’s medical opinion that there was malpractice.

An experienced attorney can provide you with court approved verdicts or settlements involving similar injuries.  Your specific case could be limited by available insurance or any finding or comparative fault which would reduce your award.

 In New York State, attorneys are only permitted to charge expenses that are approved by the court.  Typically, they involve outside experts or court costs where the attorney has to spend money that is necessary to develop your case.  Expenses do not include lawyers time or overhead.

Believe it or not, a consent form does not necessarily prevent you from bringing a claim.  If there is a maxim in the law that does not commit anyone to be negligent and harm you, even if we signed a consent.

If we accept your case and it meets the standards of our lending company, you would qualify for cash a advance on your case. Additionally no-fault insurance and worker’s compensation could  provide lost wages and medical benefits quickly.

We work strictly on a contingency fee basis.  That means if we don’t win your case, we don’t get paid and you owe us nothing.  If we are successful, we receive a percentage, typically 1/3 or less depending on the type of claim.  Expenses only come out of a successful result.