frequently ask questions personal injury law

Frequently Ask Questions -Personal Injury Law

Eisenberg & Kirsch 25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]

www.eisenbergandkirsch.com25 Darbee Lane Liberty, NY 12754-1833 Phone: (845) 796-9909 Email: [email protected]

• The law regarding statutes of limitations are complex and can depend upon not only who the defendant is but the circumstances under which the personal injury was sustained.

How much time do I have after an accident to commence a lawsuit?

http://www.eisenbergandkirsch.com/


• The length of the statute of

limitations can also depend

upon whether or not the injured

person was a minor.

• As a general proposition,

intentional torts, such as assault,

false imprisonment, malicious

prosecution, or libel and slander

have a one-year statute of

limitations.

How much time do I have after an accident to commence a lawsuit?



• If Eisenberg & Kirsch takes

your case, you will not be

responsible for any court costs

or fees of any kind associated

with the development and

prosecution of your case unless

we are successful in recovering

on your behalf.

Will I be responsible for any costs or fees if Eisenberg & Kirsch takes my case?



• Under those circumstances,

those costs and fees are

deducted from the gross

proceeds of the settlement or

jury verdict, and returned to the

firm.

Will I be responsible for any costs or fees if Eisenberg & Kirsch takes my case?



• There are two parts to every

personal injury case. The first

part has to do with where the

fault of the happening of the

accident lies.

How do I know if I have a case?



• Generally speaking, if the

accident was predominantly the

fault of someone other than the

plaintiff, and there are

significant personal injuries

associated with the accident,

then the chances are pretty good

that you have a case.

How do I know if I have a case?



• Statistically, ninety to ninety-

five percent of all personal

injury cases settle.

What are the chances that my case will settle?



• At Eisenberg & Kirsch, if we

take your case, we develop and

prepare the case as if it is going

to be tried so that if it does not

or cannot settle, then we are

fully prepared to go to court on

your behalf.

What are the chances that my case will settle?



• The evaluation of any personal injury matter can only be done on a case-by-case basis, and depends on many factors. These factors include the nature and extent of the injuries sustained by a client, where the fault for the happening of the accident lies and whether or not there are any provable lost future earnings associated with a client's injury.

What is my case worth?



• The nature and extent of available liability insurance is also a significant and often times limiting factor in what the maximum amount of any recovery could be because satisfying an excess judgment against the personal assets of a defendant can be extremely difficult.

What is my case worth?



• In preparing for your initial consultation with your attorney, you should attempt to put together as many records that you have pertaining to your accident.

What should I bring with me when I meet my lawyer?



• During an initial consultation, your attorney will take a history from you to determine that circumstances under which you have been injured and the nature of the medical care that you have received as a result of your accident.

What can I expect during my initial consultation?



• As part of the history taking process, your attorney will determine whether you have had any previous or subsequent accidents or injuries that could effect the extent to which your current injuries may have been aggravated by your recent accident.




• Because medical records are privileged, you will be asked to sign medical authorizations permitting your attorney to gather the medical records, which document your course of treatment, and may also ask you to sign an employment authorization so that your work records can be obtained where appropriate.




• During the initial consultation, there will be no discussion concerning what your case may be worth because such a discussion at the earliest point in a client's matter is premature.




• One of the most important jobs of your attorney is to conduct a prompt investigation.• Your attorney's ability to conduct a thorough investigation of the circumstances giving rise to an injury can be greatly hampered if a client chooses to not seek an attorney promptly.

How soon after an accident should I contact a lawyer?


Eisenberg & Kirsch

25 Darbee Lane Liberty, NY 12754-1833

Phone: (845) 796-9909Email: [email protected]

mailto:[email protected]

mailto:[email protected]

frequently ask questions personal injury law

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