First The lawsuit is not necessarily to win or get money. Even a good experienced attorney, you can still lose.
a. It is true that there is a big deal, or even a bad situation.
b. No one can predict the outcome of your case, even if all the "ducks lined up.
c. An experienced guide is a lawyer and advocate. He is not the best you can achieve victory for you. But it is not always worth the winning, and not always successful. Even a lawyer is an impressive list of wins, the credit can be said of the cases that you have lost. Unfortunately, this is a risk that each party will do, if the case goes to trial.
Second The real value of your case is not known until all the details of your case is studied by the experts.
a. At the beginning of the case, the attorney must obtain all medical records.
b. You must evaluate liability in your case.
c. You must investigate and take responsibility for medical checks.
d. Then the expert (s) will evaluate your case, from top to bottom.
e. You must be of legal research on what similar cases have been settled and what sentences in similar cases.
f. I need to do a search to see the appellate cases that the Court of Appeal deals with these types of injuries.
g. You should know that what economic losses, and is what the doctor thinks you need the next year.
Third You (the client) to pay back your legal costs, even if you lose the case.
a. This is true. However, most New York lawyer who has handled medical malpractice and personal injury does not require the client to be reimbursed for all costs of litigation if the case is lost.
b. Can you imagine the humiliation that the client after losing a trial, saying: "By the way, now you owe me $ 25,000 for my expenses?"
4th If your health insurance, health insurance and pay medical bills, in all likelihood, you must repay the health insurance company, most of these accounts ... your share of the settlement, neither the lawyer's share.
a. The reason is simple, since you were the one who has benefited from the health insurance company paying the bills (of course paid a hefty discount on fees) money back for all, will be returned directly to the share.
b. The share means that it does not get paid until the insurance company gets their share first. Then and only then will you receive the settlement check.
5th If the lawsuit on behalf of children, money to earn your child should not be touched until he turns 18 years old.
a. It protects the child's money, plain and simple.
b. Too often, the parents, most of whom are good intentioned and some who do not, I tried to grab the children to use their own money and debts. A New York court refuses to have any exceptions to this rule.
c. Years ago, only lawyers allowed this money to the Savings Banks, where the minimum rate of money specified search dormant until the child turned 18, and it was withdrawn.
d. These days are usually better investment to keep the child in the capital, and simultaneously create a better investment returns than typically found in a savings account.
6th If the lawyer made a mistake in your case, or make a mistake, you are obligated to disclose the error, and we recommend that you, or to file a claim against the insurance company, ask for advice or advice from another lawyer.
a. The reason for this was supported by the disclosure that if a lawyer made a mistake, the client usually does not know the problem until much later. By that time might be too late to file a claim against the lawyer.
b. A lawyer should not gain or shield himself such legal wrongdoing.
c. If you make a mistake, own it. Tell the client about it. Inform them of their rights at this point.
7th Every lawyer in New York are required to further legal education classes up to date on legislative changes.
a. Does it make sense. We do not want a lawyer who "are not" what the law wants, who is now the law and how it relates to your case.
b. Generally, a lawyer must take 24 credits of classes over two years.
8th "Let's sue everyone we can think of, then we'll figure out who is really responsible later."
a. If this is your lawyer, I say this, I think twice about the capabilities and ethical obligations.
b. If the trial has not started against someone without any valid grounds to do so, it is considered frivolous lawsuits, and may subject the attorney and client to sanctions and fines. Make sure you know who and why is suing.
9th If you are lying about the facts of your case, or the extent of the damage, I'm here.
a. If you find that you have lied about material items concerning liability or damages, my first on-line requests the Court to remove the case.
b. You must tell the truth about what happened to you, and that the injury is prohibited.
10th Although I say pay the litigation costs, the time will come when I ask you to pay for them, otherwise I will not pursue the case.
a. The lawyer says he will pay all costs of the coin.
b. At the end of the case, when and if we get money for you, the lawyer is reimbursed for his expenses.
c. In some rare cases I have seen an attorney ask the client will be billed directly to the experts meeting, as new figures show that the chances of winning the case, slim to none. In these cases, the attorney wanted to cut his losses and told the client, if you do not pay for the experts yourselves, "I ask the Court to allow his lawyer to me."
d. The bottom line, ask your lawyer to ever happen to it.
Note: I hope this article has opened your eyes to some facts that should be addressed in any New York attorney you choose to treat the injury. Remember, the more information you have, the better decisions will be made. If you have any questions, please call Gerry (at no obligation or expense to you) to 516-487-8207.
Gerry Oginski experienced medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He tirelessly represented injured victims in all medical malpractice and injury for the past 19 years. As individual practitioners can devote 100% of your time to each client. The client is never a file number in his office.
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Sunday, January 8, 2012
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