Question 1

What can I do if I can't afford a lawyer?

Accepted Answer

If you can't afford a lawyer, you have options. You might qualify for legal aid or pro bono services. Many personal injury lawyers, including us, work on a contingency fee basis, so you don't pay unless we win or settle your case.

Question 2

How do I prove my damages, such as medical expenses and lost wages?

Accepted Answer

To prove damages, the plaintiff will need to present evidence such as medical bills, pay stubs, and witness testimony. A personal injury lawyer can help gather and present this evidence to the court.

Question 3

Will I have to go to court?

Accepted Answer

Many personal injury cases are settled out of court, but some may require a trial. A personal injury lawyer can advise you on the likelihood of going to court and what to expect if your case does go to trial.

Question 4

What is your experience in handling similar cases?

Accepted Answer

Leitner Varughese Warywoda, also known as LVW, is a law firm with extensive experience in handling catastrophic injury cases. Catastrophic injury cases are legal claims that involve severe, life-altering injuries that have a significant impact on the victim's life and their family members. These types of injuries can occur in various situations, such as car accidents, construction accidents, medical malpractice, and more. Having an experienced, aggressive, and skilled attorney who can represent you in such cases is of utmost importance. Here’s why:

Experience Matters
Experienced lawyers like those at LVW have been handling catastrophic injury cases for years. They understand the complexities of these cases, know how to investigate them thoroughly, and can help you navigate the legal system. An experienced attorney can fight for you and protect your legal rights. They know how to deal with insurance companies and defense lawyers, and they can help you achieve the best outcome possible.

Aggressive Representation
An aggressive attorney can take a firm stance for you and advocate for your best interests. LVW has a reputation for being aggressive in representing their clients. They don't back down when it comes to fighting for what their clients deserve. With their extensive experience, they know how to put pressure on the other party and negotiate for the best possible settlement or take the case to trial if necessary.

Skilled in Negotiations and Litigation

A skilled attorney can help you navigate the complex legal process in a catastrophic injury case. Whether it involves negotiating with the insurance company or taking the case to trial, LVW has the necessary skills to represent you. They are well-versed in negotiations and can present your case convincingly in front of the judge and jury.

Proper Legal Advice
Having an experienced attorney on your side is also crucial for receiving proper advice. They can help you understand your rights, explain the potential outcomes of your case, and provide expert advice every step of the way. LVW attorneys have handled different types of catastrophic injury cases, from car accidents to medical malpractice, and they can provide you with the best possible advice based on the specifics of your case.

In conclusion, if you or a loved one has suffered a catastrophic injury, it is crucial to have an experienced, aggressive, and skilled attorney by your side. LVW has proven experience in handling such cases, and their team is dedicated to fighting for their clients' rights and securing the best possible outcome. Contact Leitner Varughese Warywoda for a confidential and free consultation to discuss your options and see how they can help.

Question 5

Is it important to meet and have access to the attorney who will be handling my case?

Accepted Answer

One of the most critical aspects of any legal case is the representation you have. Whether you are dealing with a personal injury or a criminal case, you need the best possible professional help. However, it’s not just about finding an experienced attorney because it's equally important to have personal contact and access to them.

When we hire an attorney, we give them a great deal of trust and control over our case. It's crucial to establish a strong working relationship right from the start because the outcome of the case could depend on this. Meeting with your attorney, discussing the case, and having access to them throughout the process will create a more cohesive and supportive experience.

Additionally, personal interaction and open communication can help in gaining a better understanding of the legal proceedings and strategies used by your attorney. This understanding is vital as it enables you to make better and informed decisions regarding the case's direction and approach.
Meeting with your attorney in person can also help with building trust and understanding. You can get a sense of their experience, passion, expertise, and philosophy towards the case. This can be critical information before you commit in working with an attorney.

Furthermore, personal meetings with your attorney can help you get a feel for their personality and character. Trust and chemistry between the attorney and client are essential for creating an effective strategy and efficient case management. You need to feel comfortable and confident with your attorney to help achieve a favorable outcome.
Lastly, having access to your attorney is crucial. A responsive attorney who keeps you informed about the case's progress and developments builds the trust further. Being able to reach out, ask questions, or discuss any concerns are crucial not just for the case, but for your peace of mind.

In conclusion, it's highly recommended to meet and have access to the attorney handling your case. Personal communication, open dialogue, and accessibility should be non-negotiable when selecting an attorney. Having a strong working relationship and building trust can lead to better outcomes, informed decisions, and a positive experience for both the client and the attorney.

Question 6

How do I prove negligence or fault?

Accepted Answer

To prove negligence or fault, the plaintiff must show that the defendant had a duty to act in a certain way, that they failed to do so, and that this failure caused the plaintiff's injuries. This can be demonstrated through evidence such as witness testimony, accident reports, and expert testimony.

Question 7

What is the statute of limitations for my case?

Accepted Answer

The statute of limitations is the time period within which a personal injury lawsuit must be filed. The time period varies by state and type of injury, so it's important to consult with a personal injury lawyer to determine the statute of limitations for your case.

Question 8

How will you communicate with me about my case?

Accepted Answer

A personal injury lawyer should communicate with you regularly throughout the process, keeping you informed of any developments in your case. They should also be responsive to any questions or concerns you may have.

Question 9

How long does it usually take to resolve a personal injury case?

Accepted Answer

The time it takes to resolve a personal injury case varies. Some cases settle within months, while others may take years, depending on complexity and court schedules. We will give you a realistic timeline based on your case specifics.

Question 10

What is the process for bringing a civil lawsuit for injuries in New York?

Accepted Answer

A civil jury trial in New York follows a process similar to that of other states in the U.S. Here is an overview of how the process typically works:

1. Filing a complaint: The first step in a civil jury trial is to file a complaint with the court. The complaint outlines the plaintiff's allegations against the defendant and the relief that the plaintiff is seeking.
2. Serving the complaint: After the complaint is filed, it must be served on the defendant. This means that a copy of the complaint must be delivered to the defendant in a way that is authorized by law.
3. Responding to the complaint: After being served with the complaint, the defendant has the opportunity to respond by filing an answer. The answer typically denies the allegations made in the complaint and may include counterclaims against the plaintiff.
4. Discovery: The discovery process allows both parties to gather information about the case. This can include exchanging documents, taking depositions, and requesting answers to written questions.
5. Pretrial motions: Either party can file pretrial motions to ask the court to make certain decisions before the trial begins. For example, a party might file a motion to dismiss the case or to exclude certain evidence.
6. Trial: If the case is not resolved before trial, it will go to trial before a judge and a jury. The trial begins with opening statements by both sides, followed by the presentation of evidence and testimony by witnesses, including expert witnesses such as doctors, nurses, economic and vocational experts, and liability experts such as accident reconstructionists and engineers.  The parties then give closing arguments, and the jury deliberates and reaches a verdict.
7. Appeal: If either party is dissatisfied with the outcome of the trial, they may file an appeal to a higher court to have the decision reviewed. 
8. 
It's important to note that this is a general overview of the process and that the specific details of a civil jury trial can vary depending on the case and the court.

Contact the Premier Negligence Lawyera in New York

Do you have questions about filing a negligence lawsuit for injuries in New York? One of our experienced New York negligence attorneys can speak with you today about the possibility of filing a lawsuit and holding a negligent party accountable for injuries. Contact (http://www.lvlawny.com/)Leitner Varughese Warywoda PLLC to learn more about the services we provide.

Question 11

What are my legal options?

Accepted Answer

Accidents can happen at any time, and when they do, they can result in severe injuries and significant financial losses. If you have been injured in an accident due to someone else's negligence, you have legal options available to pursue justice and compensation. In this blog post, we'll explore what options you have.

Personal Injury Lawsuit

One of the most common and effective legal options available to you is to file a personal injury lawsuit. In a personal injury lawsuit, you can hold the responsible party accountable for their negligence and recover compensation for your losses. To win a personal injury lawsuit, you need to prove that the other party was negligent and that their negligence caused your injuries.

Filing an Insurance Claim

Another option is to file an insurance claim with the other party's insurance company. This option may be appropriate if the other party has insurance coverage for their negligence. You can file this claim on your own, or with the help of a personal injury attorney, who can negotiate with the insurance company on your behalf.

Workers' Compensation Claim

If you were injured while at work, you may be eligible for workers' compensation benefits. Workers' compensation benefits are designed to cover medical expenses, lost wages, and other expenses related to the injury. Your employer is required to carry workers’ compensation insurance, and you may be entitled to these benefits even if the accident was your fault.

Negotiated Settlement

In some cases, you may be able to reach a settlement outside of court with the responsible party. A settlement is an agreement between you and the other party, where they agree to pay you a certain amount of compensation in exchange for dropping any legal action against them. A settlement can be useful for avoiding a lengthy legal battle, particularly if you're looking to recover compensation quickly.

In conclusion, if you're injured in an accident due to someone else's negligence, you have legal options available. You can file a personal injury lawsuit, file an insurance claim, file a workers' compensation claim, or negotiate a settlement with the responsible party. Each option comes with its unique advantages and challenges, and you should consider hiring a personal injury attorney to help guide you through the process and maximize your chances of a successful outcome.

Question 12

What happens with my case after a lawsuit is filed?

Accepted Answer

Although there are variations, depending on where your lawsuit is filed, you can generally expect the following:    
 
1. We will hire a private process server to hand-deliver a copy of your lawsuit to each defendant in your case along with interrogatories and a request for production of document.
2. We will prepare written “request for production of documents” (a device which allows us to get important documents and photographs from the defendant together with answers to certain key questions by his or her lawyer and insurance company).
3. Typically, the defendant’s insurance company will hire a lawyer to represent the defendant.  Within 30 days of being served with our complaint, this lawyer will then file an “answer” to our lawsuit and will send it to us along with their own “request for production of documents” to which we must respond.  We will work with you to answer defendant’s requests in the form of a “Bill of Particulars” (a document in which we describe our allegations against the defendant more specifically).  After consulting with you, we will prepare a response to each of the defendant’s requests for production of document.
4. Once written discovery is completed, the parties will take “depositions.”  Depositions are interviews conducted in a lawyer’s office, under oath, with a court reporter present to record all of the questions and answers.  We always meet with our clients before their depositions take place.  Shortly thereafter, we will depose the defendant and other relevant witnesses relevant to our claims.
5. Once written discovery and all depositions have been completed, we file a document with the court called a “Note of Issue” which includes a “Certificate of Readiness”.  This document advises the court that all discovery is complete and we are ready to be placed on the trial calendar.  As we await a trial date, the attorneys involved often explore settlement by simply talking among themselves, or by agreeing to use various methods of Alternative Dispute Resolution such as mediation.  This is where a neutral mediator would sit down with the parties outside of court, hear all arguments, and seek to help them reach a fair settlement that is equitable to all parties involved by offering his/her recommendations.  Although we prepare all of our cases with trial in mind, once it becomes clear that a case will not settle, we will prepare accordingly for trial.

Question 13

What factors determine the value of my personal injury case?

Accepted Answer

The value of your personal injury case depends on several factors, such as the severity of your injuries, the impact on your daily life, and the strength of the evidence. Our personal injury lawyers will review your case details to provide an accurate estimate of its potential value.

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