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Frequently Asked Questions

  How do I know if I have a personal injury lawsuit?If you have been physically injured as a result of someone else’s conduct, you may have a personal injury lawsuit.  The injury may have been caused by an individual (for example, if a doctor misses a diagnosis) or by a corporation (for example, if a pharmaceutical company fails to warn of a side-effect tied to one of its drugs).We will review your case free of charge to see if you have legal grounds to file a Complaint.

 

  How long do I have to file a lawsuit?The amount of time you have to file a lawsuit varies from state to state and also depends on the nature of the claims you are alleging.  For example, if you believe that a drug manufacturer failed to warn about a particular side effect (a negligence lawsuit), you must file your lawsuit within 2 years if you live in New Jersey or 3 years if you live in New York.  These time periods, known as “statutes of limitation,” can be very trick to calculate, so if you think you have a claim, you should consult an attorney right away.

 

  How do I decide who to sue?Sometimes, determining who to sue is easy. If you think a drug maker lied about the effectiveness of a drug, you would sue the drug maker.  If you believe a doctor mishandled a surgical procedure, you would sue the doctor.  However, if the facts of your case reveal that a hospital or other doctors who provided treatment to you made mistakes that led to your injury, you would include them in the lawsuit as well.

 

 

 

  How much will it cost me to file a case?We handle most of our personal injury cases on a contingent fee basis, meaning there is no cost to you unless there is a settlement or trial verdict in your favor.  Our fees (generally 33 1/3 %) and litigation expenses are deducted from any settlement or verdict amount.

 

  What records will I need to have?For any lawsuit in which you are alleging bodily injury, you should collect any and all medical records from every doctor or hospital where you were treated.  If you are suing a drug manufacturer for an injury caused by the manufacturer’s drug, you will want to collect the medical records of your treatment, as well as the pharmacy records that prove you were prescribed the drug.  For cases involving auto accidents, boating accidents, or construction accidents, you also will want to collect any police reports or other reports prepared at the scene of the accident.You also should consider creating a timeline, or chronology, of the events leading up to your injury and the care and treatment you received.  In addition, preparing a list of all persons or companies involved may be helpful.  It does not take very long to forget the details of what happened to you.

 

  What is the burden of proof that I will need to establish in order to win my lawsuit?Personal injury lawsuits are civil lawsuits, not criminal lawsuits.  In order to prevail in a civil lawsuit, you will need to establish liability by a preponderance of the evidence.  In percentage terms, this would be 51%.  In other words, if you prove that it is more likely than not that the defendant caused your injury, you win.

 

  How much money can I expect to receive from a personal injury lawsuit?Any monetary award will generally include compensation for all of the medical expenses you have incurred (even if they have been covered by insurance) and for the “pain and suffering” you experienced as a result of the incident and the injury.  The amount awarded for pain and suffering is determined by the jury.