At Isaacson, Schiowitz & Korson, LLP, we care about making you feel comfortable and answering any questions you may have in relation to your case. Please see below for a list of frequently asked questions about personal injury, medical malpractice, nursing home negligence, product liability, and wrongful death. Do you have a question not listed below? Contact us, and we’ll be happy to answer it for you.
Do I need to speak to a Long Island accident attorney if I am involved in an accident?
It is imperative to speak to an attorney as soon as possible to learn about your rights and ensure they are protected. There are many deadlines for the various personal injury claims we handle. It is essential that you speak to a Long Island accident attorney before your time runs out. In addition to deadlines, with each passing day, important evidence may disappear, the investigation becomes more difficult and costly, and memories of crucial information and details fade.
Why is it not in my best interest to cooperate with an insurance representative who represents my adversary?
An insurance adjuster seeks to protect the interests of the insured party and their insurance company. This means eliminating or reducing the possibility of paying you any money, obtaining your signature on a release, and paying you far less than the amount you should receive. Their job is to help their employer and the person they represent who caused your injury; their job is not to help you. You should have an experienced Long Island accident attorney working to protect your rights. You should never give a written or recorded statement to an investigator or claims adjustor for an insurance company representing your adversary without first consulting with an attorney. Additionally, never sign or fill out any papers sent to you by an insurance company without the advice of a Long Island accident attorney.
How strong is my case?
There are many factors that enter into the evaluation of your personal injury or medical malpractice claim. However, three things are needed to have a good personal injury or medical malpractice lawsuit: Liability, Damages, and Collectability. Liability means that something has been done or failed to be done that caused harm to you. Damage is the harm and its extent. It includes the severity of your injury, how long you may be disabled, the nature and extent of your treatment, and the permanency of your injuries. Generally, by filing a personal injury claim or a medical malpractice suit, a Long Island accident attorney can help you recover lost income, medical expenses, loss of services to a spouse, personal property damages, compensation for pain and suffering, and sometimes, in a difficult situation, punitive damages that you may be entitled to. Lastly, a strong case requires a company or individual with sufficient financial resources to pay you for the harm done. Often, neither the parties who may be legally responsible for your damages, nor their financial resources, are obvious. That is one more reason to speak with an experienced Long Island accident attorney who is best able to determine which people or companies may be responsible for compensating you. To take proper action, you need to be informed about your legal options.
What if an accident was partially my fault?
In Long Island, compensation is still available for persons whose injuries were caused in part by their own doing. This is known as “comparative negligence,” which means that your compensation will be determined by comparing your negligence to that of the defendant and reduced by the extent to which you were responsible. You may still benefit from working with experienced slip and fall attorneys or, depending upon the type of accident, a general Long Island accident attorney.
If a member of my family was killed in an accident, do I have the right to recover monetary damages?
When death occurs as a result of an accident, the surviving spouse or family member has the right to represent the estate of the victim and bring an action for the victim’s pain and suffering and loss of life with the help of a Long Island accident attorney. The extent of the damages will depend upon the duration of any period of survival and the extent to which the victim would have contributed to the financial benefit of their estate. It could also include the value of any services they would have performed for the family members who survived and benefited from them. Their income when living would be just one factor in determining that value. Consult a Long Island accident attorney at Isaacson, Schiowitz & Korson, LLP for more information.
My friend knows a lawyer who drafted a will for him several years ago. Should that lawyer represent me in my personal injury lawsuit?
Personal injury claims are often brought against parties who are represented by adjusters and defense attorneys hired by insurance companies. These insurance companies work hard to keep their losses as low as possible by aggressively defending claims. You can expect that your opposition will be represented by slip and fall attorneys or a Long Island accident attorney with a great deal of experience in personal injury defense. Therefore, you should hire a Long Island accident attorney with extensive experience in pursuing personal injury claims, who specializes in that area of the law and can best protect your interests.
I’m not the “suing” type. Is there any way my claim can be resolved without actually filing a lawsuit?
You should know that the vast majority of personal injury claims, slip and fall claims, and medical malpractice claims are resolved before a jury reaches a verdict at trial. Many cases are settled even before filing a lawsuit. The ultimate decision about whether to file a lawsuit at all is the client’s. At Isaacson, Schiowitz & Korson, LLP, our slip-and-fall attorneys and Long Island accident attorneys are committed to helping our clients reach a satisfactory conclusion to their claim, whether through a lawsuit and trial or through an alternative means. Our Long Island accident attorneys, personal injury attorneys, and medical malpractice attorneys are experienced in alternative dispute resolution procedures, such as mediation and arbitration. These procedures can help avoid the need to file a lawsuit altogether or can be used after a lawsuit has begun. In all cases, we take the time to explain to our clients the available alternatives, including the risks and advantages of each, so they can make an informed decision that best suits their individual circumstances and financial needs.
