7 Misconceptions about Personal Injury Cases
- I have plenty of time to file my claim
Statutes of limitation are laws that limit the amount of time you have to file a claim. The time frame varies depending on the nature of the accident and also varies from state to state. Statutes of limitation are strict deadlines and if you fail to assert a claim within the timeframe, you may be forever barred from bringing that claim.
For New York State, see the table below:
3 Years from date of accident Slip and Fall, Car Accidents, Product Liability, Other Negligence, Emotional Distress (Negligent) 2 ½ Years (from date of malpractice or end of treatment) Medical Malpractice 2 Years from Death Wrongful Death 1 Year from act Libel/Slander, Assault/Battery, Emotional Distress (Intentional) - The case will go to trial
Not all personal injury cases go to trial. In fact, many cases settle before trial. This can be favorable for the plaintiff because it will save time and reduce hassle. - I will have to pay a large sum of money in legal fees
Many personal injury cases are conducted on “contingency basis” which means that the law firm will take only a percentage of the amount any amount collected through settlement or verdict. - Once I’ve signed a retainer with one firm, I am stuck with them
Even if you signed a retainer with one firm or attorney, you still have the freedom to change legal counsel. You must ensure that the proper paperwork is filed, and your outgoing attorney will be entitled to a lien on your case for the work performed. - This will be quick and easy because my lawyers will take care of everything
At Eisenberg and Baum we strive to make the process as simple as possible. However, it is important to remember that lawsuits require a level of involvement from all parties. Your attorney will need your cooperation throughout the case. - I was partly at fault, so I do not have a case
As humans, we sometimes place undue blame on ourselves and find ways to minimize the fault of the opposing party. It is worth a discussion with your attorney to make the determination of whether or not you have a case. At Eisenberg and Baum we will be happy to advise you. - Any lawyer or law firm can handle a personal injury case
It is important to choose a firm that has experience dealing with cases similar to yours. At Eisenberg and Baum, we are equipped with a seasoned team of lawyers who are well-versed in personal injury law.
