new york attorney who will take a case

How to file a negligence claim in New York?

When you choose our New York law firm to handle your negligence case, our attorneys will: 1 Create a detailed summary of the acts of negligence from your perspective and/or the perspective of any family members 2 Contact any potential witnesses to the negligence or your injuries 3 Order medical records that document the treatment you received or will require because of your injuries 4 Consult with medical and industry experts to obtain favorable testimony for your case 5 Calculate the statute of limitations for your case 6 Determine the appropriate court for filing your case 7 Send a demand letter to the defendant (s) 8 Contact any potential insurance carriers or lienholders 9 Engage in written discovery and depositions to gather evidence for your case 10 Participate in mediation, arbitration, and/or settlement negotiations with the defense 11 Take your case to trial, if necessary

How long is the statute of limitations in New York?

Generally, New York has a three-year statute of limitations on negligence cases.

What is Parker Waichman?

The attorneys at Parker Waichman LLP have extensive experience litigating negligence cases in New York, including claims centered around traffic accidents , medical malpractice , nursing home abuse , wrongful death , defective product injuries , traumatic brain injuries , birth injuries, and fire and burn injuries. We fight for people and families harmed by the negligence of others, and we have a long history of achieving outstanding results.

Can you sue a medical facility in New York?

In New York, people can file lawsuits against physicians, medical facilities, and entities that own or operate medical facilities. These lawsuits may allege negligence such as improper medication administration, inadequate care or improper maintenance and sanitation.

What are some examples of birth injuries?

These injuries can have lifelong consequences for both the mother and the baby. One example is Erb’s palsy, a condition in which a baby is mishandled during birth, damaging the nerves of the upper arm and causing shoulder dystocia and brachial plexus disorder.

What is the cause of brain trauma?

Traumatic Brain Injury. Traumatic brain injuries usually happen as a result of a lack of oxygen or a blow to the head. Brain trauma can involve mild or severe injuries, ranging from a lapse in consciousness to a complete change in a person’s mental state or ability to perform activities they used to do.

What is the severity of a burn?

Burn Injury. If someone acts carelessly, they can cause a fire or burn injury to another person. Burn injuries can range significantly in severity, from blisters to serious damage to nerves, tissue, and/or ligaments. Burns are categorized on a scale of one to four, depending on the nature of the injury.

How much does a probate lawyer charge per hour?

Most Cases – Around $400 per hour. For most cases, probate lawyer fees are calculated by the hour. The average rate is about $400 an hour, and it varies by the attorney’s expertise and reputation. Attorneys typically require a retainer deposit of about $4,000 to get started.

What is flat fee probate?

A flat fee is a way to bill for a straightforward probate or administration case. A fee can be set as a percentage of a case or as a set amount, which is the same idea. For example, 5% or $30,000.

What is the advantage of contingency vs hourly probate?

Contingency: The advantage of an hourly case over a contingency case is that the client keeps the entire share of the estate that they are entitled to, paying only hourly probate lawyer fees. Let’s say you’re fighting for a $1 million share of an estate. If you win, it would have been worth it to pay probate lawyer fees in the amount of $50K, as opposed to giving the attorney 1/3 of the $1 million. But if you lose and get nothing from the case, you would have been better off with a contingency, paying a probate lawyer fee of $0, as opposed to paying them $50K. If you didn’t have $50K in the first place, the contingency arrangement might have been your only option anyway.

What is capped fee law?

Law firms don’t accept “capped fee” arrangements, where they work for an hourly fee but the total amount billed is capped at a certain number. For example, you can bill by the hour, but the total cannot be more than $30,000. A capped fee would give a client a strong incentive to push a case further than it needs to be pushed and to decline a reasonable settlement, to their detriment. It also gives a law firm an incentive to limit their work, which is not always great for the client. A capped fee arrangement skewers the incentive system and is detrimental to both attorney and client.

What is contingency fee?

A contingency fee is deducted from the recovery the attorney gets for the client. The amount the contingency fee is usually 1/3 of the recovery, plus expenses such as expert fees and court reporters. If the case does not win, the attorney does not get anything.

Basics of New York Defamation Law

When it comes to New York defamation law, there must be a balance between one person’s First Amendment right to freedom of speech and another person’s right to safeguard their reputation and good name. Sometimes, a person may not know what speech violates New York defamation laws and which kind is safe and permissible under the law.

Overview of Defamation Law New York

If you are facing a defamation claim, it is important to keep in mind that New York State defamation law walks the line between a person avoiding defamation following a defamatory statement and freedom of speech.

Internet Defamation of Character Law New York

Unfortunately, due to the advent of the Internet, it is now easier than ever to commit defamation against another person. This is largely due to social media websites such as Facebook and Twitter allowing instant publication that can be seen by millions of other users.

Libel, Defamation, and Slander: New York Law for Public Figures

Even though our local, state, and federal governments place a high priority on being able to speak your mind and allowing everyone their Constitutional right to freedom of speech, public figures often receive less protection than a private figure against defamatory statements in New York.

What to Do If You Are Accused of Violating New York State Defamation Law

What should you do if you are accused of making a defamatory statement in New York State? The first thing you should do when you are accused of making defamatory statements is to call the experienced New York, NY legal representatives at Mullen Law Firm.