Frequently Asked Questions
How am I going to pay?
At Linden Law, we offer FREE consultations and we will never charge you a legal fee unless we are successful in obtaining a settlement or verdict on your behalf. We offer our services on a contingency basis, which means you pay nothing up front, and the attorney’s fee comes out of the final settlement or recovery at the end of the case. In addition, our firm pays all of the costs and expenses of your case up front, and you do not have to pay back a cent unless you win your case!
How much is my case worth?
The value of your case depends on several factors. Generally, the determination of value is based on liability and damages.
Liability is the determination of who is negligent, or at fault, for the incident. In any personal injury lawsuit, proving negligence is the key to winning your case. You have to prove that someone’s negligent behavior caused you to sustain injuries. When you are injured by someone else’s negligence – whether it’s an automobile driver, a doctor or a dentist in a malpractice incident, or a property owner who fails to repair a dangerous condition – New York law allows you to file a personal injury claim. If you establish that the person or persons you name as defendants were legally responsible for your injury, you can obtain compensation.
The amount of compensation you are entitled to is called damages, which is the other main aspect of the value of your case is the damages. Damages is an overarching term with many aspects. Damages include:
- the amount of pain and suffering
- your ability to work and your lost wages
- the amount of medical bills
- whether there are any permanent injuries resulting in disability
- the intensity of pain
- the impact of the injury on the enjoyment of life
- the amount of medical treatment you undergo
- the need for future medical treatment
- your ability to work and earn a living in the future
The specific dollar amounts can range depending on the facts of your case, your injuries, and the impact those injuries have had on your life. At Linden Law, we have experience handling all types and sizes of personal injury claims and are prepared to handle all cases, whether big or small. To get a free evaluation of your case, contact us at (212) 804-8440.
How long do I have to file a lawsuit?
Every state has a different “statute of limitations”, which is a deadline to file a lawsuit in a personal injury case. The statute of limitations can vary based on the type of case, the resulting injuries, and even sometimes the date that an injury is discovered – even if it is long after the wrongdoing occurred. Generally, the statute of limitations for most personal injury negligence claims in New York is three (3) years from the date of your accident. Medical malpractice claims must typically be filed within two and a half (2.5) years with some exceptions. For example, a Wrongful Death claim must be filed within two (2) years.
Claims filed against the city, county, state, or any government agency are unique. Following an accident caused by a government entity or municipality in the State of New York, a person has ninety (90) days to file a Notice of Claim and one (1) year and ninety (90) days to file a lawsuit following the accident. For these types of claims, a Notice of Claim puts the municipality on notice of your intent to bring a lawsuit. This must be done within ninety (90) days of the incident that caused your injuries. Failure to do so can lead to dismissal of your case. Additionally, any claim against a municipality must be filed within one (1) year and ninety (90) days from the date of the incident. Considering the 90 day period to file a Notice of Claim, if you or a loved one have been injured as a result of the negligence of a city, county, state or government, you must contact an attorney immediately to preserve your rights. At Linden Law, we have extensive experience handling claims against these municipalities. Call now for a free case evaluation to determine if a Notice of Claim is needed for your case.
Am I a bad person for suing?
No! Most recovery settlements and judgments are paid by insurance companies. People have insurance policies specifically for these instances. Insurance companies are multi-million dollar companies that exist to compensate people who are injured and protect their insureds when they have acted negligently. If there is concern about suing someone you know, you should keep in mind that it’s not personal and the insurance company will typically be compensating you, not the individual person.
Most importantly, if you have been injured as a result of someone else’s negligence, you deserve to be compensated. You have medical bills, missed time from work, and have experienced pain and suffering due to no fault of your own. Unfortunately, we do not have the ability to go back in time and change what happened to you. The laws of our nation and state allow for you to be financially compensated for your injuries.
Will I get to speak to an Attorney?
At Linden Law, we pride ourselves on the relationships we have with our clients. We know the foundation of that relationship is communication. That’s why at Linden Law we use ALL forms of communication to contact our clients. We are always reachable by phone, email and even text message. We strive to keep our clients updated on all aspects of their cases. Additionally, our firm will never settle a case without our client’s permission. You have the ultimate say in the settlement of your case.