Frequently Asked Questions
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1. How much time do I
have after an accident to commence a lawsuit?
2. Will I be responsible for any
costs or fees if Eisenberg & Kirsch takes my case?
3. How do I know if I have a case?
4. What are the chances that
my case will settle?
5. What is my case worth?
6. What should I bring with me when
I meet my lawyer?
7. What can I expect during my
initial consultation?
8. How soon after an accident
should I contact a lawyer?
1. How much time
do I have after an accident to commence a lawsuit?
The law regarding statutes of limitations are complex and can depend upon not only
who the defendant is but the circumstances under which the personal injury was sustained.
The length of the statute of limitations can also depend upon whether or not the
injured person was a minor. As a general proposition, intentional torts, such as
assault, false imprisonment, malicious prosecution, or libel and slander have a
one-year statute of limitations. The statute of limitations for dental, medical,
or podiatric malpractice is two-and-a-half years, although there are exceptions
to this rule, which could extend the period of time. Negligence actions that arise
out of automobile accidents or injuries that occur on a premises, have a statute
of limitations of three years. Where the defendant is a municipality or a subdivision
of a municipality, a notice of claim must be filed, usually within ninety days,
before a lawsuit can be commenced.
2. Will I be responsible
for any costs or fees if Eisenberg & Kirsch takes my case?
If Eisenberg & Kirsch takes your case, you will not be responsible
for any court costs or fees of any kind associated with the development and prosecution
of your case unless we are successful in recovering on your behalf. Under those
circumstances, those costs and fees are deducted from the gross proceeds of the
settlement or jury verdict, and returned to the firm.
3. How do I know if I have
a case?
There are two parts to every personal injury case. The first part has to do with
where the fault of the happening of the accident lies. Generally speaking, if the
accident was predominantly the fault of someone other than the plaintiff, and there
are significant personal injuries associated with the accident, then the chances
are pretty good that you have a case.
4. What are
the chances that my case will settle?
Statistically, ninety to ninety-five percent of all personal injury cases settle.
At Eisenberg & Kirsch, if we take your case, we develop and prepare the case
as if it is going to be tried so that if it does not or cannot settle, then we are
fully prepared to go to court on your behalf.
5. What is my case worth?
The evaluation of any personal injury matter can only be done on a case-by-case
basis, and depends on many factors. These factors include the nature and extent
of the injuries sustained by a client, where the fault for the happening of the
accident lies and whether or not there are any provable lost future earnings associated
with a client's injury. The nature and extent of available liability insurance is
also a significant and often times limiting factor in what the maximum amount of
any recovery could be because satisfying an excess judgment against the personal
assets of a defendant can be extremely difficult.
6. What should I bring
with me when I meet my lawyer?
In preparing for your initial consultation with your attorney, you should attempt
to put together as many records that you have pertaining to your accident. For example,
in the case of an automobile accident, you should bring with you a copy of the police
report, photographs of your car (if you have them), the names and contact information
of any witnesses that you have become aware of and copies of any medical records
you may have resulting from your treatment. Any information that you may have pertaining
to the other driver's insurance is also quite useful. In the event that you don't
have any of these documents, your attorney will see to it that they are obtained.
7. What can I expect
during my initial consultation?
During an initial consultation, your attorney will take a history from you to determine
that circumstances under which you have been injured and the nature of the medical
care that you have received as a result of your accident. As part of the history
taking process, your attorney will determine whether you have had any previous or
subsequent accidents or injuries that could effect the extent to which your current
injuries may have been aggravated by your recent accident. Because medical records
are privileged, you will be asked to sign medical authorizations permitting your
attorney to gather the medical records, which document your course of treatment,
and may also ask you to sign an employment authorization so that your work records
can be obtained where appropriate. During the initial consultation, there will be
no discussion concerning what your case may be worth because such a discussion at
the earliest point in a client's matter is premature.
8. How soon
after an accident should I contact a lawyer?
One of the most important jobs of your attorney is to conduct a prompt investigation.
Your attorney's ability to conduct a thorough investigation of the circumstances
giving rise to an injury can be greatly hampered if a client chooses to not seek
an attorney promptly. For example, when cars are badly damaged, and an insurance
company "totals" them, they are taken to a salvage yard, and in a fairly
short period of time, they are sold, which prevents an attorney from documenting
the physical condition of the vehicles. If a client falls as a result of a defective
staircase or defective sidewalk, it is important to document the physical condition that
caused the fall before repairs are made. It is in the client's interest that the
advice of any attorney be obtained as soon as reasonably practicable after an accident
so that important evidence is preserved for future use later on during the litigation
process.
