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Frequently Asked Questions
What is negligence?
Negligence is the failure to act reasonably under the circumstances or the failure to do something you are required to do.
Do I have a negligence
case?
In order to determine whether you have a case, we as negligence attorneys or accident lawyers will examine the facts surrounding the accident, as well as the records with regard to medical treatment. If the facts of your case support a legal claim for which you are entitled to considerable damages, our negligence law firm will undertake to represent you.
Have you been in an accident and need a personal injury attorney? New York City attorney Michael Gunzburg can help you regarding your case. Contact us today!
Do I have a medical malpractice
case?
In medical malpractice, in order to determine whether someone has a viable case, it is necessary to first review the medical records. As experienced medical malpractice attorneys we only take cases that have merit. At our medical malpractice law firm, a physician reviews the medical records and we frequently consult with other specialists. If the expert determines that your case has merit, our medical malpractice lawyers will handle your claim. Medical malpractice attorneys generally avoid cases that are frivolous or have no merit. The reason is simple. The economics of handling medical malpractice lawsuits makes such cases both costly and unprofitable for all involved. As a medical malpractice lawyer, we avoid such cases, and generally thrive cases with substantial merit and catastrophic injuries.
If I signed a consent
form, can I still sue?
Yes. A consent form only acts as a form of disclosure with regard to known risks, but does not permit a physician to act unreasonably or negligently. A consent form protects the doctor from risks that are normally associated with the procedure and explained by the physician. It does not protect the doctor from unexplained risks or actions that are remote and unreasonable. Just because you signed a consent form, doesn’t mean you don’t have a medical malpractice case. As medical malpractice attorneys, we investigate all aspects of your case including the facts surrounding the discussions had with the medical providers, the disclosures made, the information received by you, and the risks knows regarding the procedures.
If I sue my doctor, will
he lose his license to practice medicine?
Highly unlikely. When physicians are sued, they are represented by a medical malpractice insurance carrier and if found responsible, the carrier pays the damages awarded in a court of law. While a finding of medical malpractice by a court after trial must be reported to the National Databank, such information does not result in the loss or suspension of a license. Physicians' licenses are issued and controlled by the New York State Education Department's Office of the Professions. That office is in charge of the issuance, suspension and revocation of doctors’ licenses, as well as other professional licenses in New York State. For more information about the status of a physician's medical license or to file a complaint about a doctor with the Office of the Professions, contact www.op.nysed.gov.
Have you been in an accident and need a personal injury attorney? New York City attorney Michael Gunzburg can help you regarding your case. Contact us today!
Has my child suffered a
birth injury?
A newborn can suffer a brain injury or erb’s palsy during pregnancy, labor, delivery or immediately upon birth. Infants are extremely vulnerable during birth and brain injury to a child can take many forms, including cerebral palsy, quadriplegia, paraplegia, hemiplegia, various seizure disorders, mental retardation and learning disabilities. These injuries are frequently caused by lack of experience and inappropriate actions taken by physicians at the time of birth. After reviewing your records and consulting with our medical experts, our birth injury lawyers are able to give you answers as to whether your child suffered birth injuries due to medical malpractice. To find more information on our birth injury law firm or on birth injuries in general, go to our
links page.
Can I receive compensation
for my emotional distress following the wrongful
death of a relative?
Unfortunately, the law in New York does not permit a person to recover for the emotional pain suffered due to the death of a loved one. However, there can be recovery for the pain and suffering the deceased endured before his or her death. Unless the legislature changes the law in this state, there may only be recovery in wrongful death actions for losses such as lost income, lost services and the loss to a child of parental care and guidance.
If I lose my case, do I
still have to pay attorney's fees?
No. All cases are taken on a contingency basis. This means that we receive a percentage of the total amount of compensation recovered in your case as legal fees. If we recover nothing, you owe us nothing.
How long will it take for
me to get compensation in this case?
Once we undertake to represent you, we spend our time, effort and money to the fullest extent to resolve your case as fast as possible. Some law firms quickly settle their clients’ cases in an effort to generate cash flow. We litigate your case to the fullest to ensure that you recover the maximum possible. Most cases take three to five years to complete with a settlement or jury verdict.
Can I get cash to help
my family today?
Yes. There are many independent companies that offer cash advances to assist you and your family during these difficult times. However, the terms and conditions, including the interest rates, must be disclosed, closely reviewed and approved by you.
How much time do I have
to file personal injury claims?
It is extremely important that you see an attorney as soon as possible because there are often strict deadlines for bringing a notice of claim. A personal injury attorney can review your claim to ensure that it is not time barred. A statute of limitations defines how long a claimant has from the date of injury, or the date the injury was discovered, to file a personal injury claim. For example, the statute of limitations states that notices of claim involving municipalities or public authorities must be filed within 90 days; if you have not filed notice to the appropriate governmental entity within that time period, you may lose your right to sue that entity. It is thus important that you seek the counsel of an experienced personal injury attorney immediately to sort through the complex legal issues that can make it difficult to determine if it is appropriate to bring suit against a governmental body and/or which branch of government should be sued. For general negligence claims against private entities, the statute of limitations in New York is generally three years. If you fail to file a personal injury claim within that time frame, your claim may be permanently barred. Call our personal injury law firm to consult with a personal injury lawyer and to learn the applicable statutes of limitations in your case.
What kind of compensation
do most people receive for personal injury claims?
Depending on the type and extent of your personal injury, you may be eligible for compensatory damages and/or punitive damages. Compensatory damages are awarded to cover all financial expenses such as medical costs, lost wages, loss of property, and pain and suffering. In certain circumstances, punitive damages may be available if you can prove that the responsible parties acted with malice or reckless disregard.
Have you been in an accident and need a personal injury attorney? New York City attorney Michael Gunzburg can help you regarding your case. Contact us today! |
