New York Car Accident Legal Questions

Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. Many people use this site to ask what their case is worth. Our answers are always: Get in touch with a personal injury lawyer in your area. That is the best way to get the best result in your case... Read Answer

John Bisnar Your worry is totally understandable.  However, what you have described is normal. Negotiating between prosecutors and defense attorneys is normal.  It happens in nearly every case.  Negotiation discussions are not admissible in a trial.  Prosecutors believe everyone is guilty or they would be duty bound to drop the charges.  So a jury will not know of the settlement/sentencing plea bargaining going on between the attorneys.  Another point is that a defense attorneys statements are not the statements of the accused, therefore “hearsay”.  “Hearsay” of this type is never allowed into evidence. Remember that a jury will decide guilt or innocence, not the judge.  The judge will do the sentencing according to the sentencing guidelines. The best criminal defense attorneys are usually going to have a very good working relationship with the prosecutors.  This helps facilitate the smooth functioning of the process and if the defense attorney has a good reputation with the prosecutor, it will help a lot in a plea bargain.  If the prosecutor knows the defense attorney and knows he is highly skilled, the prosecutor will usually agree to a much for favorable plea bargain for the defendant. John Bisnar Bisnar|Chase,California Personal Injury Attorneys Trusted Professionals.  Proven Results. www.BestAttorney.com 800-956-0123... Read Answer

In Pennsylvania the lawyer gets the fee specified in the written fee agreement that is required by Pennsylvania law. Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net  ... Read Answer

Anyone injured in a motor vehicle accident in NY is automatically entitled to no fault benefits. No Fault is primary insurance and your private insurance company will not pay once they find out it is auto accident related injury. You must report the accident to your automobile insurance carrier and be sure to submit your application for no fault benefits within 30 days of the accident. Hope this helps. Jeffrey M. Rich, Esq. www.richandrich.com  ... Read Answer

Pursuing compensation is a personal preference.  Based upon the facts you shared, you are entitled to compensation.  Choosing to seek that compensation or not, is up to you.  There is not moral or legal obligation for you to pursue or not pursue compensation in the situation you described. Do you need a lawyer?  Not necessarily.  There is no requirement to hire a lawyer to make a personal injury or traffic accident claim. A good lawyer will make the claims process much easier for you.  Insurance company statistics say that people who hire attorneys to pursue personal injury claims almost always recover more money using a good attorney than without one.  However, in a claim of your size, you could do as well or better (net recovery to you) representing yourself than you could with an attorney representing you...if you know what to do and have the patience to do it. I suggest that you wait to see how your injuries heal before you decide.  The bigger the injuries, the more you need an attorney, in most cases. If you are going to consider handling the claim yourself, educate yourself about the process.  There are a number of good books that will explain and guide you through the claims process.  You can get a copy of one of my books, The Seven Fatal Mistakes That Car Wreck Your California Personal Injury Claim, by going to Amazon.com or my website, http://www.bestattorney.com/books.html.  Although my book is designed for California claims, its principals may serve you well. My best advice to you is to consult with a local personal injury attorney who has lots of successful experience with traffic accident cases.  The best personal injury law firms will provide you a free, no obligation consultation.  If you don't know of an appropriately qualified attorney, look in the upper left hand corner of this page.  Click on the "Find a Lawyer" button and go from there. Good luck to you. John Bisnar, Bisnar|Chase, Auto Accident Attorneys, www.California-Lawyer-Attorney.com, 800-956-0123.... Read Answer

Your best bet is to consult with a local attorney with a great reputation and a long list of successful cases who has been practicing primarily in the personal injury field for a long period of time.  Most such attorneys will provide you a comprehensive, confidential, free consultation.  This was you can be fully advised of your rights, your options, likely outcomes and your time limits. You can start your search for such a personal injury attorney by going to the "Find A Lawyer" button in the upper left hand corner of this page.  You can also find some of the best personal injury attorneys by Goggling "Best Personal Injury Attorneys in New York".  The organic search results will provide you a number of viable options. John Bisnar, Bisnar|Chase, California Personal Injury Attorneys, www.California-Lawyer-Attorney.com, 800-956-0123.... Read Answer

The fact you where involved in a Automobile Accident with a District Attorney has no bearing on the case. You could either contact your insurance agency or an attorney. The first thing you should do is call the Police and give them the plate number of the car that hit you and fled the scene.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email responses do not form an attorney-client relationship. In the event that you would like to enter into an attorney-client relationship with me, please call 888-269-0688 to make an appointment.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Lawwww.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 TwitterFacebook  ... Read Answer

The problem you will have in bringing a case is that as the truck owner, you had access to information, and charged with a duty, to know the towing capability of your own vehicle. Your reliance on the words of the dealer may not be deemed 'reasonable', as a matter of law. Gerry Wendrovsky, Esq.www.upperwestsidelawyer.com    ... Read Answer

Mistakes do happen, and it sounds like your attorney made an error by giving you more than you were entitled to.  Legally, you are obligated to pay it back, as they are not your funds.  If the money has been spent, it is best to speak to the attorney and explain the situation.  It was his/her error. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read Answer

Unfortunately, where an insurance carrier takes the position that it is 50/50 liability, the only way to collect a sum that reflects a greater percentage(based upon an assessment of damages), is to bring suit. The insurance industry knows that the injured party has only a certain amount of patience to await a trial or protracted litigation; few people pursue matters solely based upon 'principle'. Gerry Wendrovsky, Esq.   http://www.martindale.com/Gerry-M-Wendrovsky/485563-lawyer.htm?b=Y&opredir=1 http://www.lawyers.com/New-York/New-York/Law-Office-of-Gerry-Wendrovsky-3914135-f.html  ... Read Answer