One of the most common questions I hear from prospective clients is, “What is my case worth?” Unfortunately, there is no simple answer to this question. The most important thing to understand is that as an accident victim, you are being compensated for a number of factors, some of which are unknown or uncertain at the beginning of a case.
The first consideration in formulating the value of a case is liability. Simply put, liability means fault. Whose fault was the accident? In New York, we recognize the theory of comparative negligence. That means that to receive compensation for an accident you do not have to establish 100% fault on the opposing party. You can establish any percentage of fault less the 100% and collect for the other party’s proportionate share of fault. For example, if another party is 50% at fault you can collect 50% of the total value of your damages.
The second consideration in determining how much money your case is worth is actually assessing your total damages. Your damages are your economic loss combined with your pain and suffering. Economic loss refers to out of pocket expenses incurred because of your accident. Medical bills, lost wages, medicines, household help, and transportation costs are all examples of economic losses.
Pain and suffering refers to everything that you go through physically, mentally and emotionally following your accident. Many people suffer from debilitating pain. That pain manifests itself in a number of ways including feelings of depression, anxiety, and hopelessness. The more that you are adversely affected by your accident, the greater your pain and suffering, thus the more money you are entitled to for that pain and suffering.
Further, you are entitled to recover for not only past damages but also future damages, as well. To calculate your future economic loss, it may be necessary to engage professionals such as vocational experts and economists. Once retained, these experts can develop a clear picture of your future economic losses.
Your economic damages are more objective as opposed to your pain and suffering which tend to be much more subjective. However, once you have calculated both, you simply add them together arriving at a total amount of damages. Once you have a total amount of damages, you multiply it by the opposing party’s total percentage of fault. For example, if your total damages are $1,000,000 and the defendant is 50% at fault you are entitled to $500,000.
Keep in mind that to collect the money you are entitled to, the defendant either must have adequate insurance or have the resources to pay for your damages. If the person is uninsured or under-insured and has no assets, you will not be able to collect the money you are owed. Unfortunately, this scenario arises from time to time. That is why it’s always important to maintain adequate UM/SUM insurance as previously discussed. I always recommend that you match your UM/SUM limits to your own car insurance liability limits.
You’ve hired a personal injury attorney to help you cover economic losses for you injury. He’s guided you through the process and mentions using an alternate dispute resolution rather than going to court. What exactly does this mean? What are the benefits of going this route?
Alternate Dispute Resolution refers to a growing trend in litigation whereby adversaries opt to have their disputes resolved by an independent party as opposed to the court system. It is especially relevant in personal injury law due to the lengthy court process and cost of litigation. Three main forms of Alternative Dispute Resolution are commonly used in personal injury litigation including motor vehicle accident cases. They are Mediation, Nonbinding Arbitration and Binding Arbitration. Each has their benefits and drawbacks.
Mediation is the process in which the parties to a claim or lawsuit meet with a specially trained mediator whose job is to review the case, discuss the issues and work towards bringing the parties to a mutually agreed upon resolution. This can usually lead to good results and I recommend it often.
The process is simple. Generally, the parties meet with the mediator in an office or conference room. First, the plaintiff, through his attorney, will present his version of the case stressing its stronger points. Next, the defendant will present their alternative version stressing their stronger points. After this, the mediator will speak to each party separately trying to find out how much the party is seeking to recover or willing to pay. Once the mediator gets an understanding of the case and each party’s belief of the value of the case, they will work to bring the parties to a meeting point. Depending on the mediator’s view he will usually have an amount he feels is fair and will work to settle the case within those parameters.
The mediation process can be grueling and stressful. I attended a mediation one time that lasted over eight hours. The case wasn’t even settled at the mediation. However, it was settled several weeks later. The mediation helped to get the parties within a certain range. But, it just needed a little time to pass for each side to realize that a deal could be made if each party bent a little.
I resolve about fifty percent of the cases I mediate either at the mediation or shortly after. The benefits of mediation are as follow:
The drawbacks to mediation are few but none-the-less worth mentioning:
Non-binding arbitration is, in my opinion, the least desirable form of
Alternative Dispute Resolution. It works similarly to a trial but is less formal. In this format, both parties agree on an arbitrator that acts as a judge and jury. A case is presented in a similar fashion to a trial but is done in a conference room with less formal rules. This makes it cost effective. You will not need to hire doctors and experts to testify as their reports are admissible at the hearing unlike in a trial where the experts have to testify at a cost of thousands of dollars a day.
The hearing is conducted much the same as a trial but in an expedited fashion. There are opening statements, presentation of witnesses and evidence and closing statements. The arbitrator decides the case by rendering a decision. Only If both parties agree to abide by the decision is it final. If either party balks at the decision, it is discarded. That is why I avoid this type of Alternative Dispute Resolution.
The benefit of this process, however, is that it can lead to a settlement because the arbitrator’s ruling, while not binding, is indicative of how the case may go at trial.
Binding Arbitration is similar to Nonbinding Arbitration with the exception that the parties agree to abide by the arbitrator’s decision as final. While this may be risky, it is often a great way to resolve a case quickly and cost-effectively. Usually, I will entertain this option on lower valued cases where the cost of trying will outweigh the benefit of any recovery at trial.
On the other hand, I would never suggest this type of resolution for a larger case. I am not comfortable with giving an arbitrator total control over a case when millions of dollars are at stake.
In general, Alternative Dispute Resolution has become increasingly popular as a cost-effective and faster way to resolve disputes. I would always recommend at least, exploring it as a possible means of resolving your case.
Many people wonder why a lawsuit takes so long to resolve. There are various reasons for this, including court congestion and overworked and understaffed law firms. But, one of the biggest reasons is perhaps the immense amount of work that goes into completing the necessary steps to conclude a case.
Prior to starting a lawsuit, there should be a thorough investigation of the facts. This will include gathering all information from the investigating police agency, such as a police accident report and witness statements. If the accident was severe, the police may have inspected all vehicles involved, taken photographs and mapped the scene. The map may contain valuable information such as skid marks and debris from the vehicle. This investigative information should always be obtained prior to starting a lawsuit.
Next, a thoroughly prepared attorney may want to hire their own accident investigator to review the police work, visit the scene to obtain measurements and conduct witness interviews.
The investigation of the case should also include gathering all relevant medical records from all treating providers and any past records that may relate to the same parts of the body injured in this case. This information may need to be discussed with a physician hired by the plaintiff.
Once the investigation is complete it is time to draft the Summons and Complaint. These are the documents that initiate the lawsuit once filed and served upon the defendants. The Summons and Complaint is a broad list of allegations detailing the reasons you believe the other party is responsible for your injuries and should have to pay for your damages.
Once this document is served upon the defendant, they must forward it to their insurance carrier, who will hire a law firm to represent the insured. Some insurance carriers will assign in-house counsel to represent their insured. Others will hire outside firms. Either way, the defendant has 30 days to serve an Answer to the Complaint. An Answer is a formal response to every allegation in the Complaint. The Answer will either deny, admit, or deny having enough information to answer an allegation.
Once an Answer is interposed, the parties will begin discovery in the case. Discovery in the case is usually overseen by the Court. Therefore, one party will need to request judicial intervention. That is a fancy phrase for requesting a conference with a judge. At that conference, the judge will set up a formal discovery schedule. He will also set up a return date known as a Compliance Conference, at which time it will be expected that discovery is complete.
Discovery entails exchanging all accident reports, witness names, expert witness names with their reports, insurance information, medical reports, depositions and physical exams of the plaintiff. Once complete, the judge will sign a certification order stating all discovery is complete. They will then shift the case to the trial assignment part.
From the filing of the Summons and Complaint until completing discovery it can usually take anywhere from one to two years. Once a case is transferred to the trial assignment court it will await its turn for an available judge to hear the case. This process can take up to six months to a year due to the vast amounts of cases in the system. Once a trial date is assigned the case will proceed to trial. A trial can take anywhere from a few days to a few weeks depending on the complexity of the case.
A trial entails opening statements, presentation of evidence, closing statements, instructions to the jury, deliberation, and a verdict. A case can be settled at any time during the process from the time the lawsuit is filed up to the time the jury returns a verdict.
Often, people get frustrated with the court system because of the length of time it takes to resolve a case. While the process is long and complicated, it is the best way I know of to resolve disputes peacefully.
Hiring a personal injury attorney may be the most important decision you will make regarding your motor vehicle accident case. People choose an attorney for many reasons: the attorney is close to their home; they have used the attorney before for a real estate purchase; divorce or some other legal matter; they are friends with the attorney or they have a friend in common.
If you have suffered a serious personal injury, the attorney you hire may make the difference between hundreds of thousands of dollars, if not millions of dollars. Most attorneys want to handle personal injury cases because the right case can be very lucrative. But, without the proper background and experience, the attorney may find they are quickly in over their head. They may either try and bluff their way through or bring in an attorney qualified to handle the matter to assist. The problem here is that if your case gets off to the wrong start, it may be difficult or even impossible to right the ship. Much of the groundwork for a personal injury case is laid in the first few months. So, you should find the best attorney for your particular case right from the get-go.
The good news is that in today’s information age it is easier than ever to do your research and find the right attorney for you. I would first recommend that you assess your own personal needs to see what is important to you. Some people want to find the most aggressive attorney for their case. Others are looking for an attorney with a great bedside manner. While others just want someone they trust.
You should be looking for all these things in a personal injury attorney. I believe that you should seek an attorney that will get you the most compensation, in as little amount of time as possible and with as little stress as possible. But, no matter what your goals are, there is a sure-fire method to find the attorney right for you. It just requires some work. But, believe me, in the end, the effort you put into your search will pay off.
First, ask family members, friends, and acquaintances if they have a recommendation for an attorney that focuses on personal injury. Compile a list. Once you have a list do your own research. The best place to start is with Google.
Search for car accident attorneys in your jurisdiction. This is important. You do not want to hire an attorney from outside the area where you live. So, if your case is in Suffolk County, find an attorney in Suffolk County. If your case is in Westchester County, look for an attorney in Westchester County. Although it’s not impossible for an attorney from outside your area to handle a personal injury case effectively, a local attorney will usually have developed a reputation and relationship with judges, court personnel and local defense attorneys in the area. This may prove beneficial when push comes to shove in settlement negotiations, court proceedings and/or trials.
I will never forget a recent trial I did with an outside attorney in front of a particularly difficult judge. He had excessive court rules including the way his name was written on all submissions. If you failed to put his full middle name on a submission, he rejected the papers. If you failed to address him without standing, he would dress you down in front of the jury. Knowing this, I was able to not only avoid any confrontation with the judge but was treated with great respect. Each slight misstep that my adversary made led to some very hostile exchanges from the judge. The hostility that developed between the two men was picked up by the jury. Although the jury may not have known exactly why it seemed as though the judge was unhappy with my adversary, it worked to my favor. I believe many of the jurors thought the judge was favorable to my case. That wasn’t necessarily true but worked to my advantage in receiving a sizable verdict.
Once you’ve compiled a list of potential attorneys visit their websites and see how they describe their approach to personal injury and their on-site reviews and case results page. While most attorneys cherry-pick on-site reviews, you can often get a feel for what types of attributes they have. For example, are the reviews discussing how friendly the attorney was? Do they discuss his verdicts? Or, do they focus on how quick the case was resolved?
Also, attorneys must comply with strict guidelines regarding posting case results. I doubt any attorney would put up a false result. So, see if the attorney has obtained the types of results that are impressive. Does the attorney have any jury verdicts or is every result a settlement? That may be a clue to the attorney’s aggressiveness.
Also, read the attorney’s profile and see where they were educated. Does the attorney have any awards? Is the attorney active in community service and pro bono work?
Once you’ve read the website thoroughly, go off site to read reviews from prior clients. A good attorney should have many offsite reviews. Those reviews are likely to be the most accurate because they’re not cherry-picked by the attorney. Google reviews are very thorough in screening reviewers and is a good place to start. There are also many sites that review attorney performance that can be enlightening, such as Avvo, Justia, and Lawyers.com. But be careful on these sites because attorneys can pay for sponsored spots that may make their profile look more appealing than a more qualified attorney that does not pay for a sponsored profile.
Once you’ve narrowed your list of attorneys, it’s a good idea to meet a few of the ones you like the most. Nothing is better than actually meeting the attorney face to face. The first thing I would caution is to make sure you are actually meeting the attorney you read about. A lot of firms will shuffle potential clients off on Junior Partners and Associates.
When meeting the attorney, ask them to explain your case and ask for their
take on it, their strategy and feelings about success and their plan for handling it. Remember, attorneys usually work on a contingency basis. So not every attorney will be willing to take every case.
I personally will only get involved in cases where the prospective client has suffered significant injuries. My practice focuses on maintaining a manageable caseload and this way I can provide personal attention to each case. There was a time in my career where I was handling over two hundred cases at a time. I found this to be stressful and felt I was losing the ability to get to personally know each client. I’ve since opted to limit my practice to less than 100 cases at any one time. Now I know each client personally and enjoy representing them!
Finding an attorney is like any other significant purchase you make. In the end, you must rely on your gut a little. But, if you’ve done your due diligence you will likely find the right attorney for your case.
Patchogue is often known for it’s nightlife. Once the sun goes down, you will begin to notice restaurants moving tables and turning on colorful lights. The problem is these restaurants do not have the license or permission to turn their restaurant into a nightclub. Patchogue Village Attorney Brian Egan defines a nightclub or cabaret as “The permanent or temporary removal of chairs from such an establishment to permit any live entertainment, disc jockeys, dancing, [during] hours of operation beyond normal times of dining”.
As a result in June 2018, the Patchogue Village Trustee Board have voted to ban nightclubs on Main St in Patchogue Village. The hope is to make the downtown area much safer. There is only one legally approved restaurant in Patchogue called the Stereo Garden to operate as a nightclub. The rest of them are mostly restaurants clearing their tables and chairs to illegally become like nightclubs. Paul Pontieri, the mayor of Patchogue says, “Nightlife in the village has grown to a point where some limited controls need to be put in place to help manage it. This piece of legislation does that.” The high amount of nightlife in Patchogue definitely poses potential safety hazards. It creates 3 big potential problems.
Every property owner is responsible for the safety of anyone that enters their establishment. So if someone gets injured due to an unsafe condition, it is the owner who is responsible for the injury. The problem with many of the restaurants operating as nightclubs is that they are now operating as an establishment they do not have the licenses and approval for. This could easily cause overcrowding.
Overcrowding can cause a number of issues. For one, buildings are required to have a yearly inspection by the fire department to note potential fire hazards so that the owner can make the building safe. When Patchogue restaurants convert their building into a nightclub, they are no longer under the same conditions that the fire department has inspected. Likely, the amount of people that crowd a nightclub exceeds the maximum occupancy. If the worst case scenario happens and there is a fire, it could be extremely difficult to get an overcrowded building of people outside where it is safe.
The other safety hazard with overcrowding is pushing, shoving or even trampling. This is more likely with nightclubs having an increased chance of intoxicated people present. If this occurs and results in an injury however, it is the owner of the premises who is responsible. They have created an unsafe conditions by overcrowding their establishment beyond what is considered safe.
Legal Dictionary defines Assault & Battery: “Assault is an act that creates an apprehension in another of an imminent, harmful, or offensive contact. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery is a harmful or offensive touching of another” (https://legal-dictionary.thefreedictionary.com/Assault+and+Battery). Some have commented on the fact that the nightlife in Patchogue has resulted in fights. One Patchogue resident commented, “The nightclub ban is probably going to stop, you know, a lot of fights. People get drunk, and they take the fights outside. So the nightclub ban is actually a smart ban.”.
Alcohol intoxication is known to increase chances of fighting. Over-drinking decreases inhibitions and could increase aggression. This means that even small misunderstandings could turn into a fist fight. And for criminal offices, voluntary intoxication (getting drunk) is not a defense for an assault or battery case. If you receive an injury because an intoxicated person physically assaulted you, you are entitled for compensation.
When people are out late, they are probably drinking. Restaurants in Patchogue are operating as nightclubs because of the amount of money they make from selling alcohol. The high amounts of nightlife in Patchogue increase the risk of people who are over-drinking. Ultimately, this could lead to more intoxicated driving on the road. Intoxicated drivers are incredibly dangerous to share the road with.
We recently discussed in an earlier blog post how to tell if a drunk driver is on the road and how you should respond. Pay special attention if you are driving near Patchogue village at night time. Hopefully, this ban reduces the number of intoxicated drivers in eastern Long Island.
Palermo Law has represented many injured individuals including those affected by premises negligence, assault, and drunk driving. The Mayor and Board of Trustees in Patchogue are implementing steps to make Patchogue Village a safer environment at night. However, if you have suffered an injury in Eastern Long Island, we have an office right in Patchogue and can set up a free case evaluation so you can receive your necessary compensation.