In the field of personal injury law the question comes down to whether a person or entity is liable for the injuries you sustained or for the wrongful death of a loved one. In other words, was there a negligent act caused by the potential defendant which caused the harm. If, for example, you or a loved one was hit by a car while jaywalking, but the car was speeding at a dangerous rate, the driver and owner of the car may be liable for negligently driving at a high rate of speed.
Legal fees in personal injury law are based on a contingency meaning you only pay when you’ve won. The typical contingency fee in a New York State personal injury case is one-third (33.33%) of the award.
If your personal injury case is a medical malpractice case in New York State, then the contingency fee is a “sliding scale” meaning the fee reduces as the award increases.
The typical contingency fee “sliding scale” in a medical malpractice case is as follows:
Thirty (30%) percent of the first $250,000.00 recovered;
Twenty-Five (25%) percent of the next $250,000.00 recovered;
Twenty (20%) percent of the next $500,000.00 recovered;
Fifteen (15%) percent of the next $250,000.00 recovered;
Ten (10%) percent of any amount recovered over $1,250,000.00.
If you lose your case then you pay no legal fees.
Medical malpractice is when a healthcare professional did not perform their duties to a standard of care that caused harm to the patient. Medical malpractice is another way of saying medical negligence. A number of factors must be present to be considered for a medical malpractice case:
Was the level of care below standards? Was there negligence on the medical professionals part? Did the malpractice cause serious injury or death?
If the answer is yes to any of these questions you may have a case.
Statute of limitations means how long someone has to file a lawsuit after an injury has occurred.
In New York State the plaintiff generally has three (3) years to file for a personal injury case such as a car accident.
For medical malpractice cases in New York State the statute of limitations is generally two and one-half (2 ½) years from the date of the malpractice.
For cases against municipalities like New York City the time limit to file a Notice of Claim is usually ninety (90) days from the accident date. Failing to timely file a Notice of Claim may bar the chance of bringing a lawsuit. After the Notice of Claim is filed, the plaintiff usually has one (1) year and ninety (90) days from the date of the accident to file a lawsuit.
The statute of limitations for a wrongful death case in New York State is generally two (2) years from the date of death.
If you have a question that is not listed above or curious if you have a case, feel free to contact us.