Is Your Personal Injury Lawyer Damaging Your Case? Watch For These Red Flags:
Keep in mind that most personal injury lawyers on Long Island are busy, hard working folks just like you. However, as the client, you have the final say in the outcome of your case. You have the right to discharge your lawyer for any reason whatsoever, including those listed below:
1. Your Phone Calls Are Not Being Returned- It seems simple, right? I can't tell you how many times I have heard or seen stories on the internet about folks who have not been able to get in touch with their attorney for years. I know that sounds ridiculous but I can post links from different websites of these actual complaints. If this happens to you, something is very wrong- hire someone new who has the time and ability to treat you like a person and not like a number at the deli counter.
2. Your Case Is Taking Too Long- Granted, many law suits in New York seem to take forever. However, a few years ago, the New York Court of Appeals put what is known as Standards and Goals for lawsuits into place, which means that once a lawsuit is filed in court, it is on a pretty strict time table. This does not mean there are exceptions, and even the simplest case at the outset can become very complicated very quickly, but, you always have the right to know the status of your case in the time line of the legal process. In fact, you are allowed to appear at any (and every) scheduled court appearance. Here's a hint: once you know that your law suit has been filed, you ARE in control. There is a New York Courts website known as E-Courts which provides you a lot of information about your pending court case. Bookmark it and feel free to follow the action from your computer. Additionally, if your case is not on any court calendar or your case is not in court and its been two years since your accident, it may be time to talk to another lawyer.
3.No Experts Have Been Designated For Your Case- Almost all personal injury cases require a medical expert and some even require a liability or biomechanical expert. Medical experts are necessary to substantiate your injuries and a liability expert may be needed to show that the defendant was responsible for the accident. If you do not have the proper expert, your case can actually be dismissed. Ask your lawyer who she or he has designated as experts. If you are not getting clear answers from your lawyer, then you should be concerned. Your lawyer should be advising you that experts are very expensive particularly here on Long Island. The cost can be anywhere from $5,000.00 to $10,000.00 and even higher, depending on the type of expert that is needed for your case. It could be that your lawyer does not have the money to spend. Perhaps your lawyer does not know who to designate. Either way you need to ask questions and get answers before your case goes to trial.
4.You Have No Idea Who Is Working On Your Case- Look at the Statement of Client's Rights and Responsibilities you were supposed to get along with your Retainer Agreement. It should contain a paragraph stating that you have the right to know who is working on your case. Granted, a firm can have many lawyers, paralegals and other support staff working on a great deal of cases. But when it comes to YOUR CASE, can you say for certain who (and it should be a lawyer) knows your case inside and out and who can answer your phone call and not have to look through your file for five minutes every time you have a question? In other words, is there somebody who knows who YOU are and what YOUR case is about? Think about this.
5.Your Lawyer Does Everything, Including Personal Injury - I am amazed at how some lawyers can handle it all. Yes, my office concentrates in personal injury cases which can be auto accident, construction, trip and fall, med/mal and nursing home neglect related. I also handle No Fault and other insurance coverage matters and collection defense because I am well versed in insurance coverage law and the District Court System in Nassau and Suffolk Counties. However, I do not handle criminal, real estate, or anything else that is not personal injury, insurance or litigation-related. If your lawyer is the real estate attorney who also handles the occasional injury case, he or she may not be the right lawyer for your particular matter. Personal Injury Law changes all the time and a mis-step can make or break your case.
Any inaction on the part of a personal injury lawyer can do substantial harm to your case. You have the right to know exactly what is going on with your case at all times. As far as I'm concerned, a client who is involved and contacts me on a regular basis is a concerned client who wants to participate in her case. I couldn't ask for a better client.
If you have any questions, including assistance on how to use the E-Courts Website, please feel free to reach me through my contact page or by phone at 631-445-7380.
Long Island Personal Injury Attorney Jeena R. Belil
Is Your Personal Injury Lawyer Damaging Your Case? Watch For The
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