NO WIN, NO FEE: WHAT YOU NEED TO KNOW ABOUT CONTINGENCY

Like anyone with financial concerns, you may be wondering if it is even worth it to file a lawsuit. You may be worried that it is too costly to try to fight for your rights, even if you think you likely have a strong case. It seems unfair: How can you try to take a stand when it costs so much money? How will you come up with the finances to file a civil litigation? What if you lose the case and can’t pay the attorney fees? When you choose to work with Wittenstein & Wittenstein, you need not be concerned about such things, because we work on contingency.

Contingency is an agreement between the attorney and the client wherein the former agrees to be paid only if the client is awarded a sum. If the client gets a favorable verdict or a settlement, then the lawyer will take a normal fee. However, if no money is granted to the plaintiff, then the attorney does not get money, either. By working on contingency, Wittenstein & Wittenstein puts itself at financial risk in order to help you seek justice.

If you believe you have a case and are worried about the financial implications of taking legal action, contact us at 718-261-8114 or law@wittenstein.com so we can help you discuss your options and figure out the next best step.

KNOW WHEN YOUR RIGHTS RUN OUT: LEARN ABOUT THE STATUTE OF LIMITATIONS

It is not a wise decision to wait when you think you have a case: Act now!

Unfortunately, the law does not have infinite patience. Lawsuits cannot be filed whenever it is most convenient to the litigant (you). According to the law, suits must be filed within a certain amount of time after the date of the incident in question. The statute of limitations is a guideline that determines whether your case is still valid or if you have waited too long to file. Its purpose is to set a calendar deadline for litigation based on a given event.
The start date for the statute of limitations is almost always the date when the incident occurred. There are two exceptions:

  • Date of Discovery: When a person could not have known they were injured, like if a surgical instrument was left inside them after surgery and was not discovered until complications arose, it would be unfair to use the date of the surgery (when the accident took place) as the start date for the statute of limitations. In these cases, the start date is the date of discovery.
  • Delaying (“Tolling”): When the person who incurred the loss is unable to file suit right away because they are (most commonly) a minor, mentally incompetent, or bankrupt, then the statute of limitations is delayed or “tolled.” To cite a common example, if the litigant was a minor on the date of loss and the statute of limitations is two years, then the statute of limitations is delayed until that person can file as an adult. The start date for the two years will then be the day he or she turns eighteen.

In New York State, the statute of limitations laws are as follows:

  • Defective Products or Devices: An action must be brought within 3 years of the date the injury occurred.
  • Personal Injury & Negligence: An action must be brought within 3 years.
    • Toxic substance exposure is counted under Date of Discovery.
  • Personal Property Damage: An action must be brought within 3 years of date of incident.
  • Professional Malpractice: An action must be brought within 2 ½ years.
    • This statute is delayed when there is a foreign object that may have been left in someone’s body or if there was continuous treatment of the plaintiff. The statute of limitations runs from the time when the foreign object is discovered (up to 1 year) or the last date of the continuous treatment.
    • If it is discovered that the medical practitioner withheld the truth about the malpractice, the statute of limitations runs for 6 years from the date when the fraud occurred or should have been discovered.
    • If an infant is the victim of malpractice, the statute of limitations can be extended by up to 10 years from the date of the act or omission that caused the injury.
  • Wrongful Death: An action must be brought within 2 years of date of death.

Those whose death came as a result of complications from involvement on September 11th have 2 ½ years from date of death.

As indicated above, the statute of limitations varies depending on the type of case you have. This is why it is of the utmost importance to pursue litigation as soon as possible after you have incurred a loss of any kind. If you have any questions regarding this matter or believe you may have a case that may expire under the statute of limitations, please feel free to contact us at 718-261-8114 or law@wittenstein.com. We are ready to help you figure out your best options and take the next step.

Wittenstein & Wittenstein knows from extensive legal experience that life-changing injuries can happen in a split second.  Our Personal Injury Attorneys at our Queens office are experts at helping victims of negligence.  An experienced Personal Injury Lawyer can get you the compensation you deserve, and a Personal Injury Attorney that knows the turf can get even better results.  Wittenstein & Wittenstein has been handling negligence cases in Queens, Brooklyn, Manhattan, The Bronx, Staten Island and Nassau County for over 60 years.  The grandchildren of our clients come to us because we get them great verdicts and settlements, and also because they know we really care.

Here’s an example of negligence, and there are many more.  Jane lives in an apartment where steam heat pipes are used to warm the building in the winter. These pipes are placed in every room of the apartment in lieu of regular radiators. However, this type of steam heat piping – which can reach scalding temperatures and cannot be controlled by the tenants – is often justify uncovered by property managers. On this particular morning, Jane stepped out of the shower and put on a towel just like she does every day. But this time she had the misfortune of grazing her arm against the pipe as she wrapped the towel around her to dry off, and the pipe instantaneously justify a large second-degree burn near her elbow that is both disfiguring and painful, so much so that the range of motion in her arm is limited until it heals. But still after it heals, it will scar, leaving behind an ugly blemish that will last the rest of her life. And she realizes that no, the property manager did not push her into the pipe, nor did he intentionally hold Jane’s arm against it. However, the property manager is still at fault for neglecting to do his job by preventing these kinds of horrible and completely avoidable accidents from happening. This pipe needed only to have an inexpensive protective cover to have saved Jane from suffering.

And this is only a mild example of the kinds of neglect that cause serious harm to people. If you believe you or someone you love has incurred an injury as a result of someone else’s negligence, you may be entitled to compensation, and Wittenstein & Wittenstein wants to come to the rescue. While we do regret your loss, we also hope you will call us at 718-261-8114 to find out what your options are and figure out the best next step in seeking justice.

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Forest Hills Accident Injury Lawyer.

DO YOU HAVE A CASE? LET WITTENSTEIN & WITTENSTEIN HELP YOU DECIDE

When you are thinking about filing a lawsuit, you have lots of factors to consider. There is the money, the time, the energy, and of course, the case itself. How can you determine whether you have a legitimate lawsuit on your hands? Wittenstein & Wittenstein, with our highly qualified attorneys and years of experience, can help you decide whether filing a suit is the right choice for you to make.

Here are a few things to consider before deciding to file a lawsuit:

  • Many people are under the impression that trials are only about determining guilt vs. innocence. This is not always the case. Lawsuits are not about differentiating the good guy from the bad guy; they are about determining what has been lost and what if any compensation is deserved for these losses.
  • When an incident occurs, there may be a dispute between the parties involved. This is where litigation comes in: Lawsuits are a way to get an impartial assessment of damages and fault.
  • Lawsuits are often lengthy. Wittenstein & Wittenstein is confident we have the patience and experience to see you through. Make sure this is something you, too, are willing to commit to.
  • Lawsuits filed through Wittenstein & Wittenstein are done on a contingency fee basis.
  • You do not need to be a citizen [link to filing w/green card, visa, etc] to file a lawsuit.
  • Wittenstein & Wittenstein will always prepare for the full trial, but keep in mind that 99% of all lawsuits we have dealt with have ended in a settlement and have not gone to trial.

If you believe you may be eligible to file a lawsuit, we hope you will contact us at 718-261-8114 or law@wittenstein.com so that we can assist you in determining your options and taking the next step.

TOURISTS AND IMMIGRANTS CAN TAKE A STAND, TOO!

Are you a tourist or an immigrant, and in need of legal assistance in the United States? Do not be afraid to fight for your rights! Wittenstein & Wittenstein can help you seek compensation for any injustices done to you.

Many non-native residents in the United States are hesitant to file lawsuits because they are afraid they do not have the same rights as citizens. But you need not feel fear: let an experienced and highly qualified attorney from Wittenstein & Wittenstein decide the merits of your case. We understand that immigrants face special challenges when filing a lawsuit in the United States. The laws of your home country may not be the same as the laws here. You may not speak English very well, so the idea of sorting through legal jargon—which is difficult even for Americans to understand—is scary. But Wittenstein & Wittenstein is dedicated to helping. With our small size, we are able to give you the individual attention you need to feel comfortable with your litigation. Additionally, we are prepared with translators on staff to assist you in making decisions. This kind of special attention cannot be found at a large firm, which is why Wittenstein & Wittenstein takes pride in its size.

It is not true that you must be a citizen to file a lawsuit in the United States. Common examples of people who are eligible to file suit are:

  • Students on Student Visas
  • Workers with Work Visas
  • Green Card holders
  • Non-citizen residents
  • Illegal aliens

If you are not from the United States but believe you have a case to file in this country, please call Wittenstein & Wittenstein at 718-261-8114 or email at law@wittenstein.com so we can help you determine what your options are and help you take the next step.

personal injury lawyer (sometimes called an accident attorney) is a lawyer who represents people that claim to have been injured, physically or psychologically, from the negligence or fault of a person, a company, a government agency. Even though personal injury lawyers are trained and licensed to practice virtually any field of law (as all lawyers are,) they choose to specialize in cases that fall under “tort law” including work injuries, automobile and other accidents, defective products, medical mistakes, and slip and fall accidents.

The expression “trial lawyers” can refer to personal injury lawyers, because even though most cases handled by personal injury lawyers settle rather than going to trial, personal injury attorneys pursue litigation to position their cases for settlement, whereas some other types of lawyers never step foot in court.  Personal Injury/Accident lawyer have various duties in serving his or her clients. These obligations include professional and ethical rules put forward by state bar associations where the attorneys are authorized.  Once they are authorized by their state bar association, legal advisors are legitimately allowed to offer counselling and guidance and to file lawsuit on behalf of their clients in state courts.  Personal Injury attorneys can also be licensed to handle matters for clients in Federal Court.

Sometimes personal injury lawyer called Plaintiff’s Attorneys, even though there are also attorneys that do defense work, representing those that are sued for personal injuries.  Those attorneys usually work for insurance companies.  Many personal injury attorneys will offer a free consultation to decide whether or not they want to take on a new matter.  Most personal injury attorneys work on a “contingency retainer,” which means that the client pays nothing unless money is collected.  This is, of course a risk for the attorney who might end up investing cash and resources for a case and will have a loss if nothing can be collected.  That’s why a smart personal injury lawyer will be very selective about what they take on.  Personal injury lawyers must follow strict ethical rules.  The guidelines do vary from State to State, but what is always paramount is that lawyers owe a duty of loyalty and confidentiality and must zealously prosecute cases for their clients.

In order to practice personal injury/accident law in the United State, a lawyer must sit for and pass at least one State Bar Examination.  Most States also require four years of college and three years of law school.  There are also graduate degrees in various legal specialities that some personal injury/accident attorneys might also have obtained.  Ask your personal injury/accident attorney about his or her qualifications.  Sometimes personal injury/accident attorney will have very narrow specialities such as a malpractice attorney that focuses their practice on a specific disease.  Other examples of narrow personal injury/accident attorney specialities include maritime law (laws of the sea), railroad or aviation accidents.

If you are injured in an accident or in some other way by the fault of another, it is always in your best interests to consult with a personal injury.  Ask the lawyer how much of their practice is devoted to personal injury and accident law.  You wouldn’t want your gynaecologist doing your root canal, so probably you don’t want a divorce lawyer to handle your accident cases.

Call Wittenstein & Wittenstein 718-261-8114, experienced professional personal injury and accident lawyers if you have any questions.  Always remember JUSTICE IS SWEET.

Statement of Client’s Rights
Section 1210.1 of the Joint Rules of the Appellate Division amended April 15, 2013
(22 NYCRR §1210.1)

1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office.

2. You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney‐client relationship at any time. (Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.)

3. You are entitled to your lawyer’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.

4. You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written
itemized bill from your attorney at reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration
in the event of a fee dispute, or upon your request.

5. You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications.

6. You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.

7. You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether to settle your matter is yours and not your lawyer’s. (Court approval of a settlement is required in some matters.)

8. You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.

9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct.

10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.

Alyce B. Wittenstein
Alyce B. WittensteinSenior Partner
From Car Accidents to Police Brutality, you can count on Alyce B. Wittenstein, Esq. to go the extra mile.

Extremely professional and they settle my case very quickly! I was extremely happy with the amount I received which was the entire policy! Highly recommended!

Anthony Sanchez

Alyce Wittentein, Esq. and Jennifer are extremely helpful and professional. They always follow up with you and ensure that you’re up to date with your case. I’m extremely satisfied with the outcome. If you ever need an attorney this is the place to go!

M.K.

Excellent service & friendly staff i barely had a case and they made sure i was compensated for my troubles, if you need a lawyer Wittenstein & Wittenstein is definitely the place to go!

Lyndon Sylvester

Amazing place! Everyone is so friendly and constantly working hard for you! Highly recommended to everyone in need of a lawyer!

Ammie Jurado

Great law firm. They were able to help us get the best out of our case.

Lasana Diawara

Very nice and helpful!

Austin Huggins

I hired Wittenstein & Wittenstein for dealing with sexual harassment I faced at my workplace. Being a girl, I was uncomfortable in explaining my feelings and other details about the horrifying incident. The female lawyer at Wittenstein & Wittenstein made me extremely comfortable and as a result I was very open about the case. They fought for my rights wonderfully. Highly recommend this law firm to everyone.

Melissa Smith

My husband was a victim of medical malpractice. We lost all hopes, all money and he was still paralyzed. My friend told me about Wittenstein & Wittenstein Attorneys. I totally agree that they treat every client with respect and concern. They fought for our right very well and also got us justice that we deserved!

Lisa Ray

I was prescribed the wrong medicines by a doctor. As a result, I became very ill. I hired Wittenstein & Wittenstein. The lawyers there are amazing. They are humble, supportive and fight for justice. I am really thankful.

MItul Prashar

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