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 [link to contingency fee page] 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.

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.

FOREIGNERS CAN TAKE A STAND, TOO!

Are you from a foreign country 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.

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.