Q: What does it cost to hire you?
A: Nothing. I do not earn any fee unless and until I resolve your case in your favor, whether that happens after a trial, or a settlement.
Q: Are clients responsible for any costs that become necessary during the litigation of their case?
A: Yes.. At the end of the case, clients must reimburse my office for payments advanced on their behalf for necessities such as medical records, deposition transcripts, and expert witness fees.
Q: How long do I have to file a lawsuit?
A: It depends on the type of case. For medical malpractice cases in New York State, you have two and a half years from the time of the malpractice. However, if the malpractice occurred at a facility run by a municipality, such as New York City, through the New York City Health and Hospitals Corporation, you must act within 90 days to preserve your right to bring a lawsuit, by filing a notice of claim. If you fail to meet that deadline, you are forever barred from bringing a lawsuit in most cases.
For negligence cases that do not involve malpractice by healthcare providers, you have three years. However, the same requirement to file a notice of claim applies if the defendant is run by a municipality.
The time limitations on bringing lawsuits are known as statutes of limitations.
Q: How much of my time will I have to give to being a plaintiff in a lawsuit.
A: Generally, you and I will meet at the beginning of the investigation process, during which I determine whether there is a viable suit to bring. That could take anywhere from one to five hours. During the investigation stage, you may need to devote some time to emails and telephone conversations with my staff and me, but usually not more than a half hour per week. When it comes time for you to be deposed—that is, to be questioned under oath by the defendant's attorney about your claims—we would need anywhere from one to approximately four hours for preparation. You would then need to set aside at least one workday for the deposition. Depending on the complexity of your case, you may need more than one day off from work.
In most cases, there will come a time when you must present yourself to one or more physicians hired by the defendant for a physical examination. These examinations usually require about one hour of your time.