Statute of Limitations Frequently Asked Questions

The most important thing to remember about all personal injury cases is that there is a statute of limitations.  If one does not file suit before the statute of limitations expires, they will be barred from bringing a claim.  What your statute of limitations is differs depending on how the injury occurred and who the parties are.  For example, in general, the statute of limitations for medical malpractice is shorter than most other personal injuries with a variety of limited exceptions such as when the continuous treatment doctrine is applicable and the discovery of certain foreign objects.  The law affords children more time to pursue their potential cases but there are still limitations.  Cases against certain municipalities require the filing of a Notice of Claim or other claim forms some as early as within 90 days of the incident.  Even certain federally funded institutions are sheltered by a shorter statute of limitations than the average personal injury case.  Because of the broad array of statute of limitations, it is imperative that one speaks to an attorney as soon as possible to ensure their rights are protected. 

Attorney Fees
Attorney’s fees for personal injury cases are paid on a contingency fee basis.  This means that unless financial compensation is recovered for you, you are not responsible for attorney’s fees.  For most personal injuries cases fees are 1/3 of the net recovery.  Fees for medical malpractice cases are on a sliding scale and start at 30% and go down to 10% based on the amount recovered.  Federal court cases place attorney compensation at 25% of the net recovery. 
   
Medical Malpractice

1. What is medical malpractice?
Medical malpractice occurs when a medical provider deviates from accepted medical standards and that deviation causes injury to a person.  In essence, they are errors that could and should have been prevented. 
    
2. How do you determine if you have a case of medical malpractice?
To determine if you have a case, a medical professional needs to review your records to determine if you have a case.  In New York State, one cannot commence a lawsuit against a medical provider unless a medical expert determines there was a deviation from generally accepted practice.  To avoid any conflicts, our experts are all outside of this local area and they will give us completely objective opinions as to whether you have a case.  The purpose of this law is to prevent frivolous claims from being filed.