General FAQs

General FAQs

Can I afford your legal services?

Yes, you can afford our legal services regardless of your financial circumstances. Schwartzapfel Lawyers P.C. is paid on a contingency basis, meaning you do not pay us any legal fees until we recover money for you. Our firm also typically advances the costs of investigating, prosecuting and maintaining your claim and/or lawsuit. Our fees are based upon a percentage of your award or settlement, which is established by the New York State Appellate Division. In the event we do not recover, you owe us no legal fees nor reimbursement of disbursements. You owe no money whatsoever if you so choose.

Is it too late for me to get the money and benefits I’m entitled to?

Most personal injury claims have a three-year statute of limitations, meaning you must file your lawsuit within three years of the date of the accident or you waive your right to recover any money for the many losses you have suffered. However, some claims must be brought sooner, including within 2 ½ years for a medical malpractice claim and two years for a wrongful death claim. The time to file a claim for No Fault benefits is only 30 days from date of accident or the insurance company may not have to pay one cent for your medical bills or lost earnings.

In addition, the time to file a notice of claim against New York City is only 90 days. As you can see, we recommend seeking legal counsel immediately or as soon as possible. Delays can lead to lost evidence and unreliable witness testimony that could weaken or destroy your case. Call us even if you think you have already missed the deadline because certain circumstances, such as being a minor at the time of the accident, can affect when the statute of limitations starts to run. . Don’t Delay. Call now so you don’t lose your rights to hold the wrongdoer(s) responsible and collect the money and benefits you are entitled to.

How do I know if I have a good case?

Your first consultation is free, so there is no risk in letting our attorneys assess the value of your claim. If we believe you have a good case, we will tell you and immediately accept your case for investigation. We devote the time and money necessary to fully investigate the facts and analyze your legal options. We then offer our candid assessment, advise you on how to proceed and how we can best help you make a difficult situation easier.

When will I receive compensation for my injuries?

We understand that mounting medical bills and lost wages resulting from an injury can create financial hardship. We invest the attention and resources necessary to resolve your claim as quickly as possible and for the maximum amount of money. Our experience, skill, expertise, concern, compassion, dedication and determination have allowed us to expeditiously resolve personal injury and wrongful death claims.

In fact, we were able to resolve an intersectional auto accident case for the full policy limits from beginning to end in just 6 weeks with our client receiving his check in hand; we believe it is a record! The Judges, Clerks, Defense Counsel and Insurance Companies know that when our case is called for trial, we answer READY. We will keep you apprised of the progress of your case and act decisively to keep your case moving forward.

Will my case settle or go to trial?

We pursue resolution of your case through settlement negotiations, mediation or arbitration if in your best interest to do so. However, the insurance companies and opposing counsel know we are experienced courtroom litigators and are prepared to take your case to trial. We calculate the cost and time of going to trial to determine whether the settlement amount exceeds the potential award and recommend the best course of action in your case.

At the appropriate time, we perform a risk analysis to determine if our client has more to gain by accepting the insurance company’s offer of settlement than to lose if they proceed to trial.

A Lawyer Who Gives You the Answers

If you have sustained a serious injury, you likely have many questions about your rights and the legal process. Schwartzapfel Lawyers P.C. gives you important information so you can make educated decisions about your case.

Review the frequently asked questions below, and then call us to schedule your free case evaluation at 888-575-6410 so that a New York City personal injury lawyer at our firm can answer your questions and explain your case in detail.

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