Is My Case Frivolous?
Accidents are the number one cause of death and disability in the United States and a leading cause of poverty, so it’s not surprising that people consider whether they should sue the responsible party when they’re badly hurt and suffering financially. That said, not every accident gives rise to a lawsuit and courts penalize attorneys for bringing frivolous claims. In New York, an attorney must affirm that the action is “not frivolous” before filing an action in court. Most people don’t like to think of themselves as cheap selfish people suing their neighbors for a buck, but if you’re seriously injured due to their carelessness or recklessness, being shy won’t pay your bills. The best way to find out if you have a case worth pursuing is to speak to a reputable personal injury attorney in NYC to discuss your accident. Wittenstein & Wittenstein has been providing legal advice and representation to injured people for over sixty years. Call 718-261-8114 for a free consultation to find out whether your case is worth pursuing.
Frivolous Cases and Contingency Fees
In order to provide access to people that cannot afford an attorney, personal injury attorneys in NYC are allowed to use contingency fee retainers that forgo payment until the case is settled or a verdict comes in from a jury. The attorney usually pays the expenses of the case in addition to investment time and if the case is dismissed or dropped the attorney collects nothing. This arrangement means that personal injury attorneys in NYC need to be very choosy about the cases they sign up so the chance that they’ll push you into pursuing a frivolous case is pretty slim. That’s why it’s always a good idea to call a Queens, Bronx, Manhattan and Staten Island personal injury attorney after an accident to find out if you have a case.
What’s Frivolous and What’s Not?
Some cases are obviously frivolous, such as suing your neighbor for missing a spot of ice that caused you to slip and fall and scrape your knee, requiring a bandaid, but no medical treatment. This case is frivolous because even though your neighbor was negligent, your injury was so minor that it didn’t merit a lawsuit. Other cases are obviously worth pursuing such as getting hit in the rear by a drunk driver and sustaining a broken leg that kept you from working for six months. Here, not only is the conduct negligent, the injury had a large impact on your life, so it’s clearly worthwhile to bring a legal action. There are so many different types of accidents and so many levels of injury, it’s not always so simple to distinguish the meritorious from the frivolous. For example, your neighbor’s dog gets into your yard and bites your child, requiring medical treatment and resulting in permanent raised scar. Your neighbor won’t be happy when you sue, but you have to pay out of pocket for the medical treatment and the disfiguring scar will require plastic surgery. If you’re not sure what to do, call an experienced personal injury attorney in NYC to discuss your case. Wittenstein & Wittenstein has been providing legal advice and representation to injured people for over sixty years. Call 718-261-8114 for a free consultation to find out whether your case is worth pursuing.
Brooklyn Car Accident Attorney
In order to sue for personal injuries for a car accident, you’ll need to show how the injuries were caused by another driver’s negligence or recklessness. Sometimes it’s not so clear, such as cases where both drivers claim the other went through a light or cut them off. Most car accidents don’t have witnesses, so it’s not so easy to prove who’s at fault, that’s why it’s important to hire a Queens, Manhattan, Staten Island, Bronx and Brooklyn car accident attorney with a great deal of experience. Wittenstein & Wittenstein has been providing legal advice and representation to injured people for over sixty years. Call 718-261-8114 for a free consultation to find out whether your case is worth pursuing.
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