(Above Grand Central Terminal)
New York, NY 10170
Frequently Asked Questions
How much money do I have to pay you to take my case?
If I have a case with you, how long will it be before I can expect to see compensation?
What should I do if I need money while my case is still pending?
Why should I use you instead of my family lawyer?
There are so many medical malpractice and personal injury attorneys. How do I know your firm is better than the others?
What if I’m not a legal citizen in the United States?
How can I get in touch with someone if I have a question about my case?
I think that there is something wrong with my baby. He is having trouble moving his left arm.
I recently found out that I have advanced breast cancer even though I have had routine mammograms for the past few years.
I had a difficult delivery and my baby’s head got stuck. Now he doesn’t roll over or smile. Is there something wrong with him?
My delivery process took a very long time. My baby can’t swallow food now. What is wrong with him?
I recently fell from a scaffold at my construction site and now I can’t work anymore, what should I do?
I am not certain what caused me to fall from the scaffold. Do I still have a case?
What if I am unable to work because of the injuries I sustained in my scaffold accident?
What should I do if I was a victim of an accident while working at a construction site?
What should I do if I am in a car accident?
What information should I get?
What do I do if no one else is involved in the accident?
Who should I call after an accident?
What if I don’t understand my insurance policy?
How much coverage should I have?
What if I am driving a friend’s car and I get into an accident. Will I be covered?
If my son or daughter is driving someone else’s car and has an accident will my policy cover him/her?
What should I do if I have an accident?
What if the other driver is at fault and has no insurance? Will I still be paid for my damages?
Will my policy pay for a rental car if my car is damaged?
If my car is totaled, will insurance pay off my car note?
Will use of my car in a car pool be covered?
I was recently injured in a construction accident at work. Am I risking deportation by pursuing a personal injury case?
Q: If I have been the victim of Medical Malpractice, how long do I have to sue?
A: Unlike other areas of law the statute of limitations for Medical Malpractice cases varies widely depending on many different factors. Please contact one of our experienced nurses or medical malpractice attorneys to discuss the specifics of your case.
Q: How much money do I have to pay you to take my case?
A: Nothing. We work on what is called a contingency basis. We only receive a percentage of the money that we collect for you. If we collect nothing for you, we get nothing either. The percentage that we collect is set by State Law. All of our contingency arrangements are in writing and we will be happy to go over this agreement in detail with you.
Q: If I have a case with you, how long will it be before I can expect to see compensation?
A: Unfortunately the amount of time varies. The court system has a legal obligation to process criminal cases before medical malpractice and personal injury cases. It can take years to get a trial date, so there is really no way of knowing exactly how long it will take. Be assured in knowing that we will monitor your case carefully. We will move your case along as quickly as possible without jeopardizing your rights.
Q: What should I do if I need money while my case is still pending?
A: The legal process for handling medical malpractice and personal injury cases takes a long time, and during that time lost income and medical expenses can make life very difficult. We understand this, however all attorneys are prohibited by law from lending money to clients for living expenses. If you are experiencing financial losses while your case is pending, here are some suggestions:
You may be entitled to disability benefits.
Eliminate all non-essential living expenses.
Ask a family member or close friend for help.
Consider moving in with family to save on housing.
If an obligation such as a car payment makes it impossible to pay your bills, consider replacing that obligation so that you don’t have that monthly bill.
If you have creditors that are bothering you, ask your attorney to intervene and try to defer payment until your case is over.
We do not recommend using companies that lend plaintiffs or plaintiff's families money if they have a medical malpractice or personal injury claim. Although they can provide you with money in the short-term, they have very high interest rates and in the end this will cost you disproportionately more than what you originally borrowed. This is an absolute no no and is not recommended under any circumstances.
Q: Why should I use you instead of my family lawyer?
A: Medical malpractice and serious personal injury cases are very difficult to handle properly. Your attorney should be an experienced medical malpractice or personal injury attorney who exclusively handles these kinds of cases. Your family attorney may not have the expertise and the resources to handle these types of cases. All of our attorneys are experienced in trying medical malpractice and personal injury cases. And don’t just take us at our word, read about our firm and our personal injury and medical malpractice attorneys. We have the experience to get you the money you deserve.
A: Barton Barton & Plotkin is an established law firm. We have represented clients since 1959 and pride ourselves on the personal attention that we give to our clients. We handle each case individually and make every decision based upon what would be best for our client. But we want you to feel comfortable too. Here are a few things you should ask yourself and attorneys if you are shopping around for a law firm that is right for you.
You should always ask yourself: Does the attorney I am meeting with have experience trying the type of case I have? Does he or she specialize in this area of law? Does the office have an experienced support staff to keep the process going? Do they look well organized? Is the process being explained to me in a way that I can understand? Does he or she appear to be successful?
You should always ask the attorney you are meeting with the following questions: Have you handled cases similar to mine before? What types of expenses will I be responsible for? Who will be directly handling my case? How will you keep me informed as to the progress of my case? When do we start? What information do you need from me?
Q: What if I’m not a legal citizen in the United States?
A: You do not necessarily have to be a citizen to have a case. If you have been injured or have been the victim of medical malpractice, contact us now so that we can help you get the compensation you deserve.
Q: How can I get in touch with someone if I have a question about my case?
A: Easy, please visit our contact us page. You can easily get
in touch with us by phone or email.
Q: I think that there is something wrong with my baby. He is having trouble moving his left arm.
A: Many times when a newborn is having trouble controlling the movement in their arms, it could be a sign that he or she has Erb’s Palsy. Please call us now and schedule a free consultation with one of our experienced New York Medical Malpractice attorneys or nurses so that we can help you determine if you or your child has been the victim of medical malpractice.
A: In common forms of cancer there are professional medical standards for testing and treatment. Please call us now and speak with one of our experienced nurses or failure to diagnose cancer attorneys. Our staff has expertly handled many failure to diagnose cancer cases to successful conclusions and will be able to determine if you have been a victim of medical malpractice or not.
A: Your baby may have brain damage as a result of the delivery process. Please contact us now to speak with one of our experienced nurses or New York medical malpractice attorneys to discuss your child’s situation.
A: A delayed delivery process can sometimes cause a lack of oxygen to the baby’s brain. If this causes weakened muscle control it is called Cerebral Palsy. If you think your child may have Cerebral Palsy, contact us now to speak with one of our New York Cerebral Palsy attorneys to find out if you may have a case.
A: Scaffold and ladder accidents are very common at construction sites because of the frequency with which construction workers use them. Unfortunately not all employers ensure that the equipment is safe to use. We have experienced ladder and scaffold attorneys on staff, waiting for your call. We have tried many of these types of cases with great successes and can help you get the compensation you deserve.
Q: I am not certain what caused me to fall from the scaffold. Do I still have a case?
A: The law provides absolute liability against the company that erected the scaffold as well as the owner of the buildings being worked on. We have experienced lawyers staff who can guide you through the process of obtaining a ladder and scaffolding attorney to represent your case.
Q: What if I am unable to work because of the injuries I sustained in my scaffold accident?
A: You most likely would be entitled to worker’s compensation. Please contact us now. We would be happy to guide you through the process of getting worker’s compensation. We have many very experienced paralegals who know how to help you.
Q:What should I do if I was a victim of an accident while working at a construction site?
A: If you have been injured at a construction site, you should contact an attorney immediately. There are many different types of accidents that happen to construction workers every day. These may include falling from a height, falling from a collapsed or defectively erected scaffolding, unstable ladders, cranes or sidewalk bridges, or a worker may suffer injuries because of missing, inadequate or insufficient safety equipment. In fact, approximately 66% of construction employees work on scaffolds on a regular basis.
Unfortunately, accidents on construction sites are very common and can often result in catastrophic injuries and many times death. New York Labor Law Section 240 holds both the general contractor at the job site and the owner of the property completely liable for accidents if a worker gets injured as a result of working at a height (scaffold, ladder, cranes, bridges, building frames, etc.), or if they fail to provide a safe work environment and the proper safety equipment. The US Department of Labor Occupational Health and Safety Administration, or OSHA, dictates very strict safety regulations concerning the structure and design of scaffolding. According to these regulations, each scaffold must be capable of supporting its own weight and at least four times the maximum intended load. Rules also prohibit the movement of scaffolding horizontally while in use, and the use of unstable objects such as boxes, barrels, loose brick, and concrete blocks. For more information on scaffolding regulations, you can visit www.osha.gov.
Even if you are not sure why you fell from a scaffold or what caused your construction site accident, and even if you are an undocumented alien, you may be entitled to a form of compensation. Therefore, if you or someone you know has fallen from a scaffold, lift or ladder that was defective, not properly installed, erected or constructed, or if the construction site was generally unsafe, you should contact an attorney immediately.
Q: What should I do if I am in a car accident?
A: If you are in an accident your first concern should be for your injuries. Do not do anything that might complicate or aggrevate your injuries. If you are able to help others do what you can, without moving them or doing anything else that could aggravate their injuries, then call for help. Try to remain calm until medical attention arrives. When medical attention arrives tell the emergency rescue workers as precisely as possible about your pain, numbness, and limitation of movement. Even if you do not have any injuries that you know about do not say that you are not hurt. Quite often you will begin to feel pain hours, and sometimes even days after the accident happened. If you say, "I'm not hurt," it could be a problem later even if you have serious injuries. Instead say something like, "I'll let them check me at the hospital, but I am not in any pain at this moment."
Q: What information should I get?
A: Make sure that you get the names and addresses of witnesses including authorities when they arrive.
Exchange driver's license, auto registration numbers and insurance information with the driver of the other car and get the names and addresses of passengers in the cars involved.
If a tool, piece of equipment, or other object is involved in the accident, get it "preserved.” This can mean storing it for safekeeping, taking extensive photographs, and recording model and serial numbers.
Make sure you write down notes about your injuries and their symptoms while you remember them, because this information may be very important later.
Helpful things to remember:
Make sure you try to remain polite and courteous to any police or emergency personnel and all other individuals involved in the accident. Everyone will be frazzled and emotional. Try not to make accusations or worse, automatically take the blame. We all make mistakes, and it is difficult to be in an accident. Make sure you allow the proper authorities to determine who was at fault. Do not automatically say things like, “It was my fault, I should have seen him," or "I wasn't looking."
Q: What do I do if no one else is involved in the accident?
A: If you have an accident with a parked or unattended vehicle, or cause someone else's damage other property, try to locate the property owner and report the accident. If the owner of the damaged property cannot be found, leave a note with your name, address, and phone number. You can leave this information on a damaged car or at a house where the damage occurred.
Q: Who should I call after an accident?
A: Your first call should be to the police to report the accident. As soon as possible you should report your accident to your insurance company. If your vehicle has been damaged they will have a claims adjuster contact you to work out your compensation. Remember even if the claims adjuster says something like, “We want to make sure you recover all of your damages,” or “I am going to make sure you are paid in full,” it is their job to keep your compensation to a minimum.
Things to Remember During the Damage Recovery Process:
Do not sign or initial any documents, statements or forms unless you have read them very carefully. If you can, have an attorney review them first, if you do not have one, try to have someone you trust read it and go over it with you first.
Be wary of signing anything that says "Released," or "in full satisfaction of all claims." Sometimes these words are printed on checks even if your claims are not being fully paid.
Make sure you check to see if your insurance will pay for medical expenses. Take advantage of this if you have the coverage.
It is a good idea to take careful notes of the timeline of events even after the accident. Even if you mark on the calendar the dates papers were received, when you returned to work, when you saw the doctor, you may find those notes extremely helpful at a later date after your memory has begun to fade a little bit.
Q: What if I don’t understand my insurance policy?
A: Put simply, an insurance policy is a contract between you and your insurance company. The language in the policy defines the rights that you have with your insurance company. If you are confused, or have questions about what rights you have, you should carefully read your policy. However, we understand that these policies can be long, complicated and very difficult to understand. As a client of our firm, we are happy to help you understand your rights and help answer any questions about your policy that you may have.
Q: How much coverage should I have?
A: Even the best drivers make mistakes or make a bad split second decision, that’s why they are called accidents. But accidents can result in serious injuries to ourselves, our loved ones and others involved in the accident. Given the risk of serious injury, and the costs of medical care, we recommend that everyone carry minimal limits. The more coverage you can afford the better.
Q: What if I am driving a friend’s car and I get into an accident. Will I be covered?
A: Yes, typically costs associated with injuries to others, or for damage to other automobiles will generally be covered. There may not be coverage for the damage to the vehicle you're driving unless the owner of the vehicle has collision coverage.
A: A son or daughter can drive someone else's car and still be covered by your policy, if he or she is a resident of your household and has reasonable belief that he or she has permission to drive the vehicle.
Q: What should I do if I have an accident?
A: If you are involved in any type of automobile accident, no matter how small you should immediately report it to the police and your insurance company. The parties involved should exchange their names, addresses, driver’s license numbers, plate numbers and insurance information. In addition you should take careful notes and record the date and time of accident, the names and addresses of witnesses, and if possible take pictures of the damage. You should always notify your insurance company before you authorize any repairs to your car.
Q: What if the other driver is at fault and has no insurance? Will I still be paid for my damages?
A: If you have uninsured motorist coverage your own insurance company will step in and pay as if they were the guilty driver's insurance company. If your case is filed in court, your insurance company will hire a lawyer to defend the other driver and will pay any amounts the court orders the guilty driver to pay, up to the policy limits you purchased.
Q: Will my policy pay for a rental car if my car is damaged?
A: Depending on the rights described in your policy a rental car may be paid for during the period between the accident and repair, or until such time as the vehicle is appraised as a total loss. Insurance adjusters will typically offer to pay only the least expensive rates available for rental.
Q: If my car is totaled, will insurance pay off my car note?
A: Not necessarily. The money the insurance company pays you will only be for what is called “the actual cash value” of the car and not the actual amount owed. This means the insurance company will pay for what it would cost to replace your damaged vehicle with one similar in condition and with similar mileage. Conditions such as un-repaired previous damage and tire wear are all considered in determining actual cash value. If your car has been financed, the actual cash value may be much less than the car was originally worth and how much you still owe.
Q: Will use of my car in a car pool be covered?
A: As long as the carpool is not intended as a business operated for profit, insurance protection is not affected. If you are just using your car with others to “share the cost of getting to work” where everyone takes turns driving, or paying for expenses, your policy should provide regular coverage. However, car-pooling results in an increased number of passengers in the car, so you should consider increasing your liability limits.
A:No. If you have been injured in a construction accident or sustained injuries at another place of employment you cannot be deported for bringing a personal injury case. In fact, undocumented immigrants can sue for personal injury damages sustained at construction sites and places of employment, including the full amount of their lost wages at U.S. levels. Recent cases have made it clear that the courts will not punish workers who have been injured on the job by deporting them or preventing them from bringing a case.
Employers at construction sites often hire undocumented workers for dangerous jobs, to keep labor costs low. Because this is against the immigration policies of the U.S., Congress enacted The Federal Immigration Reform and Control Act of 1986 (“IRCA”) which requires employers to obtain documentation from prospective employees verifying their identity and proving that they are eligible to work in the U.S. The IRCA does not penalize the alien for getting employment without having proper work authorization.
Recently, employers have tried to prevent undocumented immigrants from bringing personal injury law suits which were the result of construction accidents, and to prevent any claim for lost wages. Employers argued that since the immigrant was not allowed to work in the U.S., they should not have to pay for the employee’s past and future lost earnings. The courts have rejected this argument and said that because the employer chose to ignore its obligation to verify the immigration status of the worker, it now has to live with the consequences of its actions and is responsible for paying the full U.S. level of wages lost by the employee.
Because the IRCA puts the burden on the employer to verify documentation, courts protect undocumented immigrants by allowing them to bring personal injury lawsuits for injuries sustained as a result of construction accidents and other accidents while at work, and will not allow the law suit to be used as a basis for deportation.
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