Frequently Asked Questions
Answers to Your Personal Injury & Medical Malpractice Questions
Personal injury and
medical malpractice are both complex areas of law. After an accident or the
death of a loved one, you’re likely to have a number of questions about what you can
do and what comes next. We’ve put together some of the most common
questions we get about personal injury claims in New York and New Jersey
and provided helpful answers for you to browse. Take a look at our personal
injury and medical malpractice FAQ to learn more!
Still have questions or concerns?
Contact us today at
(800) 817-5029 to schedule a free, no-obligation consultation with one of our New York
personal injury attorneys!
Is there a consultation fee?
No. We welcome the opportunity to discuss your case with you, and you do
not pay any upfront fee for this initial meeting. We work on a contingency
fee basis only, which means that at the end of the case when there is
a recovery, either through a settlement or a jury verdict, we are paid
a percentage of the recovery.
In New York, the standard percentage is 33 ⅓% in personal injury cases;
in medical malpractice cases the fee is set by the state legislature and
there is a sliding scale contingent arrangement: on the first $250,000
the attorney receives 30%, on the next $250,000 the attorney receives
25%, on the next $500,000 the attorney receives 20%, and the attorney’s
share continues to decrease as more money is recovered.
In New Jersey the fee for personal injury and medical malpractice cases
is the same:33 ⅓% on the first $750,000.00 recovered; 30% on the next
$750,000.00 recovered; 25% on the next $750,000.00 recovered; 20% on the
next $750,000.00 recovered; any amount over $3 million, Judge to decide.
Do I have to pay expenses?
No, the expenses, or disbursements, for the case are paid by the attorneys.
At the end of the case, the attorney will be reimbursed for a percentage
of the money he/she has laid out in advance for disbursements. Also, you
can feel confident that the expenses are reasonable and necessary in order
for us to properly prepare and prosecute your case. We will account all
expenditures to you at the end of the case with a detailed listing of
How long will the case take?
It is in our interest, as well as yours, to prosecute the case as quickly
as possible. We do not want cases to linger. Fortunately, because we handle
only the cases that we choose, we are able to devote ample time to each
case to improve the likelihood that each one reaches a quick and successful
Who will be handling my case?
A partner has the primary responsibility for each and every case in our
office, including the day-to-day activity and telephone or e-mail communications.
Have you handled this type of case before?
We feel very strongly about only handling cases where we have a high degree
of experience and knowledge, which have been developed during the past
30+ years. Each of our partners has worked exclusively in plaintiffs’
personal injury and/or medical malpractice over that period of time. Ted
Goodman has also practiced in the same field for more than 25 years.
Who will pay my medical bills?
In many instances, medical bills are paid through various forms of insurance
coverage such as no-fault (in auto cases), workers’ compensation
(when the accident is job-related), and your personal health insurance
(when injuries occur in premises). Rest assured that we will assist you
in getting your medical bills paid through insurance when possible.
How much is my case worth?
Most of our cases have significant value. Often, they may yield six- or
seven-figure results. At the initial stage, it is impossible to give you
a realistic estimate because your medical condition is subject to change.
However, we are eager for you to consult with us often during the case,
and we will discuss your case’s value when the time is appropriate.
FAQs for Referring Attorneys
Will I be entitled to a fee if I refer a client?
Yes. We are extremely thankful for the confidence that you place in us
by recommending your client to our office. The ethical rules provide that
participation fees are proper and we certainly honor that principle. We
will memorialize our arrangement with you in a written document.
Will my clients be well represented?
Throughout our firm’s history, we have prided ourselves on the manner
in which clients are treated. We truly believe that your client should
be treated the same way we would want to be treated if we were the client.
Moreover, we are extremely mindful that the client, in the first instance,
is your client, and we endeavor to protect your relationship with them.