What is the first step in a personal injury case?

Investigation of the facts is the first step. Many times there are situations where our investigators and experts will immediately need to evaluate the accident scene. This is important to ensure that potential evidence is preserved. 

What legal fees are involved?

Lipsitz & Ponterio handles personal injury cases on a contingency fee basis. Our legal fee is payment for the time and commitment we devote to your case. This fee is a percentage of the money we recover for you in your lawsuit, generally 33 1/3 percent. If there is no recovery, you will not pay us a legal fee. Most personal injury lawsuits also include out-of-pocket expenses, such as the cost of copying medical records, court imposed filing fees and the cost of hiring expert witnesses. These out-of-pocket expenses are called disbursements, and we pay ourselves back from your recovery in the lawsuit before calculating our contingency fee. This is the standard manner in which lawyers handle out-of-pocket costs in personal injury cases.

It is our practice to discuss fees and disbursements with our clients in an open and honest manner. It is important to us that you fully understand all aspects of our relationship with you, including legal fees and disbursements. Lipsitz & Ponterio's experienced and hands-on attorneys guide you through he attorney/client agreement.

If I am injured in an accident, what are my rights?

If you are injured due to the negligence or wrongdoing of another person or entity, you may be entitled to pursue a claim for medical expenses, lost wages, lost benefits, pain and suffering, permanency of your injury and loss of enjoyment of life. Strict time limitations vary depending on the nature of the personal injury claim. Therefore, it is extremely important that you contact us immediately to determine exactly what rights you have and what time limitations may apply to the facts surrounding your injury case.

What is the main area of your practice?

Lipsitz & Ponterio, LLC, is a civil trial litigation law firm experienced in representing the interests of people who have been seriously injured. Our main area of practice is focused in mesothelioma/asbestos litigation, as well as personal injury claims. We will vigorously represent your interests from start to finish. Our attorneys have excellent trial skills, detailed command of all of the facts of the case (including the medical conditions), the ability to evaluate complex liability situations, and most importantly, the ability to understand the client's needs to secure the best possible settlement or verdict.

Personal injury is a constantly changing area of the law, and in most cases it is not reasonable to expect general practice lawyers to handle your personal injury case. A large percentage of our firm's cases are referred to us by other lawyers who know that Lipsitz & Ponterio has the talent and experience to obtain the best possible results for its clients.

What are my rights as a client?

You have the right to an attorney who is capable of handling your case competently and vigorously from start to finish. You have the right to be treated with courtesy and consideration at all times. Your telephone calls will be returned without delay, and your questions will be promptly answered. You have the right to be charged a fee that is reasonable and the right to have the fee arrangement completely and fully explained to you at the beginning of your relationship with us. We will keep you informed as to the status of your case. As a client of Lipsitz & Ponterio you have the right to privacy in dealing with your attorney and to have your confidential communications protected at all times.

How long can I wait to bring a legal claim?

Under New York State law, the time limits for bringing an action for personal injury may vary depending on the type of case. In certain cases, a written notice of claim must be filed within ninety (90) days following the date of the accident. It is important to secure a lawyer as soon as possible after the injury to ensure your case is filed within the proper time limitations and in order to investigate all of the facts and to preserve the evidence. Each case involves unique circumstances and situations that will be carefully analyzed and addressed throughout the process of our firm's investigation into your claim. 

How long will my case take to be resolved?

Depending on the type of personal injury claim involved, the process of securing proper compensation in your personal injury claim can range from six (6) months to a few years. Our considerable experience and knowledge of the local court system enables us to move your case along promptly and efficiently.

What if a family member is killed in accident?

A wrongful death claim is a lawsuit filed after a person dies due to the negligence of another. Wrongful death cases occur in a number of different situations, including auto accidents, construction accidents, medical malpractice, and product liability cases. The point of a wrongful death case is to secure full and fair compensation to survivors of injured victims.

Survivors who are eligible to collect money damages are the ones who were dependent upon the deceased. Generally, this would include a widow and minor children. A wrongful death case also seeks recovery for the costs of medical care and treatment related to the injury which caused the death.

What rights do I have if I am injured on someone else's property?

New York State law requires that property owners use reasonable care in maintaining and keeping their property safe to avoid conditions that could cause injury. While not all accidents occurring on the property of another are compensable, there are many situations that may be caused by the owner's negligence. These are called premises liability cases. Property owner's insurance coverage, such as homeowners, commercial or renter's insurance, not only covers accidents on the property itself, but may also provide coverage for some accidental injuries caused off their premises.

Premises liability cases include: slip and fall, dog attacks, assault and battery cases, toxic exposure cases and personal injuries that have occurred as a result of defects on property which were either caused or allowed to exist because of the owner's negligence. Lipsitz & Ponterio, LLC has extensive experience in pursuing client's rights in premises liability cases to obtain full and fair monetary recovery.

If you or someone that you love has been injured as a result of negligence, please contact us for a free and confidential case evaluation.