Frequently Asked Questions

Q: Why should I choose BARRY GOLDSTEIN as my attorney?

A: Look at this website, read about me and my qualifications, but MOST IMPORTANTLY, call me! Make an appointment to come in to meet with me!  Your choice of lawyer should be made based upon all factors, including the overall impression you get from the attorney. Hiring a lawyer for your "personal" injury is a very "personal" decision.  You will be dealing with this lawyer for some time regarding an issue that is very important to you.  If you don't have a good initial "feeling" about the lawyer you retain, you are not likely to feel better about it as the case progresses.  I think you will feel good about retaining me as your attorney, but if not, then there's no hard feelings, and as always, the consultation is free.

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Q: Why do I need a lawyer? (can't I do it myself?)

A: The insurance companies would love you to think that, but the fact is that when you represent yourself, you are likely to be taken advantage of.  If a Defendant's insurance company tells you your case is only worth $25,000 for example, are they telling you the truth?  I doubt it very much.  But then, how much IS it worth?  An experienced attorney will have a much better idea than you will.  Also, it's unfortunately true that our legal system has become very complex.  There are many different deadlines and due dates, many different kinds of technical documents to prepare and file, and unless you are ready to give up your daily pursuits and spend the time to learn the law, you are not likely to get it right.  One thing's for sure; the insurance companies have plenty of lawyers who will not think twice about using the legal rules to see to it that you get nothing or very little.  So the answer is: Retain your own lawyer, and leave it to an expert. 

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Q: Why should I retain a small law firm like yours instead of a big law firm, especially if I have a very serious injury?

A: One thing I have always stressed is the personal service you will receive from me and my office.  Time and again I hear stories from people who went with large firms and feel completely neglected by them.  They never get to talk to their "attorney", and, in fact, there is always a different attorney being assigned to their case.  Mostly, they just get to talk to a clerk or secretary who doesn't even know their case. 

On the other hand, if I represent you, I am your lawyer and no-one else.  I will be there with you at all stages of the litigation.  Except in very rare circumstances (such as illness or unavoidable scheduling conflicts), I will be the one appearing with you at depositions (sworn pre-trial statements) and at trial.  If a settlement is offered by the Defendant(s), I will communicate it to you and discuss it with you.   When you call my office, you will be greeted by the same staff who will know you, and who will give you the same personal service you deserve.

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Q: My injury is not "catastrophic" but it still is serious from my point of view. Could it still be a case that is worth pursuing?

A: YES.  Not all cases deal with horrible catastrophic injuries.  Of course, the more serious the injury the greater the value.   BUT LET ME MAKE THAT DECISION.  Give me the facts and I will review your case free of charge.

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Q: Can I settle my case right away or very quickly?

A: The Answer is often YES, but the next question is, for how much?  Suppose your case is worth hundreds of thousands of dollars, but an insurance representative will be happy to offer you a few thousand dollars within a few days after the accident just to close the case  Yes, you "can" settle it but you'd be foolish to do it!   Also, find out first how well you are recovering from your injury.  Perhaps you'll make a full recovery soon, but what if your doctor tells you, after a few months, that you need surgery?  If you settle your case early, for a limited amount of money, and your injury then gets worse, you are out of luck, and you are stuck with only that limited amount of money.  The best rule to follow is to wait just long enough to know the full extent of your injury (perhaps a few months, or sometimes a little longer) so that you will know what is a fair amount to compensate you.

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Q: How long will this case take to complete?

A: I don't want to sound like I'm avoiding your question, but this really is very difficult to answer.  Sometimes, a claim can be settled very quickly, perhaps within a few months.  But more likely, it will be longer.  Just "how long" is a function of many things.  Perhaps the Defendant's insurance company insists that you are really not hurt that badly, or that the accident is entirely or mostly your fault- In short, they might offer you some money to settle, but it's just not enough from your point of view.  In such a case, a lawsuit is brought, and must go through its various stages, culminating in a trial.  Of course, along the way, the Defendant may, and usually does, offer a settlement that you will want to accept before the case comes up for trial, but not necessarily.  If they don't, then it has to go to a trial and the jury (or judge) makes the final decision.  This entire process could take several years.

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Q: Will I have to go to trial? I am nervous and I don't want to testify.

A: You might be surprised to find out how common this question is, especially among older people.  Many people are afraid of the stress that they might go through if they had to testify in Court.  Well, I can't guarantee that your case will not go to trial, but I can tell you that the vast majority of personal injury cases are settled before trial.  So it's very likely that, somewhere between now and the time that you might have to testify at trial, the case will be settled.

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Q: Who decides whether to settle, and for how much?

A: YOU!  That's the simple answer.  The decision is yours.  But, of course, I hope that will have retained me so that you can take advantage of my opinion based on my experience.  I will let you know if I think the Defendant's offer is fair and reasonable.  Sometimes I might think that it is, and that you should accept it, but sometimes I might think that it's not enough, and that you should hold out for more.  But no matter what, it ultimately has to be your decision.

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Q: The accident was partly my fault. Do I still have a case?

A: Frequently an accident can be the fault of more than one person.  Even if you might be partially at fault (for example, as a driver for not signaling, or as a pedestrian for not seeing a defect on a sidewalk or floor or stairway) the other party might be at fault anyway (for example, for speeding or for creating a sidewalk or building defect).  In such cases the relative fault of the parties is fixed and apportioned, and you may be entitled to recover from the other party a proportion of your losses equal to the percentage of the other party's fault.

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Q: How much is my case worth? 

A: This is always a difficult question, and you should avoid any lawyer who is willing to make an immediate and specific "dollar amount" representation as to value without knowing all the facts. This is sometimes done by some unscrupulous lawyers who will give you over-exaggerated amounts just to get you to retain them.  But the truth is that the value of a case is determined by many things; the extent of the injury and whether there will be permanent consequences (and that might not be known at the beginning of the case); the relative fault of the parties; the ability of a Defendant to pay (which includes the amount of insurance available); the venue (location) of your claim; the quality and reputation of the Defendant's insurance company; and many other considerations.  As your case proceeds, and as this information is learned, a more specific range of value can be provided. But remember one thing, the more you get, the more I get as your lawyer; so it is in my interest to get you the most I can.

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Q: What are the lawyers fees and Court costs?

A: In almost all accident cases I work on a "contingent" fee arrangement, which means that I get a percentage of the overall recovery. There are two important things to know about this kind of fee: One, because I work on a percentage, if, in the unlikely event you get nothing, I also get nothing; there is NO FEE WITHOUT A RECOVERY.  And, two, keep in mind that I have a strong incentive to get you the highest award possible because, on a contingency fee, the more you get the more I get. 

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Q: Expenses of the case, such as Court filing fees, deposition charges, medical records fees, may be (and usually are) advanced by my office.  At the end of the case, I will pay myself back for these expenses out of the overall gross recovery. (The client is responsible for Court costs regardless of outcome).

A: All consultations on injury cases are free.  What this means is that if you e-mail me, or talk with me on the phone, or meet with me, but do not ultimately retain me,  you will not owe me anything, EVEN IF YOU DECIDE TO HIRE ANOTHER LAWYER.  Of course, I hope you will decide to retain me, but no matter what, the consultations are always free.

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