Law Office of Barry M. Goldstein

Commonly Asked Questions

 

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Why Should I Choose Barry M. Goldstein As My Attorney?

To learn more about me, my credentials and qualifications, please visit my bio to learn more. Most importantly, call me so we can talk or make an appointment to come meet me in person. 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 are no hard feelings, and as always, I offer FREE Consultations.

Why Do I Need A Lawyer (Can't I Do It Myself)?

The insurance companies would love you to think that you don't need a lawyer, but the fact is that when you represent yourself, you are likely to be taken advantage of. If the defendant's insurance company tells you your case is only worth $25,000 for example, you have to wonder if they are really telling you the truth. Then you have to determine how much is your case worth. An experienced attorney, such as myself can give you a better idea and understanding of this. Unfortunately, our legal system has become very complex, there are many different deadlines, due dates, and technical documents to prepare and file that I will ensure get taken care of on your behalf. Most people do not have the time or knowledge of the law to handle this, so it's in your best interest to hire an attorney on your behalf so nothing is missed. Simply put, retain your own lawyer, and leave it to the expert.

Why Should I Retain A Small Law Firm Like Yours Instead Of A Large Law Firm, Especially If I Have A Serious Injury?

One thing I have always stressed is the personal service you will receive from me and my staff. Time and again I hear stories from people who have chosen to go with a large law firm and felt completely neglected by them. They never get to actually 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 law clerk, paralegal or secretary who hasn't a clue what is going on with the case.

On the other hand, if you choose me to represent you, I am your lawyer and no one else. I will be there with you at all stages of the litigation. There are very rare circumstances (such as illness or unavoidable scheduling conflicts), otherwise 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 that you deserve.

My Injury Is Not Catastrophic, But sSill Serious From My Point of View, Should I Still Pursue The Case?

Yes, you should pursue the case even if your injury is not catastrophic. Not all cases deal with horrible injuries, but let's determine if you have a case together, let me decide after I talk with you, get all the facts and I will determine if you have a case, this is Free of charge.

Can I Settle My Case Right Away Or Very Quickly?

The answer is often yes, but the next question is, for how much are you willing to settle? Suppose your case is worth hundreds of thousands of dollars, but an insurance representative offers you a few thousand dollars within a few days after the accident just to close the case, you could take the and "settle" but you would be foolish to do it. Also, you need to determine over time how you are recovering from your injury, perhaps you will make a full recovery soon, but what if a few months down the road you need surgery? Settling your case early, for less money, and your injury could get worse, I would not advise settling early for this reason. The best rule to follow is to wait just long enough to know the full extent of your injury and that you know what a fair amount of compensation is.

How Long Will The Case Take To Complete?

This is a very difficult question to answer because every case is so different. Sometimes a claim can be settled very quickly, within a few months, but more likely than not, it will be longer. There are so many factors that play a role in how long your case will take to complete. There are situations where the defendant's insurance company insists that you are really not hurt as badly as you say, or that the accident is your fault, in short, they might offer you money to settle, but they do not offer enough money from your point of view. In such a case, a lawsuit is brought, and it must go through 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 to 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.

Will I Have To Go To Trial? I Am Nervous and I Don't Want To Testify.

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. 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 going to 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.

Who Decides Whether To Settle, And For How Much?

The simple answer is, you decide whether to settle and for how much. If you retain me, 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 that that it's not enough, and that you should hold out for more. No matter what, this is ultimately your decision.

The Accident Was Partly My Fault, Do I Still Have A Case?

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.

How Much Is My Case Worth?

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 retrain them. 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 defendants 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. 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.

What Are The Lawyers Fees And Court Costs?

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 RECOVERY. Two, keep in mind that I have a strong incentive to get you the hightes award possible because, on a contingency fee, the more you get the more I get.

Will My Case Cost Me Anything?

Expenses of the case, such as court filing fees, deposition charges, medical record 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.

Do You Offer Free Consultations?

Yes, all consultations are free. That means if you email me, talk with me on the phone, or meet me in person, but do not ultimately retain me, you owe me nothing. Of course, I hope you decide to retain me, but no matter what, your initial consult is always free!