The Law Offices of
David I. Pankin

Principle Office Location

48 Willoughby Street
Metrotech
Brooklyn, NY 11201
Voice:(718) 243-2444
Fax: (718) 243-1144
dpankin@accident-online.com
 
 
 

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Frequently Asked Questions  

What do you mean by "personal injury"?  What sorts of cases does this include?
 

"Personal injury" is a broad term that means any kind of accident or occurrence that leads to bodily injury.  Here are some examples:

        -car and truck accidents

        -medical malpractice  

        -mesothelioma/asbestos cases

        -products liability (injury from a defective product),

        -injury from defective medicines (e.g., diet drugs, Vioxx, Rezulin, Baycol)

        -wrongful death cases

        -Jones Act cases for barge workers

        -FELA cases for railroad workers   

 

(Note: More information about Vioxx is contained on our weblog: follow this link to Vioxx Information.)

How much do you charge for a personal injury case?

We charge on a contingency fee basis, meaning that you will not pay us anything unless there is a settlement or a winning verdict at trial.  Typically, when we win your case, our fee is one-third or 33.3% of the total recovery, in addition to "case costs."  For some complex types of cases, we charge 40%. 

What are case costs?

Case costs are money that we pay out to others in order to get your case ready for trial.  Examples would be the filing fee required by the court and expenses for depositions and experts.  Case costs vary depending on the complexity of the case, but we always have an up-to-date balance available if you want it.

Remember that if we do not recover anything for you, you do not have to pay back the case costs to us.  This is not true of all law firms, so make sure you understand what other firms might propose to you.  Of course, we will be happy to answer any of your questions about fees or costs before you decide to hire us.

How much is my case worth, and will you guarantee success?

The "value" of your case depends on many factors, such as the extent of your injury, the amount of your medical bills, and your condition after you have finished treating.  The calculation also involves the ability of the other party to pay a judgment, and whether you played any role in causing the accident.

We will not take your case unless we think it has a good chance of success.  Even so, there are no guarantees.  All we can do is give you a fair assessment of the outcome of your case based on our experience, the injury itself, and what jury verdicts have been achieved in cases similar to yours.

My insurance agent says I can handle the case myself without a lawyer.  Is this a good idea?

Since a consultation is free, it won't hurt to ask us if we think we can help.  Having worked as lawyers for many years, we have a bias against insurance companies and what they might tell you.  This bias is based on our knowledge that no matter how nice insurance adjusters sound on the phone, they have one goal in mind above all others--to pay you as little as possible. 

Insurance companies do not work for you.  They rarely help you figure out your legal rights, and may not fully understand them.  They rarely give you a fair assessment of the value of your case.

If your injuries are significant, there are several reasons why a good lawyer can help you.  When you hire a lawyer who is willing to take a case to trial, value is added to your case in a number of ways.  A good lawyer will seek every category of damages that applies to your case, and find ways to support those damages with evidence that will be admissible in court. 

The threat of trial itself adds to your bargaining power.  Make no mistake: the insurance company knows that it's almost impossible to take a case to trial on your own. 

If you take my case, what will I have to do?

If you hire us to be your lawyers, you will be a significant part of your case team.  We will ask you to help us gather the information that we will use to support your case. 

Just as we will keep you informed about your case, you will need to keep us informed about your medical treatment and your physical limitations.  After we file the lawsuit, you will have to answer written questions called interrogatories and sit for a question-and-answer period with the opposing lawyer called a "deposition."  (Of course, we'll prepare you first, find a time that is convenient for you, and sit next to you during the deposition).  You may have to be evaluated by other doctors.  If your case does not settle, you will have to be present for the trial. 

How long will it take?

Even though many cases settle before trial, this does not usually happen until both sides have prepared the case.  Generally, lawsuits take about two years from filing to trial.  This can vary significantly in either direction based on the complexity of your case, the congestion of court dockets, and other factors. 

Our advice to our clients?  Be patient.  We are always willing to tell you exactly what is happening with your case.  In the meantime, you have to trust that we are working hard for you.

Can I talk to you about my case for free?

Yes.  If you want to talk to one of our lawyers about a case, just call on the phone and ask.  After you have answered a few basic questions with one of our staff members, we will be happy to discuss your case for free on the telephone or in our office.  Generally, it will take only ten to thirty minutes for us to decide whether or not we can help you.

 
 
 

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Office locations
Brooklyn 48 Willoughby Street - Metrotech - Brooklyn, NY 11201 (718) 243-2444
New York City 450 7th Avenue, NY, NY 10123 Suite 1304 (888) 529-9600
Long Island 999 Walt Whitman Rd., Suite 100, Melville, NY 11747 (631) 577-7930