Personal Injury Attorneys – Redmond Law Firm

What is Knee ligament injury means? Personal Injury Law

wplawyer — Fri, 18 Jun 2021 13:11:00 +0000

Knee Ligament Injuries may require surgery

Soft tissue knee injuries are very common after a car accident, especially if you were struck by a car as a pedestrian.

Understanding the Anatomy

Knee ligaments are tough bands of tissue that connect the bones in our bodies. The two most important ligaments in the knee are the Anterior Cruciate Ligament (ACL) and the Posterior Cruciate Ligament (PCL) which connect the femur or the thigh bone to the tibia. A traumatic impact from a car can cause these ligaments to stretch too far or even snap.

Soft Tissue knee injury symptoms

The usual symptoms you will feel to your knee are:

-pain, often sudden and severe

-a loud pop or snap during the injury

-swelling

-feeling of looseness in the joint

-inability to put weight on the joint without pain

How is it Diagnosed?

Most soft tissue knee injuries can be diagnosed through a MRI How is is treated? Typically, doctors will recommend the following to treat a soft tissue knee injury -Rest the knee-avoid an excess weight, the recommend that you use crutches when walking -Ice your knee -Compress the knee-using bandages or sleeves -Elevate your knee -Wear a knee brace-to stabilize the knee and protect it from further injury -Physical Therapy involving strengthening exercises

Surgery

If the knee does not heal conservatively through physical therapy then orthopedists will perform arthroscopic or reconstruction surgery.

If you have been involved in any kind of accident – call Attorney Neil Redmond on his Mobile Phone 646-285-7115 for a free consultation.

The post What is Knee ligament injury means? Personal Injury Law first appeared on Redmond Law Firm.

Personal Injury Law -Understanding Basics of No Fault Insurance

wplawyer — Sat, 29 May 2021 13:01:00 +0000

Understanding The Basics of No Fault Insurance in New York State

Many people involved in car accidents know that they have no fault insurance, but have no idea what it actually means.

What Is It?

No fault insurance, also known as a “first party benefit,” is insurance to cover your basic economic losses immediately after an accident regardless of fault. Most insurance policies in New York cover up to $50,000.00 in no-fault coverage. No fault will pay for your medical expenses, lost wages and most out of pocket expenses related to an accident.

Who Qualifies?

Almost anyone involved in a car accident will qualify for no-fault coverage. However, it is important to understand which vehicle covers this benefit for you.

Here are some examples:

If you are a driver, your vehicle will pay your no-fault benefits.
If you are a passenger-The vehicle you occupied will cover your no-fault benefits
If you are a bicyclist or pedestrian-The vehicle that struck you will pay for your no-fault benefits.

Exceptions

Motorcyclists generally are not covered by no-fault insurance unless they opt for special coverage on their own insurance policy.

Is Your Entire Salary Covered?

No. Most policies in New York will pay up to 80% of your lost wages, not to exceed $2,000 per month. You also will need to apply for short term disability through your employer to cover additional lost wages.

Most insurance companies will give you the option to purchase supplemental coverage.

The Strict Thirty Day Deadline

In order to receive no-fault benefits, you must apply for them within 30 days of the accident. This is done by filing a form called an NF2. If you do not file this form timely, you are in danger of forfeiting your no-fault benefits.

PIP aka No Fault Insurance

If you have been involved in any kind of accident – call Attorney Neil Redmond on his Mobile Phone 646-285-7115 for a free consultation. The Basics of No Fault Insurance in New York State

The post Personal Injury Law -Understanding Basics of No Fault Insurance first appeared on Redmond Law Firm.

Personal Injury Law -What Expenses Will I Be Charged in my case?

wplawyer — Sat, 22 May 2021 12:58:00 +0000

Personal Injury Law – Most personal injury case retainer agreements provide for a one-third legal fee contingent upon a recovery (by verdict or settlement) and will include language something like this:

The percentage fee is calculated on the amount recovered. The disbursements are deducted from the plaintiff’s settlement or verdict amount. The disbursements properly chargeable to the case are items such as investigation and expert fees.

So what’s that mean?

It means that the expenses and disbursements (we’ll give examples in a moment) are deducted from the plaintiff’s settlement or verdict amount (and reimbursed to the lawyer who, after all, advanced those items out of his own bank account).

Insider Tip #1 (You won’t like this one): Your lawyer is not permitted to guarantee you that you will not be responsible to repay his expenses and disbursements, even if the case is lost. This would violate Judiciary Law 488 which prohibits lawyers from “buying” lawsuits. It’s OK to take a case on a contingent percentage and to advance the disbursements (which are really client expenses) but telling a client he will never be liable for these disbursements is what’s prohibited. The law aims to keep attorneys from using their own financial clout to compete for clients. [That said, I know of no lawyer who ever made serious efforts to get his disbursements paid by his client after he lost a case.]

So the one-third legal fee is on the net, fine. But what are the expenses and disbursements that are “properly chargeable?”

Let’s get the easy ones out of the way first. Here are several typical plainly proper categories and also some typical amounts you might see on the closing statement. (The closing statement is what your lawyer files with the court system at the end of your case to advise the authorities of the recovery, his fee and his disbursements.):

court filing fees (e.g., $210 to start the lawsuit)
investigator (e.g., $250-$1,500 to take scene photos and get witness statements)
medical records (@$0.75 per page, this can be $100-$2,500 depending on treatment)
doctor’s narrative report – ($500-$1,500 for your treating doctor to write a report detailing in lay terms your injuries, their causation and your prognosis)
deposition transcripts (approx. $5 a page, could be $500 -$2,500 depending on length and number)
experts fees ($2,000 -$15,000 or more depending on how many doctors testify for you in court and if other experts such as engineers, accident reconstructionists, etc. are needed that can drive up this cost many thousands more)

Here are expenses and disbursements that are plainly wrong and have resulted in lawyer disciplinary action:

financial assistance to the client for personal fiancial obligations (lawyer disciplined with public censure in Matter of Arensberg)
charging client for non-existent expenses or for which the lawyer hasn’t paid (lawyer disbarred in Matter of Mann)
making loans to client (lawyer suspended in Matter of Cellino)

Here are some other expenses and disbursements that have been held may not be charged to the client, but did not result in lawyer disciplinary action:

investigator’s fee to accompany and sit with attorney at trial (Levy v. State)
new attorney to handle an appeal (Shaw v. Manufacturers Hanover Trust Co.; Siagha v. David Katz & Associates, LLP) – unless the original retainer agreement clearly and explicitly provided for such an expense to be charged to the client
ordinary office overhead

The key for clients is this:

Make sure your questions about expenses and disbursements are answered to your satisfaction, and that when you sign a contingency fee retainer agreement for your personal injury claim, it accurately and completely answers your concerns.

If you have been involved in any kind of accident – call Attorney Neil Redmond on his Mobile Phone 646-285-7115 for a free consultation.

The post Personal Injury Law -What Expenses Will I Be Charged in my case? first appeared on Redmond Law Firm.

Personal Injury Law- Controversy Behind The Term “Soft Tissue“

wplawyer — Thu, 22 Apr 2021 12:05:27 +0000

The Controversy Behind The Term “Soft Tissue Injury”

Perhaps one of the most commonly used terms that is used to downplay injuries from the insurance defense side in the area of personal injury law, is the term “Soft Tissue Injury.” Just hearing the term gives you a feeling that it is not serious right? Let’s explore soft tissue injuries and find out why they are wrong.

What is a “Soft Tissue Injury”?

For the most part, a soft tissue injury, is an injury not involving a fracture. Soft tissue injuries include, disc injuries to the spinal column (herniations and bulges), torn ligaments which would include, (rotator cuff tears, meniscal tears, anterior cruciate ligament tears-ACL, Collateral ligament injuries, posterior cruciate ligament tears, SLAP tears etc.. and less serious injuries including bruising, minor sprains/strains.

How are soft tissue injuries treated and diagnosed?

Soft tissue injuries are typically treated conservatively by doctors and if you are not getting better, they may send you for diagnostic testing such as a MRI. Over time, doctors may recommend epidural injections and perhaps even surgery. Surgeries could include arthroscopy and spinal decompression surgery.

SOFT TISSUE INJURIES CAN BE VERY SERIOUS

Soft tissue injuries can be very serious, let us look at two examples:

One person is involved in a car accident, where as a pedestrian, their foot gets run over by a car causing a fracture to their pinky toe. The injured party’s fracture heals and they make a complete recovery.

VS.

The second person is rear ended by a tractor trailer causing their head and neck to violently jerk forward and back. The injured party is diagnosed with multiple disc herniations of the cervical spine and after over a year of extensive treatment their physical condition does not improve. This person ends up undergoing major spinal surgery but does not recover and is never able to go back to work.

Which injury is more serious? You be the judge.

If you have been involved in any kind of accident – call Attorney Neil Redmond on his Mobile Phone 646-285-7115 for a free consultation.

The post Personal Injury Law- Controversy Behind The Term “Soft Tissue“ first appeared on Redmond Law Firm.

How Much Can I Sue For, After a Car Accident in New York State?

wplawyer — Thu, 04 Mar 2021 12:39:00 +0000

How Much Can I Sue For, After a Car Accident in New York State?

A question that clients sometimes ask after a car accident is: How much are we suing for?

In New York State, lawyers are not required to put limits on lawsuits. Often times, the media will hype up lawsuit news pieces by wanting to attach a giant number to a story. The personal injury lawyers who put these astronomical numbers onto lawsuits are doing their client a disservice. When a lawyer claims he is suing for $100 million dollars it creates a false expectation in the client’s mind that they will actually get that amount. It accomplishes nothing.

On the other side, lawyers are not required to limit themselves in the the Summons and Complaint to a fixed dollar amount as this could prejudice the client’s case. Lawsuits can often take years to resolve and during that time, the injury could get worse, a client could end up needing a serious surgery or may never be able to work again. All of these factors could end up affecting the value of the case.

The post How Much Can I Sue For, After a Car Accident in New York State? first appeared on Redmond Law Firm.