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Know Your Rights
Do I have a case?

You may have a case if you have been injured due to the negligence of another.  Simply call or use the contact form  for a free consultation to discuss the facts of your case, and you will be advised of your rights and options.


Is there a time limit to file my case?

There are time limits on all cases.  Depending on the circumstances of your case, the time in which you must file a claim or a lawsuit will vary.  There is a rule of law called the Statute of Limitations, which dictates the time limits for different kinds of cases. 

In New York State, negligence lawsuits must be filed within 3 years, and malpractice lawsuits must be filed within two and one half years of the date you were injured.  Claims against municipalities in New York State, such as your city, town or village, must be filed within 90 days of the date you were injured.  Because there are many exceptions to these rules which may allow you additional time to file a claim, you should consult with an attorney as soon as possible after you have been injured.


What do your services cost?

Our consultation is free.  If we accept your case, we only get paid an attorney's fee if we succeed in recovering money for you.  In personal injury cases, our fees are based on a percentage of the amount we succeed in recovering for you. By law, in New York the client remains responsible for the expenses regardless of the outcome.

In general, New York State law requires that after deducting the costs of prosecuting the lawsuit or claim (filing fees, medical experts, stenographers, etc.), the attorney's fees are calculated at thirty three and one third percent of the net recovery in negligence and personal injury cases.  According to New York State law, in medical malpractice cases our fee is thirty percent or less depending on the amount recovered.  The fee in medical malpractice cases is thirty percent of the net recovery for the first $250,000 recovered, then twenty five percent of the next $250,000 recovered, then twenty percent of the next $500,000, then fifteen percent of the next $250,00, and then only ten percent of any amount recovered in excess of $1,250,000.

Again, all of these fees are governed by New York State law.


Is it possible to settle out of court?

Most cases are settled before trial.  Some cases can be settled without a lawsuit, others are settled during the lawsuit or even during the middle of the trial.  Whether a case can be settled or must be tried depends on the circumstances of each case.


How do I know if I was a victim of medical malpractice?

If for any reason you believe you were not cared for properly and that you were seriously injured or deprived of an opportunity for a cure, or better prognosis, you should speak with an attorney as soon as possible.  If we believe it is warranted, we will at no cost to you begin an investigation into your case by reviewing your medical records.  We have access to medical experts in all fields of medicine to consult with to determine if your case has merit.


Have I given up my right to sue because I signed a consent form?

No.  Even though you signed a form which authorized a physician to perform a procedure or surgery, that alone does not eliminate your right to file a lawsuit.  Though you signed a consent form, there may be multiple issues, including:  

1)  whether you were a suitable candidate for the procedure             or surgery,

2)  whether you were properly and fully informed of the risks
    of and alternatives to the surgery recommended,

3)  whether the procedure or surgery was performed in
           accordance with accepted standards of medical care,  

4)  whether the care and treatment afforded after your
            procedure or surgery was performed in accordance with
            accepted standards of care.








Copyright Ronald C. Burke, Esq. 2009
This web site is designed to provide information about the services we offer to clients and referring attorneys. These materials do not, and are not intended to, constitute legal advice. Neither transmission nor receipt of such materials will create an attorney-client relationship between the sender and receiver.  We are also not responsible for the accuracy of any of the information contained in any sites linked to ours.
RONALD C. BURKE
Attorney at Law