Q&A’s on Personal Injury Claims

Why choose Evan M. Ostfeld, Esq. to handle your Personal Injury case?

Evan has been representing injured individuals since 1993. He is licensed in the D.C., Florida, Illinois, Ohio and Texas. That being said, if you require representation in another state or US territory, we’ll gladly take the time to try and find another lawyer who can help.

• Evan personally returns phone calls, emails and texts (days, nights, weekends and/or on holidays).
• He provides his personal cell phone number to all clients.
• Evan does not simply “hand off ” the matter to his support staff as is often the practice of many larger personal injury law firms that are sometimes called “settlement mills”.
• He holds himself out as The Referral King®. As a courtesy to the public, if he cannot help with your legal issue, he’ll be more than happy to try and refer you to another attorney who may assist.

I have been injured, is there even a case?

This is the most basic question for both a prospective client and a lawyer. Unfortunately, not every matter can be pursued. For your claim to be actionable, there must generally be a permanent injury. Furthermore, a party has to be legally negligent. Before an attorney can agree to take on a particular file, these factors, among others, must be analyzed. For a *No Obligation case evaluation, please us today at (844) 411-KING (411-5464), (954) 998-0075 Text or [email protected].

*Disclaimer: The No Obligation case evaluation does not create an attorney-client relationship with Evan M. Ostfeld, Esq. and/or The Law Offices of Evan M. Ostfeld, P.A. Our law firm only accepts new matters through a formally written and signed retainer agreement.

What is liability?

Liability is lawful accountability or the state of being duty-bound and responsible to another party. It is a legal term used to express whether a person or entity is/are at fault for an accident and the resulting damages. Mind you that multiple people and/or companies can be deemed to be liable, including yourself. In order for there to be a recovery, the defendant(s) must have been at least partially responsible. 

Types of damages that are recoverable

Damages are a sum of money assessed by a jury on the finding for the plaintiff or successful party in an action. They are awarded against the at fault or negligent party as compensation for injuries suffered including: medical care, pain and suffering, lost wages including future earning capacity, disfigurement, permanent disability, emotional distress, loss for consortium, attendant care, property damage and/or any other type of expense that is a direct result of the accident. After careful consideration, an attorney must be able to come up with a rough estimation of the “value” of the file.

How do I get reimbursed for my damages?

There are generally two avenues for obtaining money involving a personal injury claim. They are: reaching a mutually agreeable financial arrangement (settlement) with the responsible party or parties and/or proceeding to court (lawsuit). In either situation, rest assured that all of the defendants will have legal representation to protect their interests, so shouldn’t you too? In the vast majority of these matters, the parties will in fact resolve the case and settle. Even after litigation has started, that often occurs. In seeking a fair recovery, one should be prepared to go to trial, if necessary. Of course the attorney should always consult with his/her client to see what is their preference. Mind you that going to court is no “walk in the park” as it’s quite stressful and time consuming. Plus there are no guarantees that litigation will automatically result in a better financial outcome. In fact, a jury could award you less money than what was previously offered or even nothing if they believed you were at fault!

How long with the claim take to be resolved?

The answer really depends on the nature and complexity of the case. During the initial consult, the lawyer should give the client a rough idea. Personal injury actions can vary in length from weeks to years. Regardless of the time period, a thorough investigation of the facts must be completed to make sure that fair compensation is awarded.

Do all personal injury actions proceed though the court system?

If an insurance company agrees to pay what the file is worth, and you accept it, then no. Some law firms just try to settle your claim quickly and do not want to go to trial. On the other hand, if the responsible party won’t pay a reasonable amount, the attorney should prepare for litigation.

What is a Premises Liability action?

It generally refers to accidents that occur due to the negligent maintenance, unsafe and/or dangerous condition upon property owned by someone else. State laws typically require landowners, businesses and/or homeowners to maintain their land and/or establishment in a safe manner that does not cause injuries to others.

What are “Slip and Fall” / “Trip and Fall” accidents?

They are generic terms for injuries which occur when an individual slips, trips and/or falls as a result of a hazardous condition on someone else’s property. It includes falls as a result of water, food, debris, etc. as well as an abrupt change in flooring, poor lighting, a hidden peril, such as a gap/crack on a walkway, an obstructed hole, etc. and/or the failure to warn someone of a dangerous situation. If you are on a person’s or company’s land and/or establishment while suffering an accident, customarily, the owner and/or business may be liable.

Suppose an insurance company wants to settle with me?

Do you really know the full extent of your injuries? How long will the recovery process take? Will future income be lost? Generally speaking, a person who hires a lawyer obtains a much higher recovery than someone that does not. Why go it alone and negotiate in the “blind” without any idea what the claim is really worth? An experienced attorney should guide the injured person throughout the entire process, while protecting their rights and maximizing the recovery.

What can I do to get my medications filled for an automobile accident case?

Try to use *Injured Workers’ Pharmacy (I.W.P) at (888) 321-7945. In some states, they can ship them right to your door via overnight mail at no extra cost and simply bill your P.I.P. and/or Med Pay coverage if applicable. * This service is not available in every jurisdiction.

Should I talk to the at fault insurance company or sign any type of paperwork?

No. Do not give a statement or sign anything before consulting with an ATTORNEY. The insurance company’s representatives may contact you immediately and act as if they are concerned. Remember, they are not your “good neighbor”, you are not “in good hands,” nor are they “on your side”. Their sole goal is to try to save their organization money!

How does someone pay for legal representation?

Fortunately, The Law Offices of Evan M. Ostfeld, P.A. handles these types of cases on a contingency basis. That means that you don’t pay us anything unless there is a settlement or court award

What if I am unable to travel to your office for a free case evaluation?

No problem. A phone and/or video conference can be set up.
We also have satellite offices throughout DC, FL, IL, OH and TX.

BE AWARE OF THE STATUTE OF LIMITATIONS!

Please note that every jurisdiction has its own specific statute of limitations. This refers to the time period that an injured person has to file a lawsuit in order to keep the claim open. Failure to do so by the applicable statute of limitations date, will result in a loss of any rights that an injured individual may have including a potential settlement and/or to have the case heard by a jury. As such, it is extremely important that you contact an ATTORNEY immediately after an accident.