Where is the Best Place to Start?

The world of litigation is a prevalent part of today’s society. With so many commercials offering you the right to millions of dollars in compensation, how do you know if you have a suitable case? At the Law Offices of Rudolph F.X. Migliore, we welcome clients in with free consultations to evaluate if your case is viable.

What is the 1st Step Your Attorney Will Take?

The first step to find out if you have a case is to determine if someone legally liable. In other words, who is liable in the act of negligence or wrong-doing? The only remedy the law may offer is financial compensation. In order for there to be a potential for gaining compensation, there needs to be sufficient injuries sustained by the victim as a result of the liable party, either through the liable party’s negligence or their wrong-doing.  An experienced attorney can help figure out if there is someone liable and who the liable party is.

How to Handle the Financial Aspect of Pursing a Lawsuit?

Most firms work on a contingency fee basis: they will cover all expenses upfront and collect at the end of the case. In New York, lawyers typically recover 1/3 of the total settlement. Another option is paying the upfront cost yourself. Depending on which option you choose, the lawyer will either receive 1/3 of the gross settlement or 1/3 of the net settlement, after expenses. An attorney should give you an expense estimate for the cost of proceeding with a lawsuit. The estimate should then be compared to the potential recovery of the lawsuit: settlement or trial compensation.

How Does the Statue of Limitations Affect My Case?

Every claim has a statue of limitations: an anointed time granted by the state in which one may file a lawsuit. The Statue of Limitations (SOL), generally runs from the date of the incident. Your case could be voided because the statue of limitations has run out. Therefore, when you are second guessing if you have a case, the best thing you can do is to get documentation and seek a consultation from an attorney immediately. See what options you have before it is too late and you lose the opportunity to be compensated for your injuries.


By Aleksandra Aronova