1. BECOME INFORMED

There's a commercial for a mens clothing store in New York that says "An informed consumer is our best customer." This is true for people who have potential medical malpractice and injury cases. From the moment the phone rings until we've finished their case, the most important aspect of my job is to inform you, the client, whether you have the basis to bring a lawsuit, what your chances for obtaining money are, and to give you the best legal advice possible.

Without good legal advice, your ability to make informed choices are limited. That's why you need as much information as possible, and as soon as possible. You don't want to be told that the time to bring your lawsuit has lapsed, which leads me to the next topic:

2. LEARN WHAT YOUR TIME LIMIT IS TO START A LAWSUIT

You must know how much time you have to bring a claim and/or a lawsuit. There are many different time limits in New York, depending on the type of case you have. In a car accident case you generally have three years from the date of the accident in which to start a lawsuit. However, you only have 30 days to file a claim with your insurance company if you want them to pay for your medical bills.

There are many different exceptions to the time limits in New York. For example, if you were treated in a City Hospital such as Coney Island Hospital or Jacobi Hospital and you feel a doctor or nurse treated you improperly that resulted in injury, you'd have only 90 days to file a claim against them. Then you'd have only one year and 90 days from the date of the malpractice within which to start a lawsuit. BUT WAIT! You can't start your lawsuit until after you've filed a claim against the agency that 'owns' the hospital. See...it gets complicated. That's why it's so important to learn about the time limits you have. YOU MUST BECOME FULL INFORMED.

If you wait too long to seek legal advice, you might not be able to start a lawsuit because your time has lapsed. Find out now, then make your decision about whether you want to proceed with a lawsuit.

3. MEET WITH THE ATTORNEY TO SEE IF YOU'RE COMFORTABLE WITH HIM OR HER

Not every attorney will fit every client. It's like a first date. Some people you'll feel comfortable with, and others you won't. You won't know until you actually meet with the lawyer. Look at the surroundings. Look at how organized the lawyer is. Is the lawyer a professional. Does he or she appear confident in their abilities? Is the lawyer explaining and answering your questions, or is he or she trying to sell you on how wonderful he is? Use your common sense when deciding whether this lawyer is for you.

If you're unsure, tell the lawyer honestly that you're not sure whether you're going to choose him, and need to speak to other attorneys before you make a decision. Being open and honest with your lawyer is extremely important. Most lawyers will understand your reluctance to immediately sign up. Some will pressure you to sign a retainer before you leave the office. Remember, this is YOUR CASE. You must feel right with whichever lawyer you choose.

4. EVALUATE THE LAW FIRM

Does the lawyer have support staff to handle any questions or issues if your lawyer is busy? Does he have partners? Is he a solo practitioner, or is this a large law firm? Is the lawyer you meet with the one who will be with you every step of the way? Or will your case be assigned to different lawyers as it makes its' way through the legal system?

If you have questions about the status of your case will the lawyer you meet with call you back, or will you get a call from some paralegal you've never met before? When you call the office will you have to give them a file number for them to know who you are and what's going on with your case, or will the attorney have these facts at his fingertips?

Answers to these questions will help you decide if this lawyer and this law firm are the right match for you.

5. DOES THE LAWYER HAVE FREE INFORMATION FOR YOU BEFORE YOU EVER WALK IN THE DOOR?

Before going to meet the lawyer, can you get information about lawsuits and his experience from any written materials like a brochure or his law firm website? Look to see what information they provide. Is the lawyer hesitant to talk to you on the phone? Are there any pamphlets or booklets the lawyer has written that he sends to prospective clients to give them information about their type of case?

Remember, becoming informed is the key to understanding your legal rights.

6. ELIMINATE SURPRISES- ASK ABOUT FEES

Most lawyers who handle medical malpractice and injury cases in New York do not charge any fee to meet with them or to investigate your case. If an attorney accepts your case, they will have you sign a retainer agreement which sets out in detail the terms of the fee arrangement. In injury cases, typically the attorney will receive 1/3 of the net fee (after expenses and disbursements have been re-paid). In a medical malpractice case, the lawyer will get a fee that is much less, and works on a sliding scale- as the client's share goes up, the lawyer's fee drops.

7. ASK ABOUT EXPERIENCE

In most medical malpractice cases, a lawyer's experience is the key to getting not just fair compensation but just compensation. You must ask not only how long the attorney has been in practice, but how long they've handled cases like yours, and whether they have handled cases similar to yours. Obviously past experience does not guarantee a future result. However, with past similar cases the attorney has the ability to properly advise you about what needs to be done to try and achieve the best result possible.

8. ASK ABOUT PREVIOUS CASES SIMILAR TO YOURS

(See #7 above)
What if your attorney has never handled a case like yours? Well- you can still stick with this attorney. I'm sure he can learn everything he needs to handle your type of case. But remember this- This is the only time you'll be able to bring a lawsuit for your injuries. Don't you think you might be better off with an attorney who has handled these types of cases for years and years? The choice, as always is yours. Make your decision after carefully thinking about the risks and benefits of chosing one lawyer over another.

9. ASK ANY ATTORNEY YOU MEET, WHO HE WOULD USE IF HE NEEDED A MEDICAL MALPRACTICE LAWYER

If the lawyer you meet with is confident of his or her abilities, they should have no problem recommending another attorney for you to get another opinion. However, if they are hesitant, or refuse to give you another name of an attorney to consult with, I would personally questions why not? Obviously, they don't want to lose you as a prospective client. However, I have found that lawyers are totally upfront with clients and give them the information they ask for, more likely than not, the client will return to their office and ask them to be their lawyer.

10. YOU HAVE NO OBLIGATION WHEN YOU CALL AN ATTORNEY FOR INFORMATION IN NEW YORK.

Just because you meet with an attorney, without paying any fee, does not obligate you to sign up with or stay with that attorney. We hear so often in attorney advertising "There's no obligation!" What this means is that you have a choice. If you like the attorney and are confident of their abilities, great! If you don't, say "thank you for your time," and move on to the next attorney. You are under no obligation to stay.

By: Gerry Oginski
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

Attorney Oginski has been in practice for over 18 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

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While attending law school I had a professor in Criminal Procedure studies that always referred to the “Human head in the trunk”. The human head in the trunk was actually representative of the obvious illegal article one may have in their trunk when pulled over by the police for any type of stop when you are in a vehicle.

Although the current Supreme Court has significantly broadened the search powers of authorities, we as citizens, still have rights under the Fourth Amendment to the Constitution to protect us. Following are some simple advisory examples that if followed could extensively benefit your attorney should you find yourself in conflict with the law.

John and Dave are driving down the road with the proverbial “Human head in the trunk” of Dave’s car when the flashing lights of a police cruiser appear in the rear view mirror. Their hearts begin to race and their palms become sweaty. Questions of what to do and scenarios of terrible outcomes are flooding their minds. After Dave pulls over, the officer approaches the vehicle and informs the driver that a tail light is out and he is going to issue a citation for a non-moving violation. John and Dave breathe a little easier. Then out of the blue the officer asks if they mind opening their trunk. John is thinking “no way” but Dave answers, “Sure officer, I have nothing to hide”, because he believes that by being cooperative the officer is more likely to just let him go or not search at all.

Needless to say upon opening the trunk the officer spotted the “Human head” and John and Dave were arrested. Their attorney had no basis to object to the search at trial because Dave had consented to the search. Always deny the police a consent search. Remember that 100% of the time if the police have enough reason to search they will get the warrant and if they don’t have the necessary probable cause then merely refusing to allow the search is not enough in itself to create probable cause. Stay calm and refuse the search by simply stating you have a 4th amendment right not to be searched. At least if they do obtain a warrant and conduct the search your attorney may have some legal basis to get the evidence excluded. Once you consent you gave the police a free pass.

So what should you do if you truly do not have anything to hide? Still refuse the search. I have always advised my friends and family to refuse the search simply because we never know everything about our “friends and acquaintances”. In example again John and Dave are driving down the road with nothing in the trunk. They are on the way to a church youth function. Dave has known John for years but what Dave does not know is that John has been under a lot of stress lately. His girlfriend broke up with him, his brother went to jail for drug offenses a month ago and his parents are getting a divorce. Just before Dave picked him up John found a bag of pot in his brother’s room and decided he might try it so he put it in his jacket pocket. Again Dave gets pulled over for a bad tail light. This time John panics and tosses the pot under the seat of the car. Dave, not knowing there was contraband in the car and believing the officer may not write him a ticket lets the police search the vehicle. When they find the pot, John is terrified and denies ever seeing the pot. As owner of the car, Dave is arrested. The police never had probable cause and therefore could only search the car with consent of the owner.

One can normally assume that you should deny a search. Remember, if the police have the evidence they would have already arrested you and if they’re asking, they don’t yet have probable cause.

By: Joe Wen
This content is provided by Attorney Douglas R. Smith. For more information on your rights and criminal defense, please visit Carter, Smith and Associates Criminal Defense Law Group.

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Vioxx class action lawsuits stem from alleged reports of negative side effects due to consuming this drug. These negative side effects include stroke, blood clots, and heart attacks. Almost every Vioxx lawsuit is designed to gain funds related to suffering that the user experienced after being prescribed Vioxx. Though most cases are legitimate, substantial proof must be provided to win these cases.

In a nutshell,, there must be proof that the defendants named in the Vioxx lawsuit failed to properly provide for the safety of the plaintiff, and that the person filing the Vioxx lawsuit was harmed as a result of the action or inaction of the manufacturer. Strangely, most Vioxx class action lawsuits end up being settled out of court. What is sad about this drug is that it was initially used to treat arthritis and severe pain. For years, there never seem to be any side effects. Then the unimaginable happened.

As years past, a limited group of people came forward and proof was shown that Vioxx did play a major role in those that experienced heart attacks and even death as a result of taking this drug. Because of this, many lawyers are able to rightfully require some form of settlement because of the pain and suffering that has been experienced by the person that took Vioxx, or the remaining family members for the death of their loved ones.

The people that actually are able to prove that they were victims end up with very tidy sum of money. Though this does not compensate for their personal suffering or loss of the loved ones, it does provide some form of solace and is better than having nothing but damage and loss.

Vioxx class action lawsuits are seemingly a dime a dozen lately, but if you have been inflicted by this drug, seek legal counsel as soon as possible from a reputable attorney that can help.

By: Michael Kohler
For more information on vioxx class action lawsuits and other class action lawsuit information, please visit: officialclassactionlawsuitsite.com.

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Question: What does the term “due process” mean?

Criminal Defense Lawyer: “Due Process simply means that even the government must abide by the law. Prior to the Roman Empire, most governments operated under a system, which was called “Rex Lex.”

“Rex” meant “king”. And “Lex” meant “law.” When the order of the two words was Rex before Law, it meant the king was above the law. Rome was the first government which, at least in theory, placed law above even the king. They called their system, "Lex Rex."

The Fifth Amendment is the portion of the United States Constitution which restricts the government’s power to impose sanctions on anyone without following legal procedures. It states that no person can “be deprived of life, liberty or property without due process of law.”

In simpler terms, no criminal defendant may be punished by either taking that person’s life, liberty or property, unless they are given a legitimate opportunity to contest the charges against them.

The courts have defined due process as including such rights as: The right to be told what the specific charges against the defendant are; the right to have a criminal defense lawyer present when the defendant is questioned; and the right to have a public trial (rather than a secret trial) before an impartial judge and jury.

Other rights due process guarantees are:

The Prosecution has the burden to prove criminal charges beyond all reasonable doubt, before it can obtain a conviction against a defendant.
Defendants cannot be forced to give involuntary confessions obtained by force. Nor can suspects even be questioned by police without first being advised of their right to an attorney have an attorney present.
The right to remain silent.
The right of defendants to confront witnesses against them.
The right to a public trial (this was our Founding Fathers’ response to the British policy of holding secret trials against American colonists).
The right to a trial by jury. Even a defendant in a minor traffic case, can demand a jury trial.
The right to a criminal defense lawyer. Including the right to have an attorney appointed for the defendant if the individual cannot afford one.
An interesting footnote is that the Founders felt that the States would pass their own Bills of Rights. This meant that until after the Civil War, these rights only protected individuals against actions by the Federal Government. Actions of the States were not included in these protections.

But when the Fourteenth Amendment was ratified during the post Civil War Reconstruction era, due process protections were subsequently applied to protect against the actions of the states.

By: Charles Brown
Charles Brown, JD is a former criminal defense lawyer who now writes about legal topics. Visit him at Ask A Criminal Defense Lawyer, where you can submit your questions about your legal rights, what to do if you or a family member is ever charged with a crime, how to choose a criminal defense lawyer and how to work with your lawyer throughout your case.

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