MEDICAL MALPRACTICE LAW
You've been injured while receiving medical care.
At Goldstein & Goldstein, LLP, we're here to help.
Here are some frequently asked questions about medical malpractice lawsuits:
I have been injured by a medical professional. How long do I have to sue?
Generally, in New York State, you have 2 ½ years from the date of injury or the last date of treatment by that medical professional for the same health issue you were being treated for at the time of the injury. (There are certain exceptions to this rule, the most common being that if the injury is to a child, the deadline to sue is the lesser of 2 ½ years after the child reaches the age of 18, or 10 years from the date of injury.)
How do I know if I have a case?
The first thing you should do is call us; we have extensive experience handling medical malpractice cases. We can tell you whether or not you have a potential case merely by discussing it with you during a brief telephone conversation, free of charge.
How badly do I have to be injured before you will take my case?
At Goldstein & Goldstein, LLLP, we generally limit our medical malpractice cases to those in which the individual has suffered permanent and serious injury as a result of the malpractice. If the problem has resolved itself or if the injury is minor, even though it was as a result of malpractice, we generally do not take the case. However, if you are not sure or have any questions, please feel free to call us.
How are damages determined?
If your case goes to trial, damages are determined by either a judge or a jury. The judge or jury at your trial will listen to testimony from you as to how the injury has affected your life, and will listen to testimony from your treating doctor, as to how this injury has affected you physically and how it may affect you in the future.
Will I have to go to court?
Very few cases actually go to trial. In our practice, more than 90% of the cases settle without going to court. However, it is important that the lawyer representing you is experienced in trying personal injury cases, rather than just going for a quick settlement. We are proud of our reputation with defense lawyers and insurance companies; they know that we can and will take a case to trial, should you be offered an unreasonable settlement or no settlement at all. We find that our very high success rate in trying cases in court has enabled us to obtain better settlements for our clients and has also made it less likely that we will have to go to court. But, if we do have to go to trial, we can assure you that we will put all of our resources, time, experience, and knowledge behind your case to make sure you get the best possible results.
You should always meet the lawyer who will actually handle your case to make sure you feel comfortable. At Goldstein & Goldstein, LLP, we treat our clients like family. We are a father-daughter team with many happy clients who can speak to our integrity, our expertise, and our compassion.
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