Articles Archives - Ginsberg & Capsi

Dec 7, 2020 | By Ginsberg & Capsi | Read Time: 3 minutes | Articles

Why is it Best to Hire a Personal Injury Attorney Who Tries Cases and Has Courtroom Experience?

When you suffer an injury because of someone else’s negligent actions, you might have questions about who will pay for your injury expenses. You deserve compensation for the costs associated with your injury, which can add up quickly. To get that compensation, you decide you need to hire a lawyer, but hiring a lawyer isn’t always easy. Looking on Google for personal injury lawyers in your area, you may be overwhelmed by the number of different lawyers and unsure which one you should hire. Some people might tell you that you will be fine as long as the lawyer is a personal injury lawyer. That, however, is untrue. Not all lawyers are created equal. Some lawyers lack trial experience, and while that may not matter if you’re able to settle out of court, it will matter a lot if you do end up going to court. For the best chance of success in your claim and to ensure you get the right compensation, you need an attorney from the outset that has experience trying personal injury cases in court. Here’s why. You’ll Be Prepared for Anything With a personal injury attorney who tries cases and has extensive courtroom experience on your side, you can rest easy knowing that you have prepared for whatever direction your case takes you. Whether your case ends with an out-of-court settlement or a jury trial, you can be confident that your lawyer has been in this situation before and knows what to do. If your lawyer lacks courtroom experience, you risk having to hire a second lawyer if your case goes to trial. Hiring a second lawyer could cut much further into your final settlement than just hiring one, which is the last thing you need after dealing with a personal injury. The peace of mind you will have in knowing that you’re prepared for any direction your case goes, thanks to your experienced personal injury attorney, cannot be overstated. Leverage You don’t have to go to court to benefit from your lawyer’s courtroom experience. For example, if your attorney has little experience in court, they will have a substantial incentive to settle the case out of court. The opposing lawyer may exploit that to keep your settlement low. If opposing counsel knows your attorney has courtroom experience, they know your lawyer isn’t afraid to go to court. This knowledge can give you leverage in negotiations. Our Experience At Ginsberg & Caspi, PLLC, we have seen it too many times to count. A client thinks they have their claim “in the bag” with their first lawyer, but when the case looks like it has to go to court, their lawyer calls us. Historically, this is all we did at Ginsberg & Caspi, PLLC: we were trial lawyers on retainer for other law firms that lack trial and courtroom experience. Now, however, we offer our clients the opportunity to hire us right from the moment they decide to file a claim. We do this because we want our clients to get the most out of their claims. We make this happen by ensuring that we are the only law firm that our clients have to hire. After all, we are prepared for whatever direction a given case takes us. Settling out of court is no problem for our lawyers but neither is going to trial. Call Us Today If you’ve suffered from a personal injury, you deserve compensation. After all, your injury isn’t your fault, so why should you have to pay for it? To ensure you get the compensation you deserve, you need a personal injury lawyer with broad experience that includes taking cases to trial. The personal injury attorneys at Ginsberg & Caspi, PLLC, have the relevant courtroom experience to ensure you get the maximum settlement possible. Don’t wait to enforce your legal rights—contact us today for a free consultation!

Dec 7, 2020 | By Ginsberg & Capsi | Read Time: 3 minutes | Articles

How Much Will My Case Settle for and How Long Will It Take?

Two of the most common questions we get from our clients at Ginsberg & Caspi, PLLC, are, How much is my case worth? and, How long will it take? The truth is that because each claim and injury is unique, so is each outcome. Unfortunately, we do not have a crystal ball to see how much a case will settle for and how long it will take. A few relevant factors, however, can give us a clue as to a settlement’s size and timing. Type of Damages The type of damages in a claim can dramatically affect both the answer to, How long does a personal injury lawsuit take? and, How much is a personal injury case worth? If the only damages in a personal injury claim are easily provable. Tangible economic damages, for example, a settlement can happen relatively quickly. After all, in such a case, there is not much to disagree over. On the other hand, a claim for non-economic or punitive damages can take longer to resolve. It is not as simple a task to prove non-economic damages as it is to prove economic damages. This is because non-economic damages are not tangible and are thus inherently subjective. The same goes for punitive damages. The existence of punitive or non-economic damages will likely mean that the case settles for more money than a case based solely on economic damages. It will also likely take longer to settle. This, however, is not a steadfast rule, as every case is unique. The Nature of the Dispute The nature of what is disputed in a personal injury case can dramatically affect how long a settlement takes. On the one hand, if the only disagreement is over the amount of compensation, a resolution can come relatively quickly. The only thing that the lawyers have to negotiate in such a case is a number. Everything else is agreed upon by the parties already, so a settlement is within reach. On the other hand, if the dispute is over the case’s facts, a settlement may take some time, and the case is more likely to go to court. This is doubly so if fault is disputed. If a case goes to court, it will take much longer than a similar case where an out of court settlement is reached. If the case’s facts are not agreed upon, one party may disagree entirely about whose fault the damage is. A person who believes they are not at fault will not have much motivation to settle out of court. A settlement implies that they were at fault to one degree or another, so they may do everything they can to avoid such admission. The only way to avoid any admission of fault is to take the case to court. If a case goes to court due to a dispute of its facts, it could take years to settle. The Experience Level of the Lawyers The amount of experience each of the lawyers has can affect how long a case will take. It will also affect how much the case settles for. When a lawyer with extensive experience negotiates with one that lacks experience, the experienced lawyer has the advantage. They have more experience to draw on and a greater ability to get a bigger settlement. They can also reach a settlement quicker thanks to their prior experience. For example, a lawyer with a lot of courtroom experience can force a settlement quickly. Particularly when negotiating with a lawyer who has no courtroom experience. Since one of the lawyers does not have much experience, they want to avoid going to court if possible. This can be used as leverage by the experienced lawyer. The threat of going to trial can be a valuable bargaining chip for one party and a liability for the other. Contact Us Today Because it’s impossible to know how long a case will take to settle, you should file your personal injury claim as soon as possible. Contact us to file your injury claim today! The experienced trial lawyers at Ginsberg & Caspi, PLLC, will do everything we can to help you get the maximum possible settlement in the shortest amount of time. For more information on what Ginsberg & Caspi, PLLC, can do for you, be sure to check out our success stories page on our website!

Dec 7, 2020 | By Ginsberg & Capsi | Read Time: 2 minutes | Articles

The Importance of Investigating Slip, Trip and Fall and Workplace Accident Cases

Slips, trips, and falls are responsible for a large number of deaths and injuries each year. According to the Bureau of Labor Statistics, falls were responsible for 15% of all occupational injuries in 2018. Injury from slipping, tripping, or falling can occur anywhere. From the grocery store to your workplace, floor hazards can cause serious injury or death. If you suffer a slip-and-fall injury, you should immediately contact a lawyer to investigate the accident. Rapid investigation preserves relevant evidence to make your case as strong as possible. Time Is of the Essence Because of the nature of slip-and-fall accidents, the accident scene changes quickly after the accident is reported. For example, spills, cracks, and debris are likely to be cleaned up in the aftermath of the fall. Additionally, property owners will undertake remedial measures to repair any defects (like broken stairs or railings) as soon as possible. As a result, evidence tends to disappear quickly. The first few days after the incident are the most important for building your case. Immediately contacting a lawyer and starting an investigation is very important. What Evidence Do Slip-and-Fall Investigators Need? A thorough investigation of a slip-and-fall or trip-and-fall accident will involve carefully analyzing the scene of the accident. Our investigators photograph and video the place where the accident occurred. Because hazards are likely to be removed from the scene after the accident is reported, investigators must get to the accident scene as soon as possible. By doing so, they can document the scene as it was when the accident occurred, before any insurance investigators or property owners are able to remove evidence helpful to your case and then deny any wrong doing. Our investigators also obtain witness statements and alert the parties involved that they must preserve emails or security camera footage and other relevant evidence. Collecting evidence within days after the accident is the only way to make sure it is reliable, detailed, and accurate. The longer you wait, the harder it will be to gather evidence and track down potential witnesses. How a Slip-and-Fall and Trip-and-Fall Lawyer Can Help Even after collecting evidence, you will likely need to communicate with the liable party’s insurance company to obtain compensation. Insurance companies do not like paying out claims and will do everything they can to reduce the amount you receive. An experienced attorney will protect your rights, speak with the insurance company on your behalf, and get you the compensation you deserve. Additionally, if your accident occurred at work, your attorney can assist you in filing a workers’ compensation claim. Contact a Slip-and-Fall and Trip-and Fall Accident Attorney At Ginsberg & Caspi, PLLC, our practice focuses on personal injury and workplace accident claims. As soon as you contact us, we will start building your case. Our attorneys have over 40 years of courtroom experience, and we will empower and work with you every step of the way. Contact us today, or give us a call at 516-742-7747 to schedule a case review.

Dec 7, 2020 | By Ginsberg & Capsi | Read Time: 3 minutes | Articles

How Likely Is It That My Personal Injury Case Will Go to Trial Versus Settling Out of Court?

If you’ve been seriously injured as a result of someone’s negligence or misconduct, you may have a valid personal injury case. You have the legal right to pursue financial compensation for your losses, and you may end up settling out of court. But if the insurance company refuses to extend a reasonable settlement offer, going to trial could be the only way to get the compensation you deserve. So what is the likelihood that your personal injury case will go to trial? With a seasoned New York lawyer at your side, the odds are fairly slim. An attorney with experience representing injured victims will be capable of engaging in the type of hard-line negotiations necessary to get you a fair out-of-court settlement. This outcome isn’t guaranteed, however. For that reason, you’d be wise to work with a personal injury law firm like Ginsberg & Caspi, PLLC, that prepares every case for trial from the beginning. What Percentage of Personal Injury Cases Go to Trial? No one really knows what percentage of personal injury cases go to trial. Personal injury claim resolution data isn’t correlated by any official agency or organization, and the details of many settlements are bound by non-disclosure agreements. As a result, we have little more than personal experience and anecdotal evidence to go on. That said, we know that going to trial is far from the norm. Most of our cases end with out-of-court settlements, in fact. However, determining the best way to proceed with your case requires a careful evaluation of the circumstances and your objectives. Why Do Many Personal Injury Cases Settle out of Court? When injured victims have legal representation, insurance companies are typically more willing to make stronger settlement offers. If insurance adjusters know that you are ready and able to go to court, they will aim to settle out of court to avoid the risk of a high damages award. In addition, the New York courts typically encourage the parties involved in a personal injury claim to find a mutually agreeable resolution instead of taking a case to trial. Many claims are settled at mediation, where a neutral third party facilitates negotiations between the injured victim and the insurance company. Should I Settle out of Court or Let My Personal Injury Case Go to Trial? Settling out of court can be preferable to going to trial. The reasons why most personal injury claims settle before trial include: Cost—Taking a case to trial can be quite expensive, and settling out of court allows injured victims to avoid legal costs. Time—Trials can go on for months, and the outcome can remain up in the air for years. Settlements provide financial compensation much faster. Risk—Going to trial comes with a risk of receiving nothing. Settling out of court ensures a positive case outcome. Stress—Dealing with serious injuries can be difficult enough, and for some injured victims, the additional stress of going to trial is too much to handle. When considering whether to settle your case out of court, the amount the insurance company offers is likely to be the deciding factor. An experienced New York attorney can tell you if it covers your losses and is worthy of accepting. If not, taking the case to trial may be necessary to fight for fair financial compensation. Get Advice from an Experienced New York Personal Injury Lawyer Few insurance adjusters immediately put forward a reasonable settlement offer, and many injured victims find that insurance companies try to deny their claims altogether. With a team of highly skilled attorneys who aggressively pursue justice, you won’t have to worry about walking away with less than you deserve. At Ginsberg & Caspi, PLLC, our personal injury lawyers take on the big insurance companies, and we’re always ready to push a case to trial to maximize recovery. Let us worry about your settlement, and you’ll be much more likely to receive every dollar you’re entitled to under New York law. The experienced New York trial attorneys at Ginsberg & Caspi, PLLC, can protect your legal rights and develop a solid strategy for your personal injury case. Contact our office to schedule a free consultation today.