Tag Archive for ‘Legal Terms’

What is a Claim Letter or a Letter of Representation?

By on • ( )

If you retain a lawyer to represent you in a personal injury case, that lawyer will send a claim letter, also known, as a letter of representation, to the defendant. The claim letter informs the defendant that you have a claim against the defendant and that the lawyer represents you for that claim.

The claim letter is not required by law so it is optional for a lawyer to send it. However, in New York, if the claim is against a municipality or a municipal agency, one must send a Notice of Claim within 90 days of the incident. In some areas, people use the term letter of representation to refer to the contract between the client and a lawyer. In New York, we generally refer to that agreement as the retainer or the retainer agreement.

A Trip and Fall in New York City, Do I Have a Case?

By on • ( )

I received a call from a woman yesterday who tripped and fell in Manhattan over the Fourth of July weekend and wants to know if she has a case.

Here is a brief recap of the facts of the case:

The woman and some friends had ventured to the west side of Manhattan so they could watch the fireworks. They stopped at the McDonald’s on 34th Street to buy some sodas and to use the bathroom. When they came out, the woman got caught up in the crowd and tripped over something. She fell hard and suffered significant injuries, including a broken tooth, two cracked teeth and a fractured wrist as well as significant bruising and abrasions.

Making Good for a Client: Delivering a Settlement Check

By on • ( )

In the past week, I have delivered three settlement checks to clients and that may be the most satisfying aspect of my practice. It is wonderful to see the gratification on a person’s face when he or she receives the check to compensate her for an injury. That check represents the culmination of all the work I do for my clients. For my clients – good men and women hurt through no fault of their own – the settlement or award check not only compensates for damages and a loss, but provides a special opportunity in their lives. I take great satisfaction and inspiration to see the look of hope and joy on a client’s face when delivering that check.

A Client Calls: “Wood Fell on My Head at a Building Supply Store”

By on • ( )

I went to a store to get some supplies, and some wood. When I went to get the wood I noticed it was a mess and above the safety braces. So I reached to grab the top one and 4 or 5 boards fell down. When I went to pick them up another one fell and hit me on the top of my head. The corner of the board hit me on the top of my head and left a big bump and gave me a huge headache. I had to go the emergency room to get a CT scan. Do I have a case?

Should I Settle My Lawsuit?

By on • ( )

In many, though not all cases, a client will receive a settlement offer and have to decide whether to take that offer or to proceed to trial. Making that decision requires a close working relationship between the attorney and the client, but the decision remains with the client.

Settlement in a Bronx Car Accident

By on • ( )

In September 2009, a New York City school teacher suffered soft-tissue injuries from a car accident in the Bronx. She came to me for help in collecting compensation for her injuries. The insurance company initially refused to pay claiming that the woman had caused the accident by changing lanes and that the soft-tissue injuries would not meet the New York State threshold for a serious injury and therefore did not warrant compensation. I led an investigation that proved the defendant liable for the accident and showed how her soft-tissue injures would meet the serious injury threshold.

As a result of the investigation into this car accident and our preparation of the case, on Friday afternoon, I settled the case. When I called my client to tell her the good news, she shared the news that she was pregnant with her first child. What a wonderful gift the settlement check will make for her and her husband.

Caps on Medical Malpractice Awards Bad for New York, Bad for Patients and Good for the Insurance Industry

By on • ( 2 )

As part of his proposal to control health care costs, Governor Cuomo has proposed capping medical malpractice payments for non-economic losses at $250,000. We have all heard the claims that medical malpractice premiums are driving doctors out of business and raising our health care costs, so caps would help everyone but the lawyers. Right? Wrong. In reality, limits on medical malpractice awards would have little impact on the medical malpractice insurance premiums, would not lower health care costs and would hurt many individuals. The only clear winner would be the insurance industry.

Rapid Settlement for a Woman Who Tripped and Fell in a Bank Parking Lot

By on • ( )

Last November, a schoolteacher took a trip to her local bank during a free period. On her way into the parking lot, she caught her foot on some broken pavement near a drain, tripped and fell and hurt herself. Once the woman’s medical condition stabilized, we were able to prepare a detailed assessment of the case. I reviewed that information with my client so she could understand all aspects of the case. She understood the cost of going to trial and how that affects a view a potential settlement offer. We then reached out to the bank, which offered to negotiate a settlement. Yesterday, we reached a settlement agreement that met my client’s needs and expectations.

Follow

Get every new post delivered to your Inbox.

Join 150 other followers