Frequently
Asked Questions
Q:
How do I know if I have a case?
A: It is often difficult for people to determine
whether their claim has merit. There are many factors that determine
whether your case has merit. The skilled attorneys at Shearer and
Essner, LLP, know which factors to look for to determine whether you
have a case and the best method in pursing your claim. Our attorneys
will take the time to answer your questions and explain your legal
options. Call us now at 212-750-4949 or fill out the Contact
us form.
Q: Do I have to pay for your legal services?
A: Shearer and Essner, LLP, accepts cases on
a contingency fee basis. This means that generally we are paid only
if we successfully settle your case. Our fee is recovered from the
settlement proceeds. Costs and expenses may be payable at the conclusion
of the case. All New York law firms are required by law to follow
the same fee structure, regardless of the size and experience of
the firm. Thus, you should choose a firm like Shearer and Essner,
LLP, to handle your case. We have experience dealing with all type
of cases and a proven track record in recovering the large settlements
for our clients.
Q: I am not the type to sue, but I am injured.
Should I contact you?
A: Yes. You need to remember that you are the
victim and that someone else may be legally responsible for your
injuries. You deserve to be compensated for your injuries and lost
wages.
Q: What should I look for when selecting an
attorney?
A: You should look for an attorney who has experience
dealing with cases similar to yours. Just because an attorney handles
automobile accidents does not mean that he or she is equipped or
able to handle a medical malpractice claim. In fact, the attorneys
at Shearer and Essner, LLP, often take over cases from attorneys
who do not know how to proceed in a lawsuit or who are reluctant
to go to trial. Shearer and Essner, LLP, is known and respected
in the legal community.
Q: How long do I have to bring a lawsuit?
A: You must file your case within the time period
set by the Statute of Limitations. Some time periods are shorter than
others. You should contact our offices immediately at 212-750-4949
or fill out the Contact
us form to protect your rights.
Q: I am unhappy with my current lawyer. Can
I change lawyers?
A: You have the right to change lawyers anytime. We will address
any fees and/or expenses owed to your present lawyer. Contact our
office and, if we can assist you, we will take care of getting your
file from your previous attorney.
Q: I was told by another attorney that I do
not have a case. Should I call you to get a second opinion?
A: Yes. Shearer and Essner, LLP's, attorneys
may be able to recognize a claim that other attorneys missed. Many
lawyers lack the experience and knowledge to truly determine whether
a case has merit. Shearer and Essner, LLP, has recovered very
large six and seven figure settlements on behalf of clients who
were told by other lawyers that their cases were worthless.
Q: I was injured at work. What do I do now?
A: You should contact our office immediately.
We can help you with your Worker's Compensation claim. We
will also investigate whether you are eligible for additional compensation.
For example, if you are injured at work by a defective product or
tool, or by the negligence of someone other than your employer,
a lawsuit may be filed against them. Shearer and Essner, LLP,
can identify those responsible for your injuries and we will help
you through each step of the process to enable you to obtain the
largest settlement possible.
Automobile Accidents
Q: I was injured in a motor vehicle accident,
but may be partly at fault. Can I still sue?
A: Yes. You may have a case even though you are partly
at fault for the accident. Call us now at 212-750-4949 or fill out
the Contact us form
so that we can evaluate your specific claim.
Q: An insurance adjuster wants to settle my
case and said that I do not need a lawyer. Should I contact one
anyway?
A: Yes. The insurance adjuster works for the insurance
company and wants you to settle your case for the least amount of
money possible. Shearer and Essner, LLP, has handled thousands
of motor vehicle accidents. We have the experience to accurately
evaluate how much your case is worth and the aggressiveness to recover
the largest settlement possible.
Medical Malpractice
Q: What is "medical malpractice"?
A: Medical malpractice is a broad term generally
used to describe negligence of any kind on the part of a health
care provider that causes harm to a patient.
Q: How do I know if my doctor and/or hospital
has committed medical malpractice?
A: There are many factors in determining whether
you have a claim for medical malpractice. In many cases, medical
malpractice is not obvious to lawyers who do not specialize in the
field. Medical malpractice lawsuits are more complex than general
personal injury claims. It is therefore crucial that you choose
a law firm that is experienced in pursing medical malpractice claims.
Shearer and Essner, LLP, has handled thousands of medical malpractice
cases and has recovered hundreds of millions of dollars in settlements
and verdicts for our clients.
Q: I signed a consent form at my doctor's
office. Did I waive my rights to bring a lawsuit?
A: No. A consent form indicates that you acknowledged
certain risks and complications associated with your treatment.
A consent form does not relieve your doctor from his or her duty
to meet the standard of care associated with such treatment.
If you have a question that has not been answered, please contact
our offices at 212-750-4949 or fill out the Contact
us form and a lawyer will contact you.
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