Wilcox Law FAQs

General FAQs

  •  
    What is the first step in seeking legal counsel?

    Schedule an appointment with one of the Silberstein, Awad & Miklos auto accident attorneys to find out more. A simple consultation can provide you with valuable information about your rights because we only work on contingency, it won’t cost you anything to talk with us.

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    What Is my case worth?

    It is impossible to make generalizations about the value of any case without knowing the details of the harm caused and the manner it was caused. One of the most important jobs that your attorney will conduct is leaving no stone unturned when it comes to detailing all possible losses that will translate into a legal recovery. The law allows recovery for a wide range of situations, many of which may not be readily apparent to the injured party. This includes past medical bills, future medical and rehabilitation costs, therapy, lost past wages, lost future income, pain and suffering, and more.

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    What is this going to cost me?

    We are committed to providing clients with a no-stress, no-hassle intake process, and to delivering affordable justice to all injury victims. Consequently, we offer the following arrangements to all of our prospective clients:1. A Free Initial Consultation. Every prospective client is entitled to a free initial consultation with someone from our firm without any kind of charge or obligation. We also work on a contingency fee basis, which means that you "Don't Pay Until You Win." .

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    Should I accept the insurance company settlement?

    It cannot be reiterated enough that insurance companies are in the business of minimizing payouts to maximize company profits. No matter how nice the insurance adjuster seems or how many details they give you regarding your compensation, the adjuster’s goal is to pay you as little as possible. In fact, the adjuster is usually rewarded for resolving claims for as little as possible and as quickly as possible.

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    My problem occurred a fairly long time ago. Can I still make a claim?

    Your claim might be barred by the “statute of limitations.” This is the time limit to start a lawsuit against the person or business liable for your injuries and losses. Statutes of limitations have exceptions, so you should consult your lawyer. There may still be time to make a claim.

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    Can I handle the case on my own, or do I need an attorney?

    Following an accident it is understandable for individuals to want to settle the matter quickly and move on with their lives as soon as possible. As a result, some may be tempted to try to take care of all issues—including legal issues—without getting professional representation. It is crucial to understand the pitfalls of trying to go it alone.

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    What type of settlement am I entitled to?

    Once we have an idea of the type of negligence exhibited, the insurance company’s position, and the extent of your injuries, will we be able to formulate a dollar amount for your case. Our analysts will need to calculate how your injuries affect your livelihood and the extent to which it will affect your future.

  •  
    Should I accept the insurance company settlement?>

    It cannot be reiterated enough that insurance companies are in the business of minimizing payouts to maximize company profits. No matter how nice the insurance adjuster seems or how many details they give you regarding your compensation, the adjuster’s goal is to pay you as little as possible. In fact, the adjuster is usually rewarded for resolving claims for as little as possible and as quickly as possible.

  •  
    Can I handle the case on my own, or do I need an attorney?>

    Following an accident it is understandable for individuals to want to settle the matter quickly and move on with their lives as soon as possible. As a result, some may be tempted to try to take care of all issues—including legal issues—without getting professional representation. It is crucial to understand the pitfalls of trying to go it alone.

  •  
    What type of settlement am I entitled to?>

    Once we have an idea of the type of negligence exhibited, the insurance company’s position, and the extent of your injuries, will we be able to formulate a dollar amount for your case. Our analysts will need to calculate how your injuries affect your livelihood and the extent to which it will affect your future.

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    What is a personal injury?>

    A personal injury is a physical, mental or emotional injury to a person as a result of another party’s negligence.

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    I know an accident victim who suffered the same kinds of injuries I did, but received a different amount of money. Why?>

    Every accident and every accident victim are different. Many factors go into determining an accident victim’s compensation. A change in just one factor can have a big impact on the amount granted in a personal injury settlement or verdict.

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    How far does the property owner’s duty of care extend?>

    Property owners have a duty to maintain safe conditions for residents, guests, employees, and visitors. A trespasser on the property may still have a claim to damages upon injury, depending on the circumstances.

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    How do I prove negligence in a premises liability claim?>

    The premises liability attorneys Silberstein, Awad & Miklos, P.C. will organize the details of your case to demonstrate how the property owner was negligent. Having pictures of the accident site displaying the hazardous conditions will assist in this process. It will also help to have witnesses that can either testify to the details of the accident or to the condition that caused your accident. Your attorney will also need to show how the hazard caused your specific injuries.

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    How do I know if I have a legally valid personal injury claim?>

    If you can show that your injury was the result of someone else’s negligence, then you most likely have a valid claim. Because personal injury law is complicated, it is best to hire an attorney who can help you immediately after you receive your injury. The injury attorneys at Silberstein, Awad & Miklos, P.C. can help you determine if someone else is liable for your injury, and we can assist you in evaluating your losses.

  •  
    How do I handle insurance adjusters?>

    When accidents occur, it is common for an insurance company to ask you to make a recorded statement with an insurance adjuster. It is never wise to do so without having consulted your attorney first. If you decide to do so without an attorney’s advice, you should keep certain facts in mind. 

  •  
    Do I have a legal claim for my injury?>

    The first thing that many individuals wonder when they are hurt in an accident is if they have a legal claim. It is often difficult to parse through the specifics of a case to understand who might be at fault and whether a third-party acted inappropriately such that they will be held accountable, in full or in part, for the harm caused.

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    Can you give me some examples of personal injury?>

    Vehicle accidents
    Slip and fall accidents
    Long term care facility abuse
    Dog bites
    Product liability
    Work-related accidents
    Airplane turbulence/ accidents
    Elevator accidents

  •  
    Who can be held responsible for construction site injuries?>

    If you were injured as an employee or contract worker on a construction site, we may target the construction company who hired you, the manufacturers of the faulty equipment, or other workers whose negligence contributed to your accident. Ultimately, we are seeking damages from insurance providers.

  •  
    Should I accept the insurance company settlement?>

    It cannot be reiterated enough that insurance companies are in the business of minimizing payouts to maximize company profits. No matter how nice the insurance adjuster seems or how many details they give you regarding your compensation, the adjuster’s goal is to pay you as little as possible. In fact, the adjuster is usually rewarded for resolving claims for as little as possible and as quickly as possible.

  •  
    What to do after a car accident?>

    When a motor vehicle accident occurs it is easy to become disoriented, shaken, and confused. However, in the aftermath of an accident it is important to obtain crucial information. A helpful way to remind yourself what to do after a car accident is to keep a checklist of phone numbers to call and questions to ask along with your insurance information in your glove compartment or center console. Read More...How do I handle insurance adjusters?When accidents occur, it is common for an insurance company to ask you to make a recorded statement with an insurance adjuster. It is never wise to do so without having consulted your attorney first. If you decide to do so without an attorney’s advice, you should keep certain facts in mind.

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    How do you determine who’s at fault in a car accident?>

    In most cases, police officers are responsible for completing a police report. However, they’ll first need to inspect the accident scene, speak with all parties involved in the accident, and talk with witnesses too. As a result of their investigation, the officer might issue traffic citations to any negligent drivers. The police report and traffic citations ultimately don’t prove who’s at fault, but they can be used as evidence that a driver was negligent. Insurance companies, personal injury lawyers and ultimately, a court will determine who is at fault in a crash

  •  
    How do I handle insurance adjusters?>

    When accidents occur, it is common for an insurance company to ask you to make a recorded statement with an insurance adjuster. It is never wise to do so without having consulted your attorney first. If you decide to do so without an attorney’s advice, you should keep certain facts in mind. 

  •  
    What car accident information will be of help to my attorney?>

    If you’re considering filing suit against a negligent driver, the car accident lawyers will need as much information as you can provide. We will be looking for traffic signal or sign locations, weather and road conditions, vehicle positions, impact location, witness information, and medical reports detailing the extent of your injuries.

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    What should I do if I am injured on someone else’s property?>

    If you are injured on someone else’s property, take note of the surroundings and the hazard which caused you to fall. If you have a camera or mobile phone with photo capturing ability, try to take photos of the hazard as this may serve as evidence of the condition of the property at the time of injury. If there are any witnesses, ask for their contact information or a written statement of the accident from their perspective. If you are in a business setting, the business will probably require that you submit an accident report at the time of the incident. Be sure to retain a copy of this

  •  
    As a homeowner, what am I required to do to ensure that I am not liable for damages should someone slip and fall on my property?>

    As a property owner, it is your responsibility to maintain a safe environment for all visitors to your property. If there is a defective condition, you must warn individuals of the hazard and correct it in a timely manner. Regular maintenance will ensure that you are aware of any unsafe condition and are able to fix it to avoid injury to others. The extent of liability, if any, can vary depending on each situation, so it is best to consult a qualified personal injury lawyer who is familiar with the specific laws of your local jurisdiction.

  •  
    What damages can be awarded in a dog bite injury case?>

    Depending upon the circumstances, some or all of the following may be awarded and/or recovered in a dog bite injury case.

    Possible damages in a dog bite case:

    • Past and future medical care, rehabilitative care, and related expenses
    • Pain and suffering
    • Psychological damage
    • Past and future income lost because of the accident, as well as employment retraining if necessary
    • Permanent physical disability, disfigurement or scarring
    • Loss of family, social and educational experiences
    • Emotional damages such as stress, embarrassment, depression, or strains on family relationships, loss of
  •  
    What authorities should be contacted after a dog bite injury?>

    If you or someone you know has been the victim of a dog bite injury or animal attack you should call the police as soon as possible so that an investigation can be conducted and a report filed. You, or the police, should also contact the Dog Warden so that the dog can be quarantined and the appropriate vaccination records can be checked.

  •  
    How far does the property owner’s duty of care extend?>

    Property owners have a duty to maintain safe conditions for residents, guests, employees, and visitors. A trespasser on the property may still have a claim to damages upon injury, depending on the circumstances.

  •  
    What steps should I take immediately after a workplace accident?>

    After an injury in the workplace, it is important to take these steps:

    • Seek medical attention immediately;
    • Report the injury to your employer;
    • Talk to an attorney to understand your rights and legal options.

    Having an experienced attorney on your side through the process can be extremely beneficial.

  •  
    What if my employer did not purchase workers' compensation insurance?>

    Under the law, if an employer failed to purchase workers' compensation insurance, an injured employee can bring a claim directly against the employer if the employer, or a co-worker, negligently caused the incident.  We handle many cases on behalf of workers injured by the negligence of employers who did not provide workers' compensation insurance.

  •  
    A co-worker was negligent and caused my injury. What options do I have?>

    Workers' compensation covers all types of workplace injuries, including those caused by negligent co-workers.

    However, many people are unaware of the options available to them if they were injured in an incident caused by a negligent third party such as another company or a product manufacturer.

    Depending on the circumstances of your injury, we may be able to file a third-party liability claim on your behalf. You may be entitled to additional compensation if a negligent co-worker or other third party caused or contributed to your incident.

  •  
    Who can be held responsible for construction site injuries?>

    If you were injured as an employee or contract worker on a construction site, we may target the construction company who hired you, the manufacturers of the faulty equipment, or other workers whose negligence contributed to your accident. Ultimately, we are seeking damages from insurance providers.

  •  
    My business partner breached our contract. What steps should I take?>

    If you have been wronged under a contractual agreement, it is advisable to speak to an attorney as soon as possible.

    A breach of contract can cause immediate and imminent harm to a business. To minimize the risk of significant loss, you should act promptly. Quick action may protect information and preserve resources.

    During your first meeting with an attorney, gather copies of any applicable correspondence as well as any contract related to the dispute.

  •  
    Do I need a business attorney or can I settle this dispute on my own?>

    There are certainly situations in which it is possible to settle a business dispute without help from an attorney.
    However, when negotiating on your own is ineffective - or when a dispute suddenly escalates it may be time to get outside legal help.
    Our firm offers a free consultation to discuss the specifics of your case. During this consultation, we will explain how we can help in your particular situation.

     

  •  
    Can my business dispute be settled outside of court?>

    Each case is different, and many factors can influence whether this is possible. Many business disputes are settled outside of the courtroom.

    However, it is important that your case is prepared for trial - even if it never ends up in court.

    We never promote unnecessary business litigation. But we also do not encourage our clients to accept a proposed solution that is unsatisfactory to them. In each case we handle, we learn about our clients' goals and help them identify the most effective way of meeting them.

  •  
    My business partner breached our contract. What steps should I take?>

    If you have been wronged under a contractual agreement, it is advisable to speak to an attorney as soon as possible.

    A breach of contract can cause immediate and imminent harm to a business. To minimize the risk of significant loss, you should act promptly. Quick action may protect information and preserve resources.

    During your first meeting with an attorney, gather copies of any applicable correspondence as well as any contract related to the dispute.

  •  
    Can my business dispute be settled outside of court?>

    Each case is different, and many factors can influence whether this is possible. Many business disputes are settled outside of the courtroom.

    However, it is important that your case is prepared for trial - even if it never ends up in court.

    We never promote unnecessary business litigation. But we also do not encourage our clients to accept a proposed solution that is unsatisfactory to them. In each case we handle, we learn about our clients' goals and help them identify the most effective way of meeting them.

  •  
    What is a Separation Agreement? >

    A Separation Agreement is a written document, signed by both spouses, which establishes all of your marital rights and responsibilities as if you were divorced. The terms of this Agreement are negotiated and established by the spouses (usually with the assistance of their attorneys) and therefore judicial intervention is not required. The Agreement provides that, should the parties seek to be divorced at any time in the future, the terms of the Agreement will be the terms of the divorce. Consequently, once the parties have entered into a Separation Agreement, since all of the marital issues

  •  
    How do I get custody of my children? >
    The determination of custody of minor children is based solely on “the best interests of the children”. If you and your spouse are unable to agree upon (or reach a compromise) in this regard, the court will make a determination (after a hearing or trial) as to what is in your children’s best interests and will establish custody accordingly.
  •  
    How do I get custody of my children? >
    The determination of custody of minor children is based solely on “the best interests of the children”. If you and your spouse are unable to agree upon (or reach a compromise) in this regard, the court will make a determination (after a hearing or trial) as to what is in your children’s best interests and will establish custody accordingly.
  •  
    What is a Separation Agreement? >

    A Separation Agreement is a written document, signed by both spouses, which establishes all of your marital rights and responsibilities as if you were divorced. The terms of this Agreement are negotiated and established by the spouses (usually with the assistance of their attorneys) and therefore judicial intervention is not required. The Agreement provides that, should the parties seek to be divorced at any time in the future, the terms of the Agreement will be the terms of the divorce. Consequently, once the parties have entered into a Separation Agreement, since all of the marital issues

  •  
    How do I get custody of my children? >
    The determination of custody of minor children is based solely on “the best interests of the children”. If you and your spouse are unable to agree upon (or reach a compromise) in this regard, the court will make a determination (after a hearing or trial) as to what is in your children’s best interests and will establish custody accordingly.
  •  
    When a real estate dispute arises, is litigation the only option?>

    Disputes are possible in any legal field, including real estate. If you are dealing with any type of real estate dispute, such as a property defect or boundary dispute, you may be able to resolve the matter outside of the courtroom through negotiation. This will usually be an attorney's first course of action, with litigation only considered if it is impossible to reach and out-of-court agreement.

  •  
    What are some situations that may result in real estate litigation?>
    Real estate litigation may arise from various issues. Some possibilities include: boundary disputes, homeowners association disputes, construction defects and delays, property defects, breaches of contract and landlord-tenant disputes.
  •  
    What are some of the issues that a rental or lease agreement may address?>

    A rental or lease agreement should outline a number of key factors related to the rental or lease of property. This may include details about payments, recourse if payments are missed, the duration of the contract, what the property should be used for, who is liable for repairs, whether pets are allowed, whether subletting is permitted and any other relevant matters. A legally sound, thorough agreement is important if you want to avoid potential landlord-tenant issues.

  •  
    How far does the property owner’s duty of care extend?>

    Property owners have a duty to maintain safe conditions for residents, guests, employees, and visitors. A trespasser on the property may still have a claim to damages upon injury, depending on the circumstances.

  •  
    How can an attorney help with a real estate purchase or sale?>

    Purchasing or selling a home or commercial property is a complex transaction. It is also most likely one of the largest financial transactions you may deal with in your lifetime, making it all the more important to ensure that your interests are properly protected. A real estate attorney can help by guiding you through every step of the transaction, conducting a deed and title review, reviewing and explaining all documents before you sign and otherwise protecting your legal rights. This can facilitate a faster and more beneficial transaction while avoiding costly, unnecessary delays or

  •  
    Do I have any options in the face of foreclosure?>
    If you're facing foreclosure, you have options. You may be able to avoid foreclosure entirely and save your home through bankruptcy or loan modification. If you wish to sell or surrender the property, you may consider a short sale or deed in lieu of foreclosure. Your options will vary depending on your goals and the unique situation.
  •  
    How can an attorney help with a real estate purchase or sale?>

    Purchasing or selling a home or commercial property is a complex transaction. It is also most likely one of the largest financial transactions you may deal with in your lifetime, making it all the more important to ensure that your interests are properly protected. A real estate attorney can help by guiding you through every step of the transaction, conducting a deed and title review, reviewing and explaining all documents before you sign and otherwise protecting your legal rights. This can facilitate a faster and more beneficial transaction while avoiding costly, unnecessary delays or

  •  
    What are some of the issues that a rental or lease agreement may address?>

    A rental or lease agreement should outline a number of key factors related to the rental or lease of property. This may include details about payments, recourse if payments are missed, the duration of the contract, what the property should be used for, who is liable for repairs, whether pets are allowed, whether subletting is permitted and any other relevant matters. A legally sound, thorough agreement is important if you want to avoid potential landlord-tenant issues.

  •  
    Do I have any options in the face of foreclosure?>
    If you're facing foreclosure, you have options. You may be able to avoid foreclosure entirely and save your home through bankruptcy or loan modification. If you wish to sell or surrender the property, you may consider a short sale or deed in lieu of foreclosure. Your options will vary depending on your goals and the unique situation.
  •  
    When a real estate dispute arises, is litigation the only option?>

    Disputes are possible in any legal field, including real estate. If you are dealing with any type of real estate dispute, such as a property defect or boundary dispute, you may be able to resolve the matter outside of the courtroom through negotiation. This will usually be an attorney's first course of action, with litigation only considered if it is impossible to reach and out-of-court agreement.

  •  
    What are some situations that may result in real estate litigation?>
    Real estate litigation may arise from various issues. Some possibilities include: boundary disputes, homeowners association disputes, construction defects and delays, property defects, breaches of contract and landlord-tenant disputes.
  •  
    Why should I pay a lawyer to prepare a Will instead of preparing my own Will that I can download off the Internet? >

    You get what you pay for. Often those forms are not specific to New York State. You will end up with a signed Will form which, if not properly executed, may not be legally valid. A one-size-fits all form does not capture the legal expertise that goes into estate planning; that includes reviewing your assets (probate and non-probate) and coordinating your Will, trusts, beneficiary designations, and proper titling of your accounts, and taking estate and income tax issues into consideration, working with you, your accountant and your financial advisor to achieve a comprehensive estate plan. You

  •  
    Why is it important to execute a Health Care Proxy? >
    Because the person you name in your Health Care Proxy as your agent can make health care decisions for you if you cannot make them for yourself.
  •  
    What is the purpose of estate planning? >

    Estate planning seeks to ensure that if you die or become disabled, your personal and financial matters are handled according to your objectives, while minimizing the financial and emotional cost.

  •  
    What happens if I have not executed a durable Power of Attorney and I become incapacitated? >
    Your family must undertake an expensive guardianship proceeding in court to get someone appointed to act as your guardian, who will have authority to handle your affairs.
  •  
    What happens if I die without executing a Will? Is it true that New York State will take my assets if I die without a Will? >
    New York State imposes a default estate plan for you; it is called the law of intestacy and the statutes dictate that your closest relatives will inherit your assets.
  •  
    Why should I pay a lawyer to prepare a Will instead of preparing my own Will that I can download off the Internet? >

    You get what you pay for. Often those forms are not specific to New York State. You will end up with a signed Will form which, if not properly executed, may not be legally valid. A one-size-fits all form does not capture the legal expertise that goes into estate planning; that includes reviewing your assets (probate and non-probate) and coordinating your Will, trusts, beneficiary designations, and proper titling of your accounts, and taking estate and income tax issues into consideration, working with you, your accountant and your financial advisor to achieve a comprehensive estate plan. You

  •  
    What happens if I die without executing a Will? Is it true that New York State will take my assets if I die without a Will? >
    New York State imposes a default estate plan for you; it is called the law of intestacy and the statutes dictate that your closest relatives will inherit your assets.
  •  
    What happens if I have not executed a durable Power of Attorney and I become incapacitated? >
    Your family must undertake an expensive guardianship proceeding in court to get someone appointed to act as your guardian, who will have authority to handle your affairs.
  •  
    Why is it important to execute a Health Care Proxy? >
    Because the person you name in your Health Care Proxy as your agent can make health care decisions for you if you cannot make them for yourself.