10 Questions a Personal Injury Lawyer will Ask You

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Clients are often nervous when meeting with their personal injury attorney for the first time. One may wonder, “What will a personal injury lawyer ask me?” Your personal injury attorney should ask several questions, which will indicate that they have a firm knowledge of personal injury law and are interested in your case. Here are a few questions you should expect your personal injury attorney to ask during the initial discussion.

What will a personal injury lawyer ask me?

1. When did the incident occur?

If the incident occurred recently, your law firm will be able to represent you and handle the case from this point on. However, if the incident occurred quite a while ago, the other party involved may have settled the case already.

2. What is the location of the incident?

This question determines the approximate locale of the accident. If the law firm takes your case, it is helpful if the incident happened in your area.

3. How did the incident happen?

It is extremely important that your attorney assess culpability. You should clearly explain how the incident occurred without exaggerating or omitting anything.

4. What injuries occurred?

Explain your injuries in detail, including how it has limited your daily interactions since the accident. Provide physicians’ reports if possible.

5. What are the current physical complaints?

Discuss any ongoing physical complaints that you have as a result of the incident. The potential value of your case may be determined by your attorney at this time.

6. What medical facilities treated you?

You should be examined by a physician or visit a medical facility in order to assess damages. Provide physicians’ reports if possible.

7. Do you have insurance?

Personal injury attorneys need to determine what medical insurance you have and what portion of the bill you are required to pay.

8. Have you contacted any insurance companies?

If you have contacted an insurance company immediately after the accident, let your attorney know what discussion took place. Wherever possible, record any interactions with an insurance representative

9. Did anyone witness the incident?

Witness testimonies can assist in strengthening your case.

10. Where is the property that caused the injuries?

If you were involved in an automobile incident, injured by a product or fell down a faulty staircase, photographs should be taken immediately before any repairs are made. When repairs are made, keep all receipts to prove the work has been done.

What should I bring to my appointment?

It is important to come prepared to your appointment. A personal injury attorney will ask you to bring a number of documents. Some of those will include police reports, declaration sheet, health coverage verification, property damage information, photographs of the accident, invoices and contact information for health providers that you have seen, and any other paperwork that is pertinent to the accident. This information assists the attorney in preparing for your case and helps them to represent you accurately and thoroughly in court.

Remember to prepare in advance. Write down questions that you have for your attorney and bring them with you. You should discuss the case in detail so you will have a clear understanding of everything that is happening. Above all, make recovery your top priority. If a personal injury attorney invests time asking questions, it creates a line of communication and a bond between you and the lawyer. This connection will most likely lead your lawyer to making your case a high priority and do the best job possible for you. If you need any further insight, please contact us at 212-353-8700, and we will help you assess your situation.

Is Sexual Harassment Against the Law?

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While working together offers numerous benefits, the gathering together of different people in a small setting day after day can also cause problems, particularly if personalities clash. Although physical confrontations such as fights may be relatively rare in the modern workplace verbal altercations are much more common, and such altercations can be sexual in nature. Sexual harassment is a disruptive force that affects morale across an entire workplace and can cause serious psychological damage to those affected.  If you are a victim of sexual harassment, you should speak up. Federal law, state law and sometimes even local law gives you the right to be free from sexual harassment at work. If your right is violated, you can take action and you should.

How Common is Sexual Harassment?

Understanding just how frequently sexual harassment occurs requires an understanding of what actually constitutes sexual harassment. Often, sexual harassment takes the form of offensive comments or unwanted touching related to a person’s gender. But that is not the only way sexual harassment can occur. According to the United States Equal Opportunity Commission, sexual harassment could include unwelcome sexual advances, requests for sexual favors, or making offensive comments about a person’s sex in general.

Not every instance of offensive offhand remarks or inappropriate comments constitutes sexual harassment, however. To qualify as sexual harassment, the behavior must reach a level of an “adverse employment decision,” such as denial of a promotion or job offer, or be of such severity or frequency that  it creates a “hostile work environment.” Even with this high standard, sexual harassment is not uncommon; the federal government reported the filing and resolution of nearly 11,400 sexual harassment complaints in 2011. While still a serious problem, this number was down from 1997, when there were about 15,900 filings. Of course, due to the sensitive nature of this issue and factors such as the concern for retaliation, it is likely that these statistics fail to recognize the full extent of sexual harassment. In addition, failure to recognize what constitutes sexual harassment can also result in under-reporting.

Is Sexual Harassment Against the Law?

Sexual harassment is not a tolerable practice in the workplace, and it tends to not only be against explicit company policy, but also against the law. Specifically, Title VII of the Civil Rights Act of 1964, a federal law, prohibits discrimination based on sex, and sexual harassment qualifies as such. The reach of Title VII extends to all employers with at least 15 employees, meaning that the vast majority of workplaces are subject to the requirements of Title VII.

In addition, state sexual harassment law tends to cover at least as many employers as the federal body of sexual harassment law. Additionally, local laws may also bar sexual harassment. For example, for a workplace in Manhattan, not only does the Civil Rights Act apply, but New York State Human Rights Law and the New York City Administrative Code could all work to protect an individual from sexual harassment, with such harassment potentially actionable as a violation of all three sources of law.

What to Do if You Experience Sexual Harassment

Sexual harassment can take many forms – from obvious physical groping and other types of unwanted touching to lewd propositions and frequent inappropriate sex-based comments. If you think you may have experienced sexual harassment, it is important to speak with a superior at work. Additionally, you should speak with an attorney for sexual harassment so that you can get a clearer understanding of whether or not you have been sexually harassed under the law and what your options are for addressing the problem. An attorney outside of your company can provide a neutral, objective perspective and offer discreet advice if you are uncomfortable discussing the situation with anyone at your workplace.

Can Sexual Harassment be Verbal?

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new-york-sexual-harassment-lawyersSome people think that your employer has to touch you in order for you to be a victim  of sexual harassment, but this is not correct. You have the legal right to be free from verbal sexual communication as well as physical contact, and if you receive verbal sexual harassment you may be able to file a lawsuit and claim money damages to compensate you for your suffering.  There are three main kinds of verbal sexual harassment:  explicit language, threats and promises.

Explicit Language

You have the right to avoid sexual communication at your workplace unless it is part of your employer’s work (for example, employees of Playboy magazine may need to discuss sex sometimes).  You always have the right to be free from personal sexual communication.  If someone at work is insisting on talking to you about sex, you should tell them to stop.  If they won’t, you should consult with an attorney to learn about your legal rights and the ways that you can fight back against this unwanted communication.

Threats

Sometimes an employer does not use explicit language but simply threatens an employee that she must engage in sexual activity in order to keep her job. Such threats are illegal.  Your employer can’t demand sex in exchange for employment, and if he does you may be able to file a lawsuit against him claiming money damages to compensate you for your mistreatment.

Promises

Not all sexual harassment is negative. Your employer may also offer you positive changes in the terms and conditions of your employment if you engage in sexual acts or communication.  This is known in the law as “quid pro quo” sexual harassment. It is illegal. Your employer can’t offer you better working conditions or higher pay in exchange for sexual communication or contact. If he does, you may be able to file a lawsuit against him and seek money damages to compensate you for this mistreatment.

5 Textbook Scenarios of Sexual Harassment

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Sexual harassment can take on many different forms. Below is a list of five common types of sexual harassment.

1. Verbal comment or gesture

Verbal comments or gestures from an employer to an employee are prohibited where the unwelcome or unwanted comments or gestures are of a sexual nature. This may include commentary about an individual’s body or sexuality, suggestive or obscene gestures, or the display of graphic and sexually suggestive objects.

2. Sexual jokes or advances

Unwanted sexual jokes, advances and flirtation are not permitted in the workplace. This includes sexual innuendo, graphic comments and repeated jokes made to members of one gender. Employees have the right to a workplace free from these types of comments.

3. Coerced sexual acts

An employee may not be forced to engage in any type of sexual relation with another employee, manager or supervisor. It is simply unacceptable for an employer to require an employee to engage in sexual conduct.

4. Quid pro quo

The literal translation of this means “something for something” and this typically takes the form of an employer making a non-work related request of an employee in return for something work related. For example, a manager is prohibited from conditioning a raise for an employee on the employee’s willingness to meet the manager for dinner. This may also include express or implied demands for sexual favors in exchange for continued employment or a promotion.

5. Inappropriate touching

An employee may not be touched, groped or assaulted by another employee, a manager or a supervisor. It is not appropriate for an employee to brush up against another employee and create unnecessary and unwanted contact.

The type of behavior described above is inappropriate and unacceptable in the workplace. If you or a loved one have experience sexual harassment at work, you should contact an attorney immediately to determine your rights.

10 Things You Need to Know About Personal Injury Law

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personal-injury-law-new-yorkMany people wonder what is personal injury law after they or a loved one has experienced an injury or died because of the actions of another person. Before you hire an attorney for your personal injury case, you need to do a little digging and understand the law’s basic applications to ensure you’re making the right move under your circumstances.

The Cases

Personal injury attorneys help you get compensation for loss, pain and suffering caused by the actions of another party. These actions don’t have to be direct. For example, if you fall down broken stairs, the person who owns the structure may be liable because they failed to repair the stairs. You can also sue on behalf of a deceased family member.

The Compensation

Compensation depends on the circumstances of the case but may include money for medical bills, pain and suffering, current lost work wages, reduced or lost earning potential or funeral expenses. Awards may be higher in cases of extreme suffering and negligence. An experienced personal injury attorney will examine your case and determine what you can ask for in light of your situation.

The Fees

Personal attorney injury fees vary by lawyer but usually don’t involve upfront costs. The attorney gets a percentage of your award only if you win your case. In some locales, what is personal injury law becomes a relevant question, as your state may allow the attorney to charge you the filing fees if you lose.

The Selection Process

Look for a personal injury attorney with experience in your case type and area. Check with your state’s Bar Association for a list of area attorneys if you’re uncertain about whom to use and start there.

The Interview

Speak to each attorney you’re considering. Ask the attorney about their experience, success rate, fees and communication policies.

The Final Choice

Select an attorney with experience, reasonable and clear fees and a solid communication policy.

The Timeframe

Personal injury cases may take months or years to resolve. Be prepared to work with your attorney and be patient.

The Process

Personal injury lawsuit proceedings vary by state. Ask your attorney to explain the phases of the case to you and be ready to offer whatever information or documentation necessary for your lawsuit.

The Response

A personal injury case is about the pain, suffering and damage caused by the other party. Don’t allow others to negatively affect you for seeking reasonable compensation for your losses.

The Outcome

No attorney can guarantee the outcome of a personal injury lawsuit, but they should be able to provide you with an experienced perspective on your case and its eventual conclusion.

Handling Sexual Harassment in the Workplace

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Although Title VII of the U.S. Civil Rights Act made gender discrimination in the workplace illegal as of 1964, sexual harassment still unfortunately occurs with alarming regularity. Sexual harassment in the workplace is discrimination and cannot be tolerated. Inappropriate interactions become harassment under the law when their frequency and severity create a hostile, offensive working environment such as when it becomes difficult to complete your job tasks due to the discrimination, when your employer passes you over for a promotion or if your employer fires you for refusing sexual advances.

Men and women who are victims may not know how to handle sexual harassment in the workplace, instead passively accepting their situation, dreading going into work or even quitting to escape further abuse. Harassers can take many forms, including supervisors, peers or even customers. Victims have rights, they can complain and they deserve justice.

Speak Up

If you are a victim of sexual harassment at work, you are certainly not alone. In 2011, the U.S. Equal Employment Opportunity Commission tracked 11,364 sexual harassment complaints. While you may be tempted to quit to avoid the situation altogether, leaving without giving your employer the chance to make things right perpetuates the situation for other employees and could nullify any claims against your employer you may wish to file in the future. Your employer may be eager to step in and resolve the issue if they are made aware they have a problem with sexual harassment.

File a Formal Complaint

If you don’t know how to handle sexual harassment in the workplace, read your company’s policies, consult with your Human Resources representative and file a formal, written complaint. Include specific details, such as dates and times, and directly quote, whenever possible, what your harasser said and who witnessed each interaction. After receiving your complaint, your employer should conduct a thorough investigation including interviewing witnesses, yourself and the harasser. Disciplinary actions for your harasser may include education, sanction, retraining, or transferring or termination of your harasser.

Seek Legal Advice

If you have followed your company’s policies but sexual harassment continues, consult an attorney. Pursuing a legal case holds your employer accountable, protects other employees and may protect your job. It may also entitle you to obtain monetary compensation for the damages that you have suffered. Lawyers who focus on handling sexula harassment cases can represent and advocate for you, while protecting you from retaliation and job loss. Relying on an experienced attorney can give you peace of mind, confidence and support during this time of stress.

When is a Personal Injury Lawyer the right hire?

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Often, when misfortune rears its ugly head in life, those close to you may offer the oft-repeated phrase, “accidents happen” as a concession to the unpredictable nature of the world. However, accidents and injury-causing events typically don’t arise out of thin air. Instead, they tend to be caused by other people who have acted, or failed to take action, in a manner that introduced a high level of risk into a given situation. Many times, the person, group, or organization responsible for causing the injury-causing event may be legally liable for the harm you’ve suffered.

NYC-personal-injury-lawyerOf course, the aftermath of a personal injury accident can be chaotic and disruptive, so it may be difficult to tell when to hire a personal injury lawyer. However, hiring a lawyer to pursue legal action can ease the burdens on you and your loved ones and assist you in getting your life back on the right track. Many situations that caused personal injuries may entitle you to legal compensation, so consulting an attorney never hurts. Generally speaking, if your accident falls into one of the categories below, it may be the right time to hire a personal injury lawyer.

Auto Accidents

Whether driving a car, truck, motorcycle, or any other vehicle in between, people have a duty to other drivers to drive with reasonable care. This means that failing to obey the rules of the road, giving in to distractions and driving inattentively, or drinking and driving, are unacceptable behaviors. In addition, if driving in an unsafe manner causes an accident, the offending driver may be liable for any damage an accident causes. So when you sustain personal injuries or property damage from such an accident, hiring a lawyer may help you to secure compensation.

Workplace Issues

Sometimes, you may not love your job, but that doesn’t mean you have to put up with unfair treatment. Being threatened or dismissed for discriminatory reasons or being sexually harassed is never acceptable, and federal and state laws exist to protect you in these situations. A lawyer can help you understand your rights and help you to seek compensation for wrongful termination and other issues. Additionally, injuries you sustain at the workplace may also entitle you to compensation.

Defective Products

From medical products to toys, consumers expect products they buy to be effective and, if anything, improve their quality of life. However, some products may be negligently produced and present unreasonable risks to users. If you or a loved one has been harmed by a medical device, drug, supplement, or any other consumer product, an attorney can help you secure compensation.

Other Claims

It may not always be clear when to hire a personal injury lawyer, as accidents can happen in a broad variety of ways. For example, a slip and fall at a local business or the neglect or abuse of a loved one at a nursing home may give rise to personal injury liability. In addition, the wrongful death of a loved one may also give you rights to legal recourse. When in doubt, consulting an experienced attorney can help you understand your legal rights and options. The lawyers at Eisenberg & Baum, LLP have the resources, dedication, and knowledge to fight for you.

Selecting the Right Personal Injury Lawyer: What To Look For

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Are you searching for a personal injury lawyer? What should you look for? How do you choose the right attorney for your case? When looking for a personal injury attorney, it is important to select a firm that is experienced, responsive, aggressive, and trustworthy.

Experienced

An attorney experience in personal injury litigation can help to obtain the most favorable results. You should seek a firm who has experience in handling your type of case. Each case is unique but experience with similar cases can help a firm obtain the most favorable result possible. You may want to select a lawyer who has represented other individuals with claims similar to yours.

Responsive

When selecting an attorney, you should seek a firm that is available and responsive to your concerns. As the client, you are entitled know the status of your case. Therefore, it is imperative that the firm which is representing you is responsive to your questions.

Aggressive

You should seek zealous representation. Attorneys should be courteous and polite, the attorney handling your matter should be aggressive when necessary in order to deliver results.

Trustworthy

Equally important as experienced, responsive and aggressive attorney is an attorney who is trustworthy. It is imperative that you have confidence in your legal representation. As the client, you should also feel comfortable with the attorney you have chosen.

Why our Personal Injury Attorneys are different

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When it comes to handling a personal injury case, you should choose your attorney with care. The right attorney makes all the difference between winning everything you deserve and losing or settling for less. Winning hinges on knowing how to find a personal injury attorney, which means finding someone who is compassionate, caring and aggressive in their pursuit for your rights.

Elements of the Right Personal Injury Attorney

Even if a firm states they have dedicated personal injury attorneys, it isn’t enough. An attorney needs experience, expertise, dedication and compassion to not only win, but ensure you win every penny. At the same time, you want someone who will aggressively investigate and pursue your case without giving the opposition any leeway.

A Personal Touch Makes the Difference

New-York-Personal-Injury-AttorneysEvery attorney at Eisenburg & Baum, LLP helps you get results when it matters the most. Our attorneys are different because they truly empathize with your situation and treat you with the utmost respect and compassion. Many personal injury attorneys are only focused on the case and not the person. We believe the best results come when you focus on both.

When it comes to ensuring we have all the relevant details about your situation, a compassionate, caring attorney is always best. You’ll feel less stressed and better able to remember the minute details that will give us that extra edge to win your case. In addition, by seeing you as a human being and not just another case, we have even more incentive to win, because we get to know you as a person.

Our personal approach makes you feel comfortable during a stressful time in your life. We handle the ‘heavy lifting’ and help you put your life back together. Our entire firm works together as a team, so we see your case from every possible angle. While you’re our client, you become part of our family, and we all work to ensure you get the compensation you deserve for your injury and trouble.

When It Matters Most

While our entire team consults on cases, we have attorneys whose main area of expertise is personal injury law. With this expertise on your side, you don’t have to worry about how to find a personal injury attorney who will fully understand your unique situation. With extensive experience representing a wide variety of personal injury clients.

With multiple mediations, trials, and arbitrations behind them, they’ve gained the professional and personal experience that makes the difference between success and having clients feeling left out in the cold. Eric Baum has even had cases featured on CNN, NBC News, CBS News, ABC News, the Today Show and the Washington Post.

The combination they bring to the table is a mixture of energy, expertise and compassion. They serve as the perfect example of what makes our attorneys different and what you should search for in a personal injury attorney.

Sexual Harassment: Defining A Hostile Work Environment

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Although Title VII of the U.S. Civil Rights Act made sexual harassment in the workplace illegal as of 1964, it still unfortunately occurs with alarming regularity. Sometimes an employee who is sexually harassed gets fired after refusing to engage in sexual communication or behavior. In that case, the employee can bring a lawsuit for wrongful termination. But what if the employee decides to quit because the harassment is so bad? Or what if the employee can’t afford to quit and must continue working, but the harassment doesn’t stop? In both cases, it may still be possible to bring a lawsuit seeking money damages.

Hostile Work Environment

When your workplace constantly presents you with unwanted sexual communication and acts which are  severe and pervasive enough that they permeate the work environment and interfere with your ability to perform your job, you are working in a “hostile environment” that is prohibited by law.  If you notify your employer about this condition and nothing is done, you can consider filing a lawsuit against your employer seeking money damages to compensate you for this mistreatment and an order from the court that the mistreatment must cease.  Filing such a lawsuit is protected by law. If your employer retaliates against you by firing you or subjecting you to further mistreatment, you will have an additional claim for money damages.

Constructive Discharge

If the work environment is so pervaded with sexual acts and communications that it is intolerable you, forcing you to stop coming to work, that is called “constructive discharge.  Leaving your job under such circumstances is not considered “quitting” by the law, it is viewed the same as if you had been fired. Of course, you must prove that the mistreatment was so bad that a reasonable person would not have continued coming to work, and you should consult with an attorney before making this decision. But if you prove constructive discharge, you have a claim for money damages against your employer including all your lost income.

Emotional Pain and Suffering

Even if your employer does not fire you and you do not quit, you still may have a claim for money damages against your employer for hostile work environment. If your experiences are causing you significant emotional pain and suffering, and if you notify your employer and nothing is done to stop the harassment, you can file a lawsuit against your employer and seek a court order directing the employer to halt the harassment so you can do your job. You can also seek money damages to compensate you for your pain and suffering.

Take Legal Action

If you have followed your company’s policies but harassment continues, you can consider taking action to put a stop to the mistreatment . Pursuing a legal case holds your employer accountable, protects other employees at your job and allows you to obtain monetary compensation for the turmoil you have suffered. Lawyers who specialize in handling sexual harassment cases can represent and advocate for you, while protecting you from retaliation and job loss. Relying on an experienced attorney can give you peace of mind, confidence and support during this time of stress.

Get Compensation

A person who proves they are the victim of hostile workplace can get various kinds of compensation in court.  They can get lost past and future wages, they can get compensation for emotional pain and suffering, and if they can prove the employer’s actions were willful they can get punitive damages.  They can also get their attorneys fees.