How to Find the Right Personal Injury Lawyer

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new-york-best-personal-injury-lawyers-300x200When you’re injured and need representation for insurance claims and lawsuits etc., it’s easy to get lost in the hundreds of attorneys available to you. Hiring an attorney is a very personal decision and should be based on solid research as well as how you react to the lawyer. It’s important not to simply open the phone book and choose a lawyer, so here are some important tips on choosing the right one and making sure the one you choose is reputable.

Begin Your Search

While phone books and online websites are great ways to get a list of lawyers, it’s best to get referrals from friends and family who have been in a similar situation. Referrals are one of a lawyer’s best tools and a major way they get business. How to find a personal injury lawyer isn’t an easy question to ask, but most people will be willing to help you out. If a relative won a personal injury case with this attorney, you not only know that they have the skills required, but also treated your relative well.

If you don’t have a friend or relative to ask, your best option is to begin looking online or in the phone book. The list will be long, but at least you’ll have a pool to choose from. Also, do not take the word of commercials and how fancy their ads are. Let the lawyer’s education, training, and honesty take priority over flashy advertising.

The Consultation

Most attorneys will not charge to meet with you to discuss your case. This is the initial consultation and your opportunity to tell them about your case and to find out if they are willing to represent you. It’s a two-way street. You’re choosing the attorney, but the attorney is also deciding if your case is winnable and if they want to take it.

This is when you can ask them all the important questions as well. It’s important to ask about the following:

  • Their educational background.
  • How long they have been in practice.
  • How many cases have been similar to yours.
  • Have they had any experience in a trial atmosphere.
  • You should also ask them about fees, including any retainer fees and contingency fees that might arise.

When the consultation is over, you should have all the information for whether or not you want them to be your lawyer.

Sexual Harassment: Explaining Quid Pro Quo

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One kind of sexual harassment occurs when the employer subjects the employee to unwanted sexual communication or behavior, creating a hostile workplace. To learn more about hostile workplace, read our publication “Sexual Harassment: Defining A Hostile Work Environment.”  But that isn’t the only form of sexual harassment. Sometimes an employer simply makes it clear that an employee can’t be hired or raised or promoted unless they are willing to engage in sexual communication or behavior. This is called “quid pro quo” harassment, and it’s just as illegal as hostile work environment.

Quid Pro Quo

“Quid pro quo” is a Latin phrase that means “give something to get something.” It means your employer is telling you that if you want to get hired, or keep your job and benefits, or get a raise or a promotion, then you need to engage in sexual communication or behavior.  Quid pro quo is illegal, even if you agree to it.

Know Your Rights

The law says that the employer can’t make sexual communication or behavior a condition of your employment.  If this happens to you, you should make a complaint to your employer’s designated equal employment opportunities officer. If your employer doesn’t take action to correct the situation, you should consider talking to a lawyer.  Even if you have agreed to engage in sexual communication or conduct and received a benefit, you may still be able to make a claim for money damages against your employer and seek an order from a court that will force the employer to stop mistreating you.

Examples of Quid Pro Quo

Suppose your boss tells you that he’ll let you work the day shift if you tell him what kind of underwear you have on. That’s quid pro quo sexual harassment.  What if your boss says you can have company health insurance, but you need to give him a back rub. That’s quid pro quo sexual harassment.  How about if your boss tells you that he’ll give you a better office and a raise if you agree to date his biggest client? That’s quid pro quo sexual harassment. If your boss is raising sexual topics with you and you feel uncomfortable, it is probably illegal.

Take Legal Action

If you have followed your company’s policies but quid pro quo 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 gender discrimination 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.

10 things to ask your lawyer in a case review

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Do you need an attorney? Whether you were involved in a catastrophic car collision, have been discriminated against at work, or suffered an injury as a result of someone else’s negligence, below are some questions you should ask your potential lawyer.

1. Have you handled this type of case before?

It is important for you to hire an attorney who is experienced in handling your type of case. While each case is unique, experience handling similar matters helps.

2. What is the best method for contacting you?

Clients must be able to get in touch with their lawyers and receive updates on their cases. Therefore, it is imperative that you know how to reach your lawyer. Equally important is the lawyer’s responsiveness in responding to inquiries from clients.

3. Who will be handling my case?

Clients should be aware of whether one individual will be handling their case or if there will be a team of people working on their matter. Each firm has a different method for handling matters and client contact so it is important for you to understand with whom you will be communicating.

4. To whom may I speak with about my case?

Your lawyer can guide you regarding who should know about the details about your case. Statements about your case to non-parties, whether they be in person, on the phone, in an email, or on social media, may be discoverable. It is important to listen to your lawyer and heed their advice.

5.       What are your fees?

Clients must understand the legal fee arrangement at the outset of the representation. You should ask your lawyers to clarify any questions you may have prior to the start of the representation.

6. Are there other fees for which I will be held responsible?

Clients should understand the fees/costs for which they will be responsible. Many cases require expert witnesses in addition to court filing fees and deposition expenses. You should understand who will be responsible for making these payments.

7. What steps do I need to take after the retainer agreement has been signed?

Each case is unique and clients should determine what their obligations are with respect to their case. It is important to get direction from the outset.

8. What steps can I take to minimize costs?

As a client, anything which minimizes costs benefits you. Your lawyer may have suggestions on how to minimize costs in your particular case.

9. What decisions require my approval?

The litigation process may require some procedural decisions which the attorneys may handle, but substantive decisions will require your approval. The client has the right to be apprised of decisions regarding their case.

10. What is the expected time table for my case?

This will depend on a variety of factors but you should understand that litigation is a lengthy process. An open line of communication with your attorney is important so that you can obtain case updates throughout the process.

What steps to take immediately after a car accident injury

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Have you been injured in a car accident? Whether you were involved in a fender bender or a catastrophic car collision, below are several steps that you should take after any accident.

Contact the police immediately

If you have been involved in a car accident, you should move your car out of the way of moving traffic, if you are able to do so. Then you should be to contact the police immediately. Once the police arrive, they will speak to the individuals involved in the accident and any witnesses. If a report is prepared, you should determine how to obtain a copy.

If you have been injured, seek medical treatment right away

park-ave-crash-2-150x150To the extent that there have been any injuries, seek immediate medical attention. It is important to have your condition assessed right away if you have been injured. Many times, you may not know the severity of your injuries right after the accident so it is imperative to receive appropriate medical care. Safety should always be your number one priority.

Exchange of information

It is also important for you to take down the name, address, and telephone number of the other individual(s) involved in the accident along with the make, model and license plate number of the other car(s). If they have insurance, you should obtain the name of their carrier as well. If possible, you should also obtain the name and contact information for any witnesses to the accident. If you are able to take photos of the accident scene and the other cars, you should do so.

Obtain representation

After a car accident, there are a variety of deadlines which must be kept in mind. Insurance carriers must be notified in a timely manner, a no-fault application must be completed, and notice of claim and complaint may need to be filed. It is essential that no deadlines are missed. If you have been injured in an accident, you should seek legal representation as soon as possible to ensure that appropriate steps are taken to preserve your rights.

How someone else might be liable for your personal injury

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Have you been injured? If you were involved in a slip and fall accident, someone else may be liable to you for your injuries.

Slip and fall accidents

Countless individuals are injured each year in slip and fall accidents. You may have slipped on an uneven surface, an icy sidewalk, a wet walkway, or defect stairs. Slip and fall accidents can occur anywhere – at a department store, the mall, a restaurant, the airport, or at someone’s home. If the owner of the property where you injured yourself knew about the condition or should have known about the condition and did nothing to correct it, they may be liable to you for your injuries.

Determining liability

In order for a property owner to be held liable for injuries which occur as a result of a slip and fall on their property, it must be proven that the owner:

  1. Created the dangerous condition;
  2. Had actual knowledge of the condition and failed to correct it; or
  3. Should have known about the condition and failed to take steps to correct it or warn others about the dangerous or hazardous condition.

Factors to consider in the analysis include how long the dangerous condition existed, whether the owner took reasonable steps to discover dangerous and/or hazardous conditions on their property, whether the individual who was injured contributed to the cause of the accident through their own negligence. These factors and others will help determine liability in a slip and fall accident.

Damages

If the owner of the property is liable to you, the amount of your damages will need to be calculated. Damages may include loss of earnings, out of pocket medical expenses and pain and suffering. In some instances, the owner and/or his insurance carrier may be willing to offer money to settle a claim, but in other instances, a jury will determine the amount of damages following a trial. Either way, while nobody can turn back time and prevent the injuries to you, a skilled attorney can help get you compensation for the injury you have suffered.

What is Sexual Harassment in the Workplace?

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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. Some forms of sexual harassment may also be criminal offenses. Unfortunately few law enforcement agencies are willing to prosecute sexual harassment crimes where there are no serious bodily injuries or physical evidence.  If you are the victim of sexual harassment or other forms of gender-based discrimination, read “Handling Gender Discrimination in the Workplace” to learn what you can do it about. The best first step is to contact an experienced attorney for advice.

Sexual Harassment is Complicated

The law governing sexual harassment is complicated. Whether you have a case depends on applying complicated legal rules to the specific facts of your situation. The harassment you receive has to be serious enough to violate the law, and only an experienced lawyer can make that judgment. But if you feel you are being sexually harassed, you probably are and you definitely should speak to a lawyer right away rather than waiting for the harassment to get worse. Sometimes sexual harassment start out verbal, becomes physical and ends up in a sexual assault.

Verbal Harassment

Your boss, supervisor or coworker should not be talking to you about sex at work.  Sexual talk may be simply something you overhear between others, or it may be directed at you. If it is directed at you, it may be simply offensive words or it may be requests to engage in sexual acts.  If any of this is happening, and it makes you feel uncomfortable, you are likely being sexually harassed.  You should tell the person who is harassing you to stop, and if they don’t you should speak to a lawyer about whether your legal rights have been violated and what you can do about it.

Physical Harassment

There’s no reason that your boss or supervisor or coworker should ever be touching you in the workplace. Even if they ask for permission, it’s still not right. Many employees would be intimidated by such a request, and afraid to say “no” because of fear that they would be punished or even fired. If you are being touched at your job and it makes you feel uncomfortable, your legal rights may be violated. You should speak to a lawyer and find out. If physical harassment is bad enough, it may be something that can be reported to the police for law enforcement action.

Quid Pro Quo

Sometimes boss or supervisor or coworker will not harass you verbally or physically. Instead, the employer will just make sure you understand that if you want to keep your job or benefits, or get a promotion, you’ll need to play along with certain sexual demands.  The employer may just want to flirt with you, or they may be seeking actual sex acts. If this is happening to you, your legal rights may be violated. You should speak to a lawyer and find out.

Retaliation

You have the right to complain about sexual harassment. You have the right to make a complaint within your company, and you have the right to make a complaint to an administrative agency or in court. If you complain and your employer tries to punish or fire you because of it, your legal rights are violated and you may have the right to seek compensation for this mistreatment, as well as reinstatement if you are fired.  You should speak to a lawyer and find out about your rights if you think this has happened to you.

Take Legal Action

If you have followed your company’s policies but gender discrimination 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 gender discrimination 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.

Handling Gender Discrimination in the Workplace

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GD-ebinjury-gender-discriminiation-new-york-300x236Although Title VII of the U.S. Civil Rights Act made gender discrimination in the workplace illegal as of 1964, it still unfortunately occurs with alarming regularity. Gender discrimination in the workplace is mistreatment based on your gender, whether or not any overtly sexual remarks are made to you. Gender discrimination happens when your employer passes you over for a promotion or if your employer fires you for because of your gender. But not only then. Inappropriate interactions become harassment under the law when their frequency and severity create a hostile, offensive working environment which makes it difficult to complete your job tasks. Such mistreatment may simply be hostile to you because of your gender, or it may even include demands for sexual contact or overtly sexual remarks; that kind of gender discrimination is called sexual harassment.

Men and women who are victims may not know how to handle gender discrimination 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. Even if your employer is not eager, it is very important to raise the issue of gender discrimination before you leave your job, or else your employer will claim it never had the chance to correct the situation. When you do, it is important to do so in writing and in the proper manner. You should not raise the issue with your employer until you have spoken to an attorney, to make sure you legal rights are properly protected when you do raise the issue.

File a Formal Complaint

If you don’t know how to handle gender discrimination in the workplace, read your company’s policies, consult with a lawyer and then with your Human Resources representative and file a formal, written complaint with the company. Include specific details, such as dates and times, and directly quote, whenever possible, what your harasser said and who witnessed each interaction. Use the term “gender discrimination” or ‘sexual harassment’ when recounting each incident of discrimination, hostile remarks or other inappropriate actions made against you based on your gender. 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. You may also be entitled to have your harasser transferred away from your workplace, or to be transferred yourself.

Take Legal Action

If you have followed your company’s policies but gender discrimination 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 gender discrimination 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.

If you are a victim of gender discrimination and would like to see if you have a case, please contact us at 212-353-8700.

Eisenberg & Baum Team Attends the NAD Breakthrough Awards Gala

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Eisenberg & Baum is a proud sponsor of the National Association of the Deaf’s (NAD) first Breakthrough Awards Gala recognizing trailblazers in the entertainment industry who made it possible for deaf and hard of hearing artists and supporting cast to be a part of the Hollywood landscape. Such inclusion is instrumental in how society perceives our community and to the creation of equal treatment. The Eisenberg & Baum Law Center for Deaf and Hard of Hearing team joins the NAD in celebrating the pioneering works of their honorees Marlee Matlin, Aaron Sorkin, Lizzy Weiss, Bernard Bragg. The event is held at Hollywood Roosevelt Hotel.

nad-sponsor

See Event Website

3 Hospitals Failed to Help Dying Deaf Patient

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The family of an elderly deaf man, Alfred Weinrib, claims he died not knowing his proper diagnosis because his requests for a sign language interpreter were denied.

See Story on News 7 Website