How long should I wait to contact an attorney after an Accident or Injury?

As soon as possible, call Riviere Cresci & Singer LLC. Injury case consultations are always free of charge. When you are injured, whether it's an auto accident, slip and fall, work related accident,  or other injury matter insurance companies immediately begin to investigate, to build its defense and keep you from winning a recovery.  If you wait longer than necessary to retain an attorney, it gives the insurance company more time to prepare a defense against your claim, one which can be protected and preserved with an attorney.

When the insurance company calls after I am injured, how do I respond?

Our firm strongly advises that you do not speak to anyone from the insurance company until you speak to an attorney at this firm or another of your choice. After contacting our firm, we will be able to advise properly to protect your claim. Statements made to the insurance companies are frequently used against you at a later date, and may have a negative impact on your recovery.  The insurance company has investigators looking to gather information from you to prevent you from obtaining a recovery later in a lawsuit.  Investigators may at first seem friendly and advise you that they are trying to help you after an accident. Don't let the insurance company or its employees mislead you, it in many cases is trying to minimize the payout that it is responsible for in connection with your accident. Call our firm and let us protect the settlement that you may be entitled to collect. 

The representative from the insurance company said that I don't need an attorney. In fact they told me an attorney would only make matters worse. Is this true?

Always keep in mind that the insurance representative is exactly that, an insurance representative, there loyalty is not to you. It is to help the insurance company build there case and keep you from collecting money from the insurance company. So, don't fall for the act when they are friendly and tell you its alright to talk with them, without first, seeking the advisement of an attorney.  Obviously, insurance companies make more money when they are collecting premiums and not paying claims.  Just let the insurance companies speak for themselves:

"The bottom line is that insurance companies make money when they don't pay

claims," said Mary Beth Senkewicz, who resigned last year as a senior

executive at the National Association of Insurance Commissioners. "They'll

do anything to avoid paying, because if they wait long enough, they know the

policyholders will die."

Don’t weaken your claim by making a statement or providing information that is beneficial to the insurance representative, claims specialist, or whomever you speak with at the insurance company. Get represented! Hire an attorney and get your claim on the right track to the recovery that you deserve. An attorney will be able to negotiate the best settlement for your case or take it trial if in your case it is necessary.

You can't afford not to have an attorney! More likely than not, your case will be taken on a contingency basis.  Contingency means: if there is no recovery for your injuries or damages, then you are not required to pay anything. A contingency fee is a percentage of the money this firm recovers for you.  This type of fee arrangement was put in place by the courts, so that all accident victims can retain an experienced attorney and help them fight the insurance company lawyers and doctors. While the percentage can vary depending on the circumstances of the case, especially where minors are involved, the fee is usually about one third of the net recovery.

Can I go to my doctor or another one of my choice to treat my injuries?

In auto accident cases, your Personal Injury Protection otherwise commonly referred to as "PIP" covers your medical treatment. The insurance company cannot tell who what doctor to see; that choice remains yours.  So you are free to choose your treating health care provider or doctor. In other kinds of injuries, such as ones involving your employer they may have the right to tell you which doctor you must see. Furthermore, in other types of injury cases you may have to choose a physicians depending on the type of health insurance you have. Our firm can review your set of circumstances and advise you in determining which route to take in seeking treatment.

Will the other person's insurance company pay my medical bills?

They are not quick to pay and they will not be long as the case or claim is on-going.  However, “out of pocket” medical bills may be factored into the value of your case, a final evaluation and ultimately the settlement of your case.

Does the other person's insurance company pay my lost wages?

Once again they are probably not going to as long as the case is on-going, but "out of pocket" wage loss and lost earning ability should also be factored into a final value evaluation and settlement of your case.

Does the other person's insurance company pay me right away for my injuries and then pay me a final settlement later?

Unfortunately this is not the way it works and you will have to wait until your case is settled. At which time the "at-fault" insurance company pays, it will usually be a lump sum at the end of the case and it is final.

What happens, if after my case has settled, I discover injuries caused by the same accident?

Personal injury settlements are final at which time you will be required to sign a full "general release" of all claims. The same applies after a jury has found for a verdict in your favor. There are however a number of exceptions to this and once again you should consult with an an attorney who can advise you in consideration of your particular set of circumstances.  Structured settlements, are sometimes used to protect accident victims from the effects of latent injuries, which will pay you or your heirs damages periodically for the rest of your life and beyond.

Is my settlement or my verdict reward going to be taxed?

Monies received for pain and suffering in a personal injury case is considered compensation for those injuries suffered, not a financial gain, and therefore awards in personal injury cases should almost always be tax-free.

How long will it be before my case settles or goes to trial?

No one case is the same; therefore each case has its own lifespan. Cases vary greatly based on a number of factors including: the nature and extent of your injuries, required medical treatment, time missed from work, the complexity of the case, the number of experts required, the number of parties involved, the court the case is filed in, the number of judges available to hear cases, motion practice and a host of other factors.  However, it is safe to say, that the lifespan of most personal injury cases, is anywhere from 6 months to four years before completion.  Often Riviere Cresci & Singer LLC., may attempt to settle your case before filing suit where feasible.  Any attempt to settle will usually be attempted after an average of 4-6 months of regularly-scheduled medical treatment, which will end when the Doctor releases you at, Maximum Medical Improvement otherwise commonly referred to as MMI.

If a lawsuit is filed, does this mean I am going to trial?

Not necessarily. In fact most cases never see the courtroom. Statistically speaking, 80-90% of lawsuits never go to trial.  They are either settled, dismissed due to motion practice, or dismissed due to summary judgment.

What if I'm hurt on the job? Can I sue for "pain and suffering"?

If you are injured while working for your employer and it is your own fault, nobody's fault, or the fault of your employer or coworkers, you can only recover through a Worker's Compensation claim. Furthermore, by law you can't be compensated for "pain and suffering" or other non-economic damages. However, if you are injured on the job due to the fault of a Third Party (such as another automobile driver with no employer-employee relationship with your Employer), then  Riviere Cresci & Singer LLC., can file a Third Party claim and attempt to recover those damages that otherwise would not be recoverable, to include "pain and suffering."

This is a question that is commonly posed by clients. As mentioned previously, no two cases are the same, and your recovery will be unique to your circumstances. There care certain factors that will allow a glimpse into how your recovery may be valued by the insurance company. These are the injuries or damages suffered compared to your amount of fault in the accident. Putting a value on cases at the outset is not something that attorneys can usually readily determine. It takes some time to for the attorney to look at the evidence at-hand, your injuries after being fully examined by medical professionals, as well as the defense presented by the other parties for a discernable amount to be determined. 

A case is essentially a battle between stories. The plaintiff’s attorney tells his client’s story through the pleadings, motion practice or if it goes to trial, at trial. The attorney then supports that story with evidence in the form of witness testimony, medical testimony, photographs, videos, films, and other physical evidence.

Then, the defense attorney tells his side of the story in the same way. At the end, the case either settles based upon this evidence, or at the end of a trial, the jury is going to find in favor of the side with the most credible story. Jurors are smart, and they look for holes in the story. They look for lies and omissions. They like to reward honest people and punish liars.

What factors are considered in putting a value on my case?

The value of your case is dependent upon a number of factors, including:

In the personal injury accident, “liens” or “subrogation liens” are an amount of money, hold or claim against your personal injury settlement or jury reward. These "liens" represent an amount of monies that have been paid to you as part of your accident.  For example a medical lien is a formal written agreement between a patient and doctor. The doctor agrees to perform necessary medical treatments in return for a promise on the part of the injured patient to pay the bill once their personal injury claim is resolved. It is important to note that few doctors will agree to perform services on a lien basis unless the patient has retained an attorney. Having retained an attorney is a critical factor with medical liens, as the attorney will be the signatory to the lien agreement. The attorney will act in a fiduciary capacity, or position of trust, to the doctor and protect his right to payment. A common misconception of the lien agreement is that the doctor's payment is contingent on the outcome of the case. While it is common for attorneys to perform legal services on a contingent fee basis, doctors do not perform medical care dependent on the outcome of the personal injury case. The lien is simply the doctor's agreement to await payment until the accident or injury case comes to an end. At such time the payment for medical services becomes due.

Other types of liens exist for benefits received that have helped you through your injury. If you had a  workers compensation case and received benefits such as for temporary lost wages or medical treatment, and you settle a related personal injury case, the workers compensation insurance company will be entitled to a return of about 2/3 of what they paid out on your claim.  This is commonly referred to as a “workers compensation lien.”  On that note, if you received medical benefits from the federal Medicare program for treatment of injuries sustained in an accident, and you settled a related accident lawsuit, Medicare will have a lien on that.  This is commonly referred to as a “Medicare lien.” 

For more information about how to obtain the best auto insurance policy to protect you and your family please visit click here.

The following locations are by appointment only:

260 Madison Ave
New York, NY

116 Village Blvd
Princeton, NJ

2500 Plaza 5
Jersey City, NJ

197 RTE 18 South
East Brunswick, NJ