When I call your office, what is the most important information you need to know that will tell me whether or not I have a valid case?

 

A: When you call my office for the first time, I do not need to know all the details of what happened to you. I will ask you two extremely important questions.

1. What do you believe was done wrong to you?

and

2. What injuries did you suffer as a result of that wrongdoing?

Contained within these two questions are three crucial elements that I need to know in order to briefly evaluate your case on the telephone.

In any medical malpractice case in New York I must be able to prove that there is wrongdoing; that the wrongdoing caused injury; and that the injury is significant and permanent. In legal terms I must be able to prove liability, causation and damages. When I ask you what you think was done wrong, this tells me briefly what the wrongdoing was that addresses liability. When I ask you what injury was caused by the wrongdoing, this addresses both causation and damages.

Obviously, you may not have all the details or may not know all the answers, but at least it gives me an initial idea as to what type of case this might be and what type of injuries resulted from any wrongdoing.

Many injured victims who call my office for the first time are prepared to tell me a detailed recitation of everything that happened to them leading up to the wrongdoing and all of the injuries they suffered. That type of conversation is more appropriate for when I invite you into my office if I believe you might have a valid case. When I speak to you on the telephone, it is an opportunity for me to screen your possible case and to let you know my initial thoughts.

The only true way to give you a full detailed and a definitive answer about the merit of your case is to meet with you and do a thorough, complete investigation including obtaining all of your medical records and having your records reviewed by medical experts to confirm your claims.


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