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Please note: This is Attorney Advertising. This web site, including the following questions and answers, is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Q. Can I sue someone for (fill in the blank)/can someone sue me for (fill in the blank)?
A. Anyone can sue anyone for anything. The question that you are really asking is whether such a lawsuit is likely to succeed. An experienced attorney can respond to that question. Sometimes, the answer may seem to be obvious. More often, whether a particular lawsuit will be successful depends upon the facts and circumstances of the case. One of the experienced attorneys at EGGER & LEEGANT can give you an opinion and can make recommendations as to whether to commence a lawsuit if you are a potential plaintiff or whether you should defend or settle the claim if you have been sued.
Q. If I have been accused of a crime or sued for negligence, should I tell my attorney the truth, or is it better to hope that nobody finds out what really happened?
A. If you do not tell your attorney everything he or she needs to know in order to properly represent your interest, you take the chance that your opponent's attorney will find out what you have tried to conceal and will surprise your attorney with the information at a time that it will hurt you the most, such as in the middle of a trial. The same advice holds if you are the plaintiff ... either way, you do not want your attorney to be surprised by information you failed to disclose.
Q. If I have been injured by the actions of another and want to find out about my legal options, will I have to pay an attorney to advise me?
A. At EGGER & LEEGANT, we always offer free consultations to prospective clients in personal injury matters. We never charge attorneys' fees in these cases. We will handle your case on a contingency basis, which means that you will not have to pay any fee unless we are sucessful with your claim, in which case, we will receive only a percentage of the net proceeds. Your only expense would be any out of pocket costs incurred in pursuing the matter.
Q. If I slip and fall on private property and sustain injuries, am I entitled to compensation from the owner?
A. It all depends. In order to obtain compensation from the owner of private property for injuries sustained, the injured person must prove that the owner was negligent, that there was a dangerous condition which the owner created, or that the owner knew or should have known about the condition and took no action to protect others from danger. Should you find yourself in such a situation, you should contact us immediately.
Q. Is it true that according to the law in New York State, every dog gets "one bite free" before the owner can be made to pay compensation for any injuries caused by the dog?
A. No. That is a misinterpretation of the New York State Law. In New York State, in order for a person to receive compensation for injuries caused by a domestic animal, the injured person must prove that the owner knew or should have known that the animal had "a vicious propensity". "Vicious propensity" does not necessarily mean that the animal is hostile, aggressive or vicious. It refers to a propensity to engage in the behavior which resulted in the injury. However, an owner whose pet has injured someone could be held responsible for the injuries based upon actual or constructive knowledge of a pattern of hostile, aggressive or vicious behavior. You do not have to prove that the dog has bitten someone before. EGGER & LEEGANT can advise you based upon the specific facts and circumstances.
When in doubt, always seek legal advice. It is better (and more economical) to avoid a serious legal problem than to try to undo the damage later.
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