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Why is Dreyer Boyajian the best law firm to handle
my case?
Dreyer Boyajian LLP has the experience, reputation, resources
and commitment necessary to win. Our firm’s lawyers are known
and respected by the judiciary and the bar alike. We are capable
of handling your case in federal court, or any of the appellate,
county and local courts of the State of New York. Our firm prides
itself on representing our clients zealously, with integrity and
professionalism. We do this with our clients’ interest held paramount
above all else. Our commitment has resulted in a track record of success
that spans three decades and has earned Dreyer Boyajian LLP the highest
rating amongst our peers.
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What are the first things I should do if I have
been involved in an automobile accident?
The most important thing to do if you are involved
in an automobile accident is to get prompt medical attention
for any injuries that you have received. Once the medical
situation is stabilized, certain things should be done to
preserve your legal rights in the event of a future legal
claim. For example, photographs of the scene, the automobiles,
and the injury are very important. If the police responded, it
is helpful to obtain a copy of the accident report. Do not make
admissions of fault or blurt out apologies before all of the facts
are known. After you have left the accident scene you should be
careful not to talk with anyone before consulting with an attorney.
Many insurance companies will tape record conversations with an injured
party, sometimes before they have had an opportunity to carefully
reflect upon the accident. The best procedure is to gather together
the relevant facts, discuss the matter at length with an attorney,
who will then approach the insurance company on your behalf.
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How do I contact an attorney in an emergency?
Dreyer Boyajian LLP’s office hours are from 8:30am to 5:00pm.
Attorneys are normally in the office earlier, stay later, and work weekends.
Appointments can be made for visits outside the office at any time. If a client
needs to contact an attorney outside the normal office hours, they can do so either
by way of our telephone directory or by email. To use the directory, simply call the
office number (518) 463-7784 and wait for the recording to prompt you to spell the
attorney’s name. From that point you will be sent to the attorney’s direct extension.
If he or she is not there, you can leave a message on their voice mail.
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How long do personal injury cases typically last?
Statistically, the average length of a personal injury
case in state court, from filing to the conclusion of any
trials and appeals, is approximately 3 years. Dreyer Boyajian
LLP recognizes that this time period is simply too long.
Therefore, we make every effort to obtain a speedy resolution
of a case, including mediation; early neutral evaluation; and
settlement conferences. Some cases, however, do take a substantial
amount of time to resolve. In many cases, the time is necessary to
fully understand the nature of the injury that our client has sustained.
Whatever the length, we are committed to obtaining the best result for our client.
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Do I need to pay legal fees if I am not awarded
a settlement?
Most personal injury cases are handled on a contingent fee basis.
Under this arrangement, the attorney’s fees are paid as a percentage of
the award. The percentage is usually 1/3 of the settlement award, but may
vary depending on the particular type of case. A contingent fee agreement
allows a client to retain an attorney that he or she would not normally be
able to afford to hire on an hourly rate. Since the fee is obtained through
either a verdict or a settlement, the attorney does not get paid unless the
case is successfully concluded. A client should keep in mind, however, that
they always remain responsible for the cost of any disbursements in the case,
including deposition transcripts, experts, and similar expenses. At the initial
meeting with a client, we will explain in detail the responsibilities of the
client, and the responsibilities of the firm, so that there is no confusion
regarding any aspect of our firm’s retention.
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Do you charge for an initial consultation?
Dreyer Boyajian LLP does not normally charge for an initial consultation.
In certain cases where an hourly rate is agreed upon, the initial consultation
will be billed only if the client decides both to retain the firm and the client
specifically agrees that the initial consultation and research is to be included
in the initial bill. In all other cases, the initial consultation is free.
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Does a personal injury lawsuit have to be filed
within a certain period of time?
Both New York and the federal courts have time limitations
concerning the filing of claims. The particular statute of
limitations will depend upon the nature of the claim that is being
brought, and who are the potential defendants. This is something
that must be discussed with an attorney after providing that attorney with
the relevant information. It is critical, therefore, that clients not delay
in consulting with an attorney.
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Can your attorneys process cases outside of New
York State?
The attorneys at Dreyer Boyajian LLP are admitted to practice
in the courts of New York, and in federal court. If a case has to
be brought in a different state, we are able to coordinate with
counsel from that state and often work together with out of state
counsel to assist our clients.
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How can I participate in a class action lawsuit?
The purpose of a class action is to promote judicial economy
and efficiency by allowing a single action to resolve legal or
factual issues that are common to a whole class of individuals,
thereby avoiding piecemeal litigation. One or more members of
the class sue as representative parties, where their claims are
common and typical to the rest of the class. The class representatives
act as fiduciaries for the remaining members of the class.
The court will normally direct how other potential members of the
class are to be notified of the litigation, and their right to
participate in it. That notice is usually done by mail, or published
in the newspaper, and will provide specific information as to how to
join the class.
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How is negligence determined?
Negligence has been defined by New York courts, but a jury using
a reasonableness standard determines whether negligence occurred.
The accepted definition of negligence is the failure to use such
care as a reasonably prudent and careful person would use under similar
circumstances; it is the doing of some act that a person of
ordinary prudence would not have done under similar circumstances,
or the failure to do what a person of ordinary prudence would have
done under similar circumstances.
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How does a jury determine the amount of damages
in a wrongful death case?
A jury’s determination of damages generally is based upon the legal
facts presented; the appearance and impression created by the witnesses,
especially the plaintiff; the arguments of counsel; and the legal
instructions provided by the court. Wrongful death damages are defined
by New York statute and are generally limited to economic damages to the
survivors. A separate and distinct claim also exists for pain and suffering
prior to the death, and economic damages that result from the death.
In connection with the latter, it is important to present compelling
economic damages through a competent expert. Without the proper preparation,
a case that should have high value will be compromised before a jury.
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What should I do if the insurance company from the
other side contacts me?
Dreyer Boyajian LLP does not recommend that you speak with an adjuster
or other representative of the insurance company before you have had an
opportunity to discuss the case with an attorney who can represent your
interests. Once retained, the attorney can then contact the insurance company
and provide them with the necessary information so that they can investigate
and evaluate the claim. We have years of experience dealing with insurance
adjusters. We know their habits and reputation before we begin negotiating
on your behalf. We also have years of experience with regard to the valuation
of claims, so that we can assist you in deciding whether the settlement offered
by the insurance company is sufficient, or whether the case should be put into
suit.
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Is there a difference between a child’s personal
injury claim and that of an adult?
The primary difference between a child’s claim, and that of an
adult, is the statute of limitations and how the matter can be
settled. New York courts provide a tolling of the statute of
limitations in cases involving children. Therefore, even though
it may be beyond the applicable statute of limitations, a parent
may still be able to bring a claim on behalf of a child.
Nevertheless, Dreyer Boyajian LLP believes it is important that
the parent consult an attorney immediately in any case involving
a child so that an investigation can be conducted and evidence
can be preserved. On the issue of settlement, New York and
Federal courts provide an added system of protection which
requires that any settlement involving an infant be approved
by the court. The court not only has to approve the amount of
the settlement, but also the fees to be paid to the attorney,
and how the money should be held for the benefit of the child
until they reach the age of majority.
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Do I need to keep my own records for a personal
injury case, or will your investigation and questioning
be sufficient to gather all the facts?
Dreyer Boyajian LLP will fully investigate any claim or
incident for which it is retained. It is helpful, however,
for the client to attend the initial consultation with as many of
the relevant records, including medical records, police accident
reports, photographs, and related records, as they possess. This
assists us in being able to rapidly analyze the claim and make a
determination whether it is one that we can handle for the client.
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My 401K savings have all but disappeared because
of some decisions my broker made. Is this a case that
you would handle?
If your retirement savings have decreased substantially in value,
Dreyer Boyajian LLP can help. Mismanagement, unscrupulous trading practices
and even fraud by brokers or their firms have caused individuals to lose
large sums of money from their retirement savings. Our firm’s lawyers
are capable of pursuing claims, either through arbitration or litigation, to
help clients replenish their retirement savings accounts. These cases are
handled primarily on a contingency fee basis and there is no attorneys fee
unless there is a recovery. Call or email to set up a free initial consultation
to discuss whether you have a meritorious claim.
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My employer fired me for what seems like no reason
but my age. Can you take this case?
Dreyer Boyajian LLP has handled claims under the Age Discrimination in
Employment Act, including class actions. Many times, age discrimination
cases are difficult to prove. In order to succeed, we need to present the
court and the jury with evidence that the motivation for the adverse employment
action was because of the employee’s age and not some other non-protected reason.
Simply because you are an older worker and were terminated is not enough for our
firm to take your case. The client can assist the firm by providing a complete
history of the position and the reason for termination. For example, did the supervisor
make statements that seem to indicate stereotypical views about older workers?
Who replaced the client in the position, and what was that person's age? Were there
other older employees who suffered the same fate? It is with this type of anecdotal
and statistical information that a reasoned decision as to whether to take you case
can be made.
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If I am acquitted of a criminal charge after a trial,
is it possible for me to sue the person who brought
the charges, the police who investigated the case, and
the prosecutor who argued the case?
Simply because you were ultimately acquitted it does not
follow that you can bring any civil claim for false arrest,
malicious prosecution, or a claim under the federal civil
rights statute. This is because the burden of proof necessary
for an arrest and prosecution is different than the burden
of proof needed for an actual conviction. Only probable
cause is needed for an arrest, while a conviction must be
supported by proof beyond a reasonable doubt. Thus, while
there may not have been sufficient proof for a conviction,
the arrest itself may be proper.
If there is some evidence that the police or the complaining
witness intentionally lied or fabricated evidence in order to
have you falsely arrested and prosecuted, it is possible that
a claim could be brought against them.
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75 Columbia Street, Albany, NY 12210
1-800-INJURYLAW (518) 463-7784 - Office (518) 463-4039 - Fax
Copyright 2008 Dreyer Boyajian All Rights Reserved - Disclaimer
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