Questions by people like You!
FREQUENTLY ASKED QUESTIONS
Phone - 347-921-1950
Gregory S. Gennarelli, LLC
Representing accident victims throughout the State of New York, including all five Counties in City of New York - Bronx, Kings (Brooklyn) , Queens, New York (Manhattan), and Richmond (Staten Island) - as well as Long Island (Nassau, Suffolk), Westchester and select Upstate Counties.
*Attorney Advertising. Past results are no guarantee of a similar outcome.
Will I have to go to court?
Maybe. While most cases settle or are resolved prior to trial, not all cases do. If the case goes to trial, you will have to appear and testify in Court. While the majority of cases settle at some point prior to trial, it is likely that you will still have to appear at what is called an examination before trial, or deposition. A deposition is when the lawyers representing the defendant get to ask you questions about your claim. Sometimes, depositions are held at the Courthouse, but most of the time they are held in our office.
How long will my case take?
How long a case takes depends on a number of factors such as the type of case you have, the extent of your injuries, the location and number of the parties involved. For example, a medical malpractice case with multiple defendants will typically take longer than a car accident case with one defendant. Some factors are beyond our control. Our goal is to have your case come to a successful conclusion as quickly as possible. While some cases may settle quickly, others may have to proceed to trial which is a lengthier process. Nevertheless, we prepare all of our cases as if we are going to trial which puts us in a position of strength during settlement negotiations. Unfortunately, the reality is that backlogs in the Court system often delay cases even when we are ready to proceed to trial.
Can I Contact You With Questions or to Make an Appointment?
Absolutely. Feel free to contact us with any questions you may have. You can even use the email link if that is easier. We never charge for a consultation or telephone calls. We will even come to you if are unable to come to us.
What Kind of Cases Do You Accept?
We handle all types of personal injury cases from Construction Accidents to Car Accidents; from Trips and falls to Medical Malpractice and Nursing Home neglect; from Dog Bites to complex Swimming Pool Accidents or Aquatic injuries. We will review any case involving injury or wrongful death that occurred as a result of the negligence of another. However, we only accept cases that we think have merit, and that we have a reasonable chance to succeed on. The reason for this is simple. We are investing our own resources in you and your case. We are not lawyers for an Insurance or Fortune 500 Company who are spending company money, and we do not ask you for any money up front. We put our own resources, time, and effort on the line to help those who have been wronged.
What is “negligence”?
Negligence is lack of ordinary care. It is the failure to use that degree of care that a reasonably prudent person would have used under the same circumstances.
Do I have a case?
Whether you have a viable case is dependent upon many factors that must be examined on a case by case basis before any determination can be made. First and foremost, what happened? How did the accident/malpractice occur? What are your injuries and what caused them? There are two parts to every case: liability and damages. Not only must one seeking to bring a lawsuit prove a compensable injury, but it also must be demonstrated that the injury was caused by the negligence of someone else. You must be able prove both elements to have a chance to recover. In some Courts, a jury doesn’t even get to hear about your injuries until after you prove that the other party was at fault. Since whether you have a potential claim is very fact specific, feel free to call to us to discuss your potential case.
I got hurt, am I entitled to money?
You may be. However, you are only entitled to be compensated for those injuries or damages that were caused by the negligence of someone else.
If I bring a lawsuit for the injuries that I sustained in a car accident, am I suing the person that hit me personally, or am I suing his insurance company to obtain fair compensation?
While you are suing the person who hit you (and the owner of the car,) any settlement or judgment will be paid for by the insurance company, up to the amount of the available insurance coverage. If there is a judgment in excess of the insurance, the individual could be personally responsible.
What’s my case worth?
This is a frequent question and one that is very difficult to answer. There are numerous factors that contribute to establishing the value of the case. Every case is different. Until the extent of your injury and recovery is fully known, and the position of other side is fully understood, it would be a disservice to you to tell you what your case may be worth. If anyone promises you that your case is worth a certain amount, you should be very wary. No one can give you a definitive answer until medical records are reviewed, the facts and circumstances of your particular case, and the ability to recover from the defendant is ascertained. Each situation is different so the recovery amount will vary from case to case.
What are your fees?
We work on a contingency basis, which means that our fee is contingent upon a monetary recovery for you. We only get paid if we recover money for you. If we are successful in obtaining an award for you, our fee is a percentage of the recovery. In general, our fee is one-third (1/3) of the recovery. How the fee is calculated depends on whether you elect for us to advance all costs (as most people do), or whether you elect to pay expenses along the way. For medical malpractice cases, our fee is less and it is based on a sliding scale of the net recovery which decreases as the amount of your recovery increases. For any case, you don’t pay a fee unless we obtain a monetary recovery for you. If we do obtain a recovery, we are paid our fee and we are also reimbursed for any reasonable expenses related to the case that we have advanced. At the end of your case, we provide you and the Office of Court Administration with a closing statement that identifies how the proceeds of your claim are distributed.