Know Your Rights

We've all heard of Miranda rights. Every person in this country has a Constitutional right not to incriminate himself. That's why when a person is suspected of a crime, police are required to remind him that he has the right to remain silent and to be represented by an attorney. If the police don't remind a suspect of these rights, they can't use anything he says against him in court.

There are no such warnings or rights in non-criminal matters.

After an accident, before you've retained an attorney, investigators can talk to you, police may ask you what happened, and even the insurance company for the other side can contact you and ask you to give a statement. And no one has to warn you that they might use what you say against you later if there is a civil case — a lawsuit for money damages — or that you have the right to speak to your own attorney first.

Before you say anything, know this:

• Anything you say after an accident that can be used against you, will be used against you, so be careful what you say. In fact, most times, you don't have to say anything at all.

• Notify the police when you've been injured; that way there's an official record of the accident.

• The clock starts to run as soon as you get injured, so act quickly. In cases against NYC, you can lose your right to sue after only 90 days.

• Speak to a lawyer before you say or do something you'll regret. And if you say or do something before you speak to a lawyer, you will regret it.

Don't mistake courtesy for cooperation. Representatives of the insurance carrier or the party you are thinking about suing, often call "to get your side of the story." They're not just investigating the incident or accident. They're looking for a defense. And they're hoping you will provide it. You don't get credit for cooperating with the other side. The other side is looking out for their interests, not yours.

If you're wondering what your rights are, you owe it to yourself to speak to a lawyer.  Only your own lawyer will look out for your interests, protect your rights and give you the advice you need.

Call 718-992-4646 now to talk with the Law Offices of Mark A. Eskenazi, LLC. Find out what your rights are before you unknowingly help the other side or lose your right to sue altogether.

Accident and medical malpractice cases are handled on a contingency fee basis. In malpractice cases, the fee is based on a sliding scale mandated by state law (less than one third of the net recovery). In all other injury cases, the fee is one third of the net or the gross recovery—New York law gives the client the right to choose which way to calculate the one-third fee and whether the attorneys will be responsible for all fees and expense. In every situation, however, there is no fee unless there is an award of damages.