Bruce Baron with New York City Mayor Michael Bloomberg
Nancy Grace of Court TV debates the Christopher Pittman murder case
with Bruce Baron....
The O'reilly Factor debate of Marks v. Aylsworth custody Battle.
Bruce Baron with Lt. Colonel Oliver North (ret)
BARON
ASSOCIATES P.C. INFORMATION
The Law Firm of BARON ASSOCIATES P.C. is one of the most trusted and
respected law firms in the New York City area. You have probably read about our
cases in various newspapers and publications over the years and maybe have seen
us on the TV news networks, as we are frequently called as guests to offer a
legal perspective and analysis of the latest developing legal cases currently in
the news. Call Baron Associates P.C. today, where you will be able to consult
with one of our knowledgable attorneys about your specific case. Potential
and/or existing cases must be examined one-to-one, in person with an attorney
and on the basis of the law which applies to them, as well as the facts. As
noted in our Legal Disclaimer, we generally
practice in New York State. Since most law is only state wide (outside of
Federal Law) and not nationwide, the law that applies to someone from another
state is usually different from that in New York. To find out the law in a given
state, one would have to consult a lawyer in that state who is
licensed in that jurisdiction and is knowledgeable about the specific type of case.
FEES & RETAINERS
If you thought that you might not be able to afford to retain attorneys like
BARON ASSOCIATES P.C. to handle your case, you will be pleased to know that in a
personal injury and/or negligence case you pay us no fee, unless we win or
settle your case. The fee is determined by the retainer agreement, and is
contingent on a successful conclusion -- recovery of an award or settlement for
you. As your lawsuit progresses, you will never be asked to advance any
out-of-pocket monies, and you need not be concerned that the ongoing litigation
would be a drain on your finances, when you can least afford it.
Should your case be successfully concluded, disbursements and court costs are reimbursed and
then the fees paid out of the net settlement or award, should there not be a
recovery all disbursements and court costs are payable and due by the client per applicable laws. The
client’s share usually represents about two thirds of the net monetary award in
the case, over and above case expenses, and/or any liens the client has.
Should the matter be one different other than a Personal Injury case and/or
negligence matter, including but not limited to, criminal defense, civil
representation, and/or other matters, a retainer with all information including
but not limited to billable hours may be
entered into. If you have any questions regarding our fees and retainers, please
contact us today and a member of our staff will be happy to answer any questions
you may have or address any concerns you may have.
USEFUL
LEGAL INFORMATION
Plaintiff - The person suing, and/or bringing the claim.
Defendant - The person being sued, a corporation or an individual.
Summons & Complaint - The start of the lawsuit whereby the plaintiff
generalizes allegations of wrongdoing against the defendant.
Answer - The document served by the defendant to plaintiffs attorney
denying or admitting the general allegations in the complaint.
Bill of Particulars: Plaintiffs amplification of pleadings setting forth
his/her damages, injuries, specifics of the accident or issue and what he/she
will prove at trial.
Tort: A civil wrong, having various subtopics.
Negligence: The lack of due care or failure to act reasonably on the part
of the person or corporation.
Product Liability: A branch of negligence law which governs suits against
those who manufacture or are in the chain of distribution of a product.
Breach of Warranty: Sellers make promises through their conduct and
sometimes in writing. If broken, a right to sue may arise.
Wrongful Death: If a person dies due to the fault of another, suit may be
brought to collect damages. These damages generally include both the pain and
suffering the person had prior to death, the financial loss of beneficiaries,
etc. The law is very complex as to who may bring the suit and the people to whom
the recovery goes. Often an estate must be set up by a court, if not provided
for in a Last Will & Testament by the decedent.
Damages: There are three (3) broad types:
General damages: Your pain and suffering, mental and physical and your
general disability.
Special damages: Out-of-pocket losses, lost earnings and treatment bills.
Punitive damages: Juries in some states can add extra money to the above
damages to punish especially bad conduct.
Statute of Limitations: The period of time within which you must sue, or
otherwise you will be barred from suit. No two states have the same rules and
often it depends upon the legal theory of your suit. Sometimes the issue is so
complex that a court must resolve it.
Personal Injury (CPLR 214):
3 years from date of injury.
Products Liability:
3 years from date of injury.
Medical Malpractice (CPLR 214-a):
2 1/2 years from date of malpractice/last malpractice related treatment.
Actions against New York City (CPLR 214):
1 year & 90 days from date of injury of commencement of a lawsuit. Must file
Notice of Claim as a prerequisite within 90 days of the date of injury to
protect your claim.
Cases involving New York State:
2 years from date of injury. Must file a Notice of Intent within 6 months of the
date of injury to protect your claim.
Cases involving persons below the age of 18 or persons under a legal
disability (CPLR 208):
The statutes of limitations are tolled, or extended from the date of injury
until a minor reaches 18 years old, then the Statute of Limitations begins to
run for its regular amount of time. (infant of 16 years old, has 5 years to
bring a personal injury claim. 2 years until 18 years old, and then 3 years
statute of limitation.
Notice of Claim: Many governmental bodies (municipalities, public
corporations and New York State) need to have notice of a claim before the suit
is brought. This is generally a very short period of time, which varies
according to state law and the particular governmental body. Don’t let the time
elapse! (Failure to do so may preclude you from the right to sue).
Proximate Cause: The need for there to be a substantial link between the
conduct of the defendant and your injury.
Loss of Services: A person other than the person who is actually injured can bring
a derivative suit. For example, the uninjured spouse can seek damages for the loss
of
the injured spouse’s services, mother and/or father in some cases.
Court, Judge and Jury: You have to select the court and/or venue where
you sue, which state and whether in the federal or state system. A judge is
assigned to supervise the discovery phase and then to try the case. Generally
you are entitled to a jury to decide the fact questions, depending on the type
of case. The judge deals with the law issues, and instructs the jury on the law.
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