• Common Questions:
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Personal Injury FAQ

What does "personal injury" mean?

What sorts of cases does personal injury include?

Why should I contact a personal injury attorney?

What are "case costs?"

How much is my case worth and is success guaranteed?

My insurance agent says I don't need a lawyer to represent me, is this true?

How long will the case take?

What is the compensation based on?

The insurance adjuster offered me a settlement, what should I do?

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"Personal injury" normally means any kind of accident or occurrence that leads to bodily injury.

Some examples are:
   Auto Accidents
   Asbestos Cases
   Defective Products (Product Liability)
   Defective Medicines (Examples Go Here)
   Wrongful Death

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Medical problems caused by personal injury may not be fully recognized for months or even years after an accident. Losses suffered from medical bills, work performance, and many other problems can pile up unexpectedly. An attorney with experience representing personal injury victims and negotiating with insurance companies can analyze your case and determine fair compensation for your losses.

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Case costs are the fees attorneys pay while working on your case. Case costs vary depending on the complexity of the case, a detailed report is always available for you to view. Some examples of case costs are:
-The filing fee required by the court
-Expenses for depositions
-Fee charged by experts

Important: if Rice & Rice does not recover anything for you, you do not have to pay back the case costs to us. This is not true of all law firms, so make sure you understand what other firms might propose to you. Of course, we will be happy to answer any of your questions about fees or costs before you decide to hire us.

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The "value" of your case depends on many factors, such as the extent of your injury, the total of your medical bills, and your condition after you have finished treatment. The calculation also involves the ability of the other party to pay a judgment, and whether you at fault in causing the accident.

We will not take your case unless we think it has a fair chance of success. Wether we take your case or not, there are no guarantees. All we can do is give you an idea of the outcome of your case based on our experience, the injury itself, and what similar past cases have resulted in.

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Since a consultation is free, it won't hurt to ask us if we think we can help. Having worked with the law for many years, we often find insurance agencies more out for themselves then they are for you. No matter how nice insurance adjusters sound on the phone, they have one goal in mind-->to pay you as little as possible.

Insurance companies do not work for you. They rarely help you figure out your legal rights, and may not fully understand them. They rarely give you a fair assessment of the value of your case. If your injuries are significant, there are several reasons why a good lawyer can help you. When you hire a lawyer who is willing to take a case to trial, value is added to your case in a number of ways. A good lawyer will seek every category of damages that applies to your case, and find ways to support those damages with evidence that will be admissible in court.

The threat of trial itself adds to your bargaining power. Make no mistake: the insurance company knows that it's almost impossible to take a case to trial on your own.

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Most cases settle before trial after both sides have prepared their case. Generally, lawsuits take about two years from filing to trial. This can vary significantly based on the complexity of your case, the amount of paperwork needed to be exchanged, and other factors.

We advise our clients to be patient. At anytime you would like to request to hear the status of your case your request will satisfied. Through these days, months, and years, please know that we are working hard for you around the clock.

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Compensation for your injuries depends on several factors, including physical and mental pain and suffering, hardship or financial loss, work related loss, and physical impairment and/or disfigurement.

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Before accepting a settlement, it is in your interest to consult with an attorney. Adjusters work for the insurance company - not for you - and their job is to settle the matter for the lowest possible expense to the company. An attorney's expertise is vital for accident victims when an insurance adjuster is trying to settle the case.

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Medical Malpractice FAQ

What is "medical malpractice"?

If the outcome of medical treatment is worse then expected, do I have a case?

If I signed a consent form can I still have a case?

If I suspect that malpractice has occurred, what should I do?

Should I request my own medical records or ask an attorney to?

Can ANY lawyer handle a medical malpractice claim?

Will I have to attend court hearings?

What damages can be recovered for medical malpractice?

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Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Such negligence by can include an error in diagnosis, treatment, or the way in which an illness was handled. If such negligence results in injury, a case for malpractice should be looked in to.

Medical malpractice laws are designed to protect patients' rights and to compensate them for any damages they may suffer. However, malpractice suits are often complex and expensive to win. Therefore, if you believe you have a malpractice case, it is important to consult with an attorney who will discuss your case with you to discuss your best options. Think you have a case? click here.

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No. Just because the patient suffers a bad outcome does not automatically mean malpractice occurred. Most of the time, a bad outcome is caused by a complication and complications are not generally considered to be malpractice. Most complications are contained on the consent form.

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Yes, you still may be able to be awarded for your damages. A consent form does not cover negligence. If you can establish that your doctor deviated from the standard level of care when performing the procedure, and you were injured as a result, you may still be able to recover something. You may also have a claim that the procedure performed went beyond the consent you gave, in which case the doctor would be found liable.

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If you suspect malpractice, try your hardest not to show the health care providers any sign of your intentions to bring the case to court. Simply request the records and have them reviewed by an expert.

If the care by the physician is ongoing, you may want to request a transfer of the patient's care to another hospital or health care provider. Document the events as they unfold. Most important, consult an experienced medical malpractice attorney. Think you have a case? click here.

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We suggest you try to request them yourself. When doctors and hospitals see requests from lawyers, they know a claim is being looked in to. The doctors and hospitals in some cases can modify or even say they have misplaced vital paperwork which will be key to your case.

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Not every lawyer is qualified to handle this sort of a case. These cases are by no means simple and 99% of the time expensive and time consuming. The attorney who is reviewing these cases should have experience handling malpractice claims and as well as have the resources and contacts to do so.

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Not always. As your case developes, there will be various court hearings on legal matters. These hearings normally involve issues such as the court determining what documents must be produced when one side has objected. These type of hearings do not require your attendance or participation. If any court hearing does require you to attend, you will be notified.

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There are several items of damages that can be recovered in medical malpractice cases. The medical caused by the malpractice can be recovered.

Some examples are:
    Reimbursement for payments made for treatment made necessary by the malpractice.
    Expenses for treating the injuries
    Recovery of lost income
    Lost earning capacity
    Damages for pain and suffering
    Disfigurement and disability damages
    Loss of love, care, affection, and companionship

Determining which damages may be recovered requires a careful examination of the facts, as well as the legal and medical issues involved in the case. You should consult with a qualified lawyer if you suspect you have been the victim of medical malpractice. Think you have a case? click here.

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Criminal Law FAQ

Someone I know has been arrested, what should I do?

What rights does someone who has been arrested have?

What can be searched without a warrant?

When is an arrest warrant used?

I have not been arrested, but I have been accused of a crime. What should I do?

What is an "Arraignment"?

What is a "Preliminary Hearing"?

What is a "Dispositional Hearing"?

What happens at trial?

Why do some cases get dismissed?

Should I hire a lawyer who specializes in criminal law?

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There are two things to consider in the crucial moments which follow an arrest. The first is securing the person's release from jail as soon as possible. There are a number of ways this can be done. See Bail and Release . The second concern is to preserve the arrested person's ability to defend against the accusations. It is best for the accused NOT to make statements to anyone concerning the case until he or she is able to consult with an attorney.

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You have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you your Miranda rights. Your Miranda rights are guaranteed by the U.S. Constitution. If you are not given these warnings, your statement may be inadmissible. However, this does not apply if you volunteer information without being questioned by the police.

Your Miranda rights are:
    You have the right to remain silent.
    Anything you say may, and probably will, be used against you.
    You have a right to have a lawyer present while you are questioned.
    If you cannot afford a lawyer, one will be appointed for you.

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Body Searches - If you are arrested, an officer can search you, without a warrant, for anything illegal ranging from stolen goods to weapons. If you are booked and jailed, you may undergo a full body search as well as if you are believed to have committed a violent crime, carrying a weapon, or in the possession of drugs.

Home Searches - If you are taken into custody in your home, an officer without a warrant can search only the area in which you are arrested. I the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, which are in sight.

Car Searches - Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains anything illegal. If the police stop your car for any legal reason such as a traffic stop, they can only seize anything illegal out in the open.

Even if the judge does decide that officer's search was illegal, the evidence may not be used against you, it does not always mean that your case will be dismissed.

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An arrest warrant is an offical document authorizing an officer of the law to arrest someone charged with committing a crime. Usually, a warrant is required before you can be taken into custody from within your home. However, anyone can be arrested at home without a warrant for a several reasons.

An arrest warrant is signed by a magistrate or judge who believes that you committed a crime. Once the warrant is issued, any law enforcement officer in the state can arrest you and he does not need to have a copy of the warrant on him. Warrants rarely expire as well.

An officer must knock and identify themselves as an officer of the law and tell you that you're going to be arrested before entering your home. If you refuse to open the door, the officer can break in through a door or window. If a warrants being served, you should be allowed to see it. Sometimes the warrant might not be available for your viewing right away, you will then have to wait to see it.

Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a crime in addition to the crime for which you are being arrested for. If you resist, an officer can use force to overcome you and prevent you from escaping.

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Use caution. First, consult an attorney. Unless you are certain that the accusation is only a minor one and will not result in criminal charges however it's better to be safe then sorry. This is especially true if you are being asked to give a statement or cooperate in an investigation. You should consult with an attorney before making any statements. What you say, even if with good intentions, can be misinterpreted and may be used as evidence against you later. Even if you are promised not to be charged in exchange for your cooperation, you can never retract what you have already said. Therefore, it is best to consult with an attorney before making ANY statements in order to make sure that your rights are protected.

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An arraignment is your day in court to hear the charges brought against you. You have a right to be arraigned right away. At the arraignment, you will appear before a judge who will read the charges against you. An attorney may be appointed for you if you can't afford one, and the bail can be raised or lowered depending on the circumstances of the case. Depending on the crime and the severity of it, you may be allowed to go back to your everyday life until your next court date.

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A preliminary hearing is when the judge decides wether or not to send a felony case further on. In New York, a preliminary hearing is not held unless demanded by the defendant. You have a right to a preliminary hearing if you are being held by the state on a felony charge or if you are charged with a class 1, 2, or 3 felony.

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When you are not entitled to a preliminary hearing, you will receive a dispositional hearing. The purpose of a dispositional hearing is for your lawyer to speak to the District Attorney to see if a disposition can be reached short of trial.

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When you are not entitled to a preliminary hearing, you will receive a dispositional hearing. The purpose of a dispositional hearing is for your lawyer to speak to the District Attorney to see if a disposition can be reached short of trial.

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If the assistant District Attorney handling a case decides that there is not enough evidence to obtain a conviction, he may file a motion with the judge asking that the case be dismissed. This is done only after the case has been completely investigated, and most of the time after the police have exhausted all avenues for obtaining additional evidence. The judge may grant the motion to dismiss if the case cannot be proven in a trial however this is rare.

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If you are charged with a criminal offense, you don't want an attorney who is the process of learning the law to experiment or make a mistake when your life is on the line. When your freedom and reputation are possibly in jeopardy, you need the best lawyer you can get. Rice & Rice has over 20 years experience in the New York Justice System. click here to describe your case to us.

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Matrimonial FAQ

What is a "Pre-Nuptial Agreement"?

How do I get a divorce?

What is the difference between a "Contested" and "Uncontested" divorce?

What is the difference between a "Fault" and "No Fault" divorce?

Where can I get a copy of my Marriage License/Certificate?

What if my spouse does not want to sign the divorce papers?

When is my divorce final and how do I find out?

How do I find out if my spouse may be concealing assets?

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Pre-Nuptial Agreements are contracts between spouses who are planning on getting married. These contracts define the property rights of each of the parties during marriage and in the event of death, separation or divorce. A Pre-Nuptial Agreement becomes effective upon marriage.

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A divorce, also called a "dissolution", starts with a divorce petition written by one spouse (the petitioner) which is then filed in the proper court within the state where the petitioning spouse resides. The petition includes all the important information regarding the marriage. It contains the names of the husband and wife, children, child custody issues, child support, assets, and other information.

The other spouse, known as the "respondent", has the option to file a response to the petition. By filing a response, it is more likely that the case will proceed without a court hearing. Next, both spouses are required to disclose information regarding their assets, liabilities, income and expenses to each other. If the divorce is "uncontested" and the spouses can agree on the terms of the divorce without the need for a court, then there is just a little bit more paperwork to file.

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A case is "Contested" if the parties cannot agree in any one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to:

    Grounds for divorce
    Custody
    visitation
    Division of assets
    Child support
    Spousal Support (alimony)
    Payment of family debts
    Educational expenses
    Health Insurance
    Income tax structuring

A case remains Contested until each and every item is resolved. If, however, at any time during the case, the parties can reach an agreement on all of the issues, they can then ask the court to have the matters heard as an "Uncontested" matter. When this occurs, the court will provide an expedited Hearing in which it will listen to the settlement. If the agreement and law is met, the court will approve the settlement and enter judgment on that day or soon after.

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A No fault divorce is where the spouse petitioning for divorce does not have to prove that the other spouse did something wrong. To get a no fault divorce, one spouse must simply state a reason recognized by the state. In most states, something as simple as the couple cannot get along (this reason goes by such names as "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage") will be sufficient enough to go through with it.

Some people don't want to wait out the period of separation required by their state's law for a no fault divorce. And in some states, a spouse who proves the other's fault can receive a greater share of the assets and alimony. A fault divorce may be granted when the proper grounds(reasons) for divorce are present and at least one spouse files for it.

Some of these reasons are:
    Cruelty (physical and mental)
    Adultery
    Desertion for a length of time
    Prison confinement
    Lack of sexual intercourse unless specified before marriage

Why choose a fault divorce? Some people don't want to wait out the period of separation required by their state's law . And in some states, a spouse who proves the other's fault may receive a greater share of the marital property and alimony.

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Marriage licenses (the application to get married) are handled by the County/District Clerk.

Certificates (proof the marriage took place) are recorded and retained by the Recorder.

Contact either office to get the copies you require.

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It is not necessary for your spouse to sign an Affidavit of Defendant also known as "divorce papers." You may still obtain an uncontested divorce if your spouse does not file documents objecting to the divorce after having been served with the summons and complaint.

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After a judge signs your final divorce agreement the document is filed. Once judgment has been entered the divorce is final and notice will be sent out to the petitioner or the petitioner's attorney, if any. On uncontested divorces a good rule of thumb is 1 to 2 months after filing the case.

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Rice & Rice has many years experience and has done extended work when it comes to helping our clients uncover assets hidden by their spouse. Our advice will save you time gathering the necessary documented proof you can use in court. Wether your spouse is skimming from a personal business, conspiring with an employer to delay a bonus or even hiding a retirement account, we will show you what you need to do as well as assist you in the process of uncovering the truth.

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