The Troy NY building of E. Stewart Jones Law Firm
28 Second Street
Troy, New York 12180
Frequently Asked Questions
Personal Injury Matters
1. How do I know if I have a case?
Every personal injury case is different. Only an experienced personal injury lawyer can assess your circumstances and advise you of the best course of action.
Generally, the quicker you seek counsel, the more favorable the outcome.
If you would be interested in a free evaluation of your case, you can either tell us briefly of your situation via e-mail, or call us directly and ask for a free consultation. There is no fee charged for you or your family to consult with us.
2. What is a contingency fee?
A contingency fee means that your personal injury attorney receives a legal fee only if a financial reward is obtained for you.
At the law firm of E. Stewart Jones, our fee is based on a percentage of what we are able to obtain for you. In short, we don't get paid a legal fee unless we win your case.
3. What are my rights?
Fundamentally, if you have sustained personal injury through the negligence of another, you have the right to be compensated for your economic loss and pain and suffering. You may also have a right to automatic reimbursement of any lost wages and related medical expenses. It is important for you to know, however, that retaining an attorney is your best assurance that your rights will be protected when going up against large insurance companies and their corporate attorneys.
4. If I get an attorney but do not want to go to trial, can I settle?
In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you. The final decision to accept an offer of settlement or go to trial is yours alone to make.
1. What is the difference between criminal procedure and civil procedure?
When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time.
In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
2. Do I have to answer police questioning?
If you are a suspect or think you could become a suspect, you are within your rights to request an attorney before speaking with any law enforcement officer. By law, everything you say to your attorney is protected by the client-attorney privilege. Anything you say to law enforcement officers can be held against you.
3. If arrested, what steps can I take on my behalf?
a. Do not discuss your situation with anyone except your attorney.
b. Unless your attorney says otherwise, do not discuss your case with law enforcement.
c. Request to have your attorney present if you are to be put in a lineup or subjected to testing.
d. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.