scaffidi law

What is negligence?

Negligence, under the law, is a lack of ordinary care. Negligence may arise from doing something that a reasonably prudent person would not do or, on the other hand, from not doing something that a reasonably prudent person would have done under the circumstances. However, negligence, by itself, is not enough to warrant bring a lawsuit. To be actionable, that negligence must result in damages.

What is medical malpractice?

Medical malpractice is negligence by a physician. To have a valid medical malpractice claim, you need to satisfy two elements. First, there has to be some act of negligence by a doctor, hospital or other medical provider. Second, that specific act of negligence must cause an injury or a worsening of your condition.

What is my case worth?

This is one of the most commonly asked questions. As often as that question is asked, it is very difficult to assess at this point. Although some may suggest otherwise, the true value of any case is based upon a combination of several factors, many of which cannot be evaluated at this early stage. These include the degree to which you’ve suffered up until now, the likelihood that your injuries and damages will continue into the future and for what period of time, a complete and thorough assessment of not only the liability of the defendant but the manner in which that liability caused your injuries and the full extent of your past and future economic damages, such as lost wages and related medical expenses.

Will my case go to trial? Will we be able to settle out of court?

This is another difficult question to answer. We prepare every single case, from day one, as if it were going to go to trial. Preparation is the key to success and, often times, is the key to encouraging a pre-trial settlement. If we are approached with a settlement offer, we will take the time to discuss that offer with you and offer any recommendations we may have. Ultimately, the decision is yours regarding whether to accept any settlement offer if one is made. If our adversary is not willing to make a reasonable settlement offer, then yes, your case will go to trial and, rest assured, we will be prepared.

Does hiring a lawyer cost me any money?

It has always been, and will always continue to be, our philosophy that the innocent victims of negligence are entitled to top-notch legal representation regardless of their means. As a result, we do not seek any up-front compensation from our clients to represent them in a negligence or medical malpractice case. Rather, our fee is contingent, which means that we only get paid at the end of the case and only upon the successful resolution. By New York State law, there are different fee structures for negligence cases as opposed to medical malpractice cases – something too lengthy to address here. For cases involving corporate or commercial litigation, or where we are asked to represent a defendant, the fee structures are based upon a combination of an up-front retainer, hourly billing, and possibly a contingency relationship. Again, it depends on the circumstances of the particular case. If you’d like more information, please contact us to arrange for a free consultation.

What is a Trust?

A Trust is type of document that provides guidelines for how certain property or assets should be held or used for the benefit of the beneficiaries of that Trust. The person in charge of the Trust is known as the Trustee. Trusts can be either revocable (meaning they can be undone at some future point) or irrevocable (meaning they cannot be terminated in the future). The precise form of Trust that is best for you is something that can be discussed based upon your objectives.

What is a Supplemental Needs Trust?

A Supplemental Needs Trust is a document that allows the beneficiary to enjoy the benefits of a Trust, while still maintaining eligibility for Medicaid and certain other government entitlement programs. Monies held in a Supplemental Needs Trust are not considered to be the beneficiary’s assets for purposes of qualifying for Medicaid. Supplemental Needs Trusts must be irrevocable.

What are the grounds for a discrimination or harassment claim?

Per the regulations of the United States Equal Employment Opportunity Commission (the EEOC), it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to use neutral employment policies and practices that have a disproportionately negative effect on applicants of a particular race, color, religion, sex (including pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities, if the polices or practices at issue are not job-related and necessary to the operation of the business. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Discriminatory practices under the laws EEOC enforces also include constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay. Depending on the particular circumstances, discrimination and harassment claims may be brought under the EEOC or under State law in the court system. The precise venue for your claims, and any additional bases for a claim of discrimination or harassment, can be discussed during an initial consultation.

Scaffidi & Associates • 747 Third Avenue Suite 10-B New York, NY 10017 • 212-593-2155
Disclaimer - This website is provided for general information on our law firm and its areas of practice. Information on this website is not intended to create an attorney-client relationship, nor does it constitute legal advice to anyone receiving such information. No electronic communication with Scaffidi & Associates on its own will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. No electronic communication with Scaffidi & Associates will generate an obligation on their part to respond.