FAQs

Q. Why should I choose Kirsch, Gelband & Stone as my lawyers?

A. Simple! We are experienced, trusted and respected trial attorneys who care about our clients and get top results. Our clients appreciate our hard work and dedication by referring us family members and friends. Even other law firms refer us their clients to represent them, given our high level of experience in representing those seriously injured.

Our experienced attorneys are ready to answer all your questions on a range of topics. Don’t guess about your chances for compensation following an injury or death. Instead, get the facts from the injury law firm of Kirsch, Gelband & Stone.

Frequently Asked Questions About Injuries (General)

Q. How much is my injury case worth?

A. You are entitled to be compensated for your pain and suffering, disability and impairment, loss of enjoyment of life, medical bills, and lost income. We have established our reputation by maximizing our client's money awards. This is one of the main benefits of finding an experienced injury law firm.

Q. It seems like there are a lot of lawyers in the phone book. How can I choose the right one?

A. Finding the right injury attorney with the right qualifications can make a significant difference in the success of your injury lawsuit and the final compensation you receive. Find out if the firm has a focus on personal injury law – when you will be involved in an injury lawsuit, you need someone who knows all the correct procedures, every aspect of the law, and is uniquely qualified for your particular case.

Q. Which types of injuries require an attorney and which do not?

A. Injuries requiring an attorney typically involve situations where there is large damage, long-term suffering, permanent disfigurement or similar severity.

Q. How is injury law different in New Jersey?

A. Understanding injury law in New Jersey can be complex and confusing. Several laws governing injuries are particular to New Jersey injury law. Several examples include the statute of limitations specifying how long you have after the injury occurs in which to take legal action, the type of insurance coverage you or your family member purchased can affect whether you have a limited or unlimited right to sue, and laws governing who is liable for injuries in New Jersey when an injury occurs on someone’s property.

Q. What kind of legal help can I get for my injuries?

A. Injury law typically refers to situations in which there is provable injury to your body, mind or emotions. This somebody else may be an individual or an entity that failed to do the legally correct action to prevent you from getting hurt.

Q. What should I do if I am injured in an auto accident through someone else’s fault?

A. After emergency medical treatment, you should contact an auto accident lawyer immediately. Scene investigation, witness contact, photos and proper medical care must be immediately addressed.

Frequently Asked Questions About Personal Injuries

Q. How long will my case take to resolve?

A. Kirsch, Gelband & Stone works very hard to settle your injury case as soon as possible. We employ a full-service support staff to help our attorneys "get the work out." Remember, we don't get paid until you get paid.

Q. What can I expect during the personal injury litigation process?

A. When you file a personal injury lawsuit and enter the litigation process, you will become the plaintiff, and the person that injured you will become the defendant in the case.

Q. What kind of homework do I need to do so that I will get the right lawyer for my personal injury?

A. When you are faced with a personal injury caused by negligence and are considering your legal options, it makes sense to find the right personal injury lawyer. Remember several key points when qualifying potential attorneys.

Q. How would personal injuries be handled differently for the state of New Jersey?

A. In order to understand New Jersey personal injury law, it is important to understand how New Jersey law legally defines "personal injury."

Q. What is personal injury?

A. Personal injuries are injuries to your body, mind or emotions, which typically fall into one of the following categories: car accidents, bus accidents, motorcycle accidents, construction accidents, animal bites, product defects, medical negligence, slip and fall accidents, wrongful death and more.

Frequently Asked Questions About Accidents

Q. I’m meeting with my attorney for the first time after my accident. What should I bring?

A. If you're filing an accident injury lawsuit in NJ, when you meet with your personal injury attorney, you will need to bring all supporting information about your accident or injury. Documents, such as accident police reports, insurance information, and photographs of the incident will help your lawyer determine if you have a case, and how to proceed.

Q. What’s the best way to go about selecting a lawyer for my accident case?

A. When you have been in an accident, you deserve full compensation from the negligent party. To receive that compensation, you need to contact the right injury and accident law firm. Make sure the firm has the right experience – Assess if the law firm has experience in the kind of law you are in need of. When evaluating an accident law firm, make sure that firm is indeed a specialist in accident law.

Q. Should I discuss my case with anyone, including the at-fault insurance company, or even my own insurance company?

A. Absolutely not! This would be a mistake that can hurt your accident injury case. Insurance company representatives are professionals. You are not. You should only discuss your claim with your attorney.

Q. Is an accident case considered criminal or civil?

A. By law, injured persons may sue wrongdoers for damages. From the beginning of our legal system, New Jersey has recognized a distinction between civil wrongs and criminal wrongs. Civil wrongs are considered torts, as distinguished from criminal acts. Accident litigation in New Jersey has thus consistently focused on pursuing fair compensation for victims of civil torts.

Q. What facts about accident lawsuits seem to be often misunderstood?

A. The process of obtaining compensation in accident lawsuits or personal injury claims is not always as clear as it seems. There are several accident lawsuit misconceptions people seem to have, whether regarding the process of preparing for a lawsuit, the compensation received or the frequency with which accident cases go to trial.

Among the more common accident lawsuit misconceptions, the following are most prevalent:

Q. What’s the process if I want to sue someone after an accident?

A. When you have are the victim of damage in an accident due to someone else’s negligence you are entitled to compensation for these damages. This can include compensation for bodily injury, medical bills, emotional suffering, loss of wages and more. Understanding the New Jersey accident litigation process can be helpful in taking the steps needed to gain full compensation for your injury.

Q. How can I be compensated after I have been in an accident that was someone’s fault?

A. When you have an accident related legal case, all your damages and losses need to be taken into account, and compensated for. Otherwise justice is not served.

Frequently Asked Questions About Medical Malpractice

Q. Why get legal advice before filing a malpractice claim?

A. A lawyer with malpractice law experience will help you determine if you have a case, understand the technical details, prepare for fierce opposition, and come up with right approach to presenting your case.

Q. How do I find the right malpractice attorney?

A. First, make sure the attorney has good experience in medical malpractice – medical malpractice is a very involved, complex form of litigation. To truly have success in this form of law, experience is necessary.

Q. I don’t really want to go to court; if I just want to take an offered settlement, would I really need a lawyer?

A. Whether you are hoping for an automobile accident settlement, defective products settlement, or medical malpractice settlement, you should have an experienced negotiator on your side. Insurance companies sometimes try to take advantage of people without attorneys.

Q. I’ve decided to sue my doctor. Now what?

A. The first step in the New Jersey litigation process for medical malpractice is establishing if indeed there is a case that is worthwhile pursuing. Contact your Newark malpractice attorneys to assess the validity of your case. Once validity is established, the medical malpractice litigation process in New Jersey begins. The major steps are complaint, discovery, settlement, trial, and appeal.

Q. How are New Jersey laws different than other states for medical malpractice?

A. NJ medical malpractice laws generally differ from those of other states. In New Jersey, there are key differences in expert witnesses rules, joint and several liability, and the statute of limitations.

Q. What are some of the kinds of medical malpractice?

A. Some of the most common medical malpractice injuries include birth injury, defective medical products, prescription drug malpractice, surgical and anesthesia errors, misdiagnosis, failure to obtain informed consent, failure to diagnose, late diagnosis resulting in diminished chances for survival, and, unfortunately, there are many more.

Q. What exactly is medical malpractice?

A. Medical malpractice is defined as a deviation from an accepted standard of medical malpractice that results in serious injury or death. Many people fail to report medical malpractice, and some die from it without the cause ever being linked to medical malpractice. This is partly caused by not knowing what constitutes medical malpractice.

Q. Something went wrong during my surgery but I was told there was a chance that it wouldn’t work as planned. What should I do?

A. When you visit a medical professional, your expectations are to be treated appropriately, to receive competent medical attention and care. However, medical professionals are also human, and mistakes occur. Medical malpractice involves damage or harm to a patient caused by a negligent act or omission caused by a medical service provider. It frequently involves error in diagnosis, error in treatment, or mismanagement of illness. If an injury occurs as a result of these negligent acts or omissions, there is cause for legal compensation.

Frequently Asked Questions About Auto Accidents

Q. How important is legal experience in selecting an attorney?

A. You are likely seeking legal counsel but do not know where to start. Finding an experienced auto accident law firm should be your top priority. When searching for a law firm, to represent you, it is important to review the firm’s auto accident lawsuit results.

Q. My brother was seriously injured in his car accident. What should he do next?

A. It is important to seek legal counsel immediately with a law firm that has a proven record of success with injury accident cases. Newark car accident attorneys Kirsch, Gelband & Stone have represented thousands of seriously injured auto accident victims throughout the state of New Jersey. Be informed to ensure you or your brother have taken the right steps after the accident.

Q. I’ve just been in a car accident – what should I do first?

A. Being in a car accident is often a traumatic event. Dealing with injuries, insurance companies and property damage can often be too much to handle. Let an experienced car accident law firm help you through this difficult time.

Q. What has law enforcement done in New Jersey to make roads safer?

A. Irresponsible or aggressive drivers make the road an unsafe place. This type of driving often leads to accidents. The New Jersey State Driver Responsibility Program states that those driving illegally or irresponsibly may be liable for the injuries and/or damages cause by their actions. Similar programs have been adapted in Michigan, New York and Texas. These programs have become lucrative revenue streams for each state. As a New Jersey driver, it is important to understand what the Driver Responsibility Program means and how it can affect you.

Q. How often do auto accidents happen?

A. According to the National Highway Traffic Safety Administration, traffic accidents occur quite often - at least one every 12 minutes. This is a frightening statistic that unfortunately touches most of our lives, at one point or another. While many of the auto accidents that occur every day in the U.S. are minor, there are many that result in serious injury or death. Accident victims are often unaware of their rights. This is why it is important to seek legal counsel immediately after an accident.

Q. What kinds of injuries do you see from auto accidents?

A. The National Highway Traffic Safety Administration (NHTSA) estimates that 3,335,800 people are injured in auto accidents in the U.S. each year. While no two car accidents are the same, neither are injuries. Though they differ in severity from case to case, there are some common car accident injuries.

Q. How do automobile accidents usually happen?

A. No two automobile accidents are exactly alike, but there are a few common causes for auto accidents. At Kirsch, Gelband & Stone, a leading Newark, New Jersey automobile accident law firm, we have been practicing auto accident law for years and have worked with and represented thousands of victims in every type of automobile accident.

Q. What are some common confusions about auto accident lawsuits?

A. There are many common misconceptions about auto accident litigation. Most of us have seen sensationalized interpretations of car accident litigation on television programs and in movies. It is important to learn the difference between fact and fiction when it comes to auto accident laws.

Frequently Asked Questions About Workers' Compensation

Q. I’ve been offered a settlement. Should I be suspicious of the offer?

A. Whether you live in Newark or elsewhere, a workers' compensation settlement can be complex, so it’s important to get help from an experienced lawyer before you settle. Not only is it beneficial to seek legal help from an experienced workers compensation firm, it’s also important you are aware of the various aspects and procedures involved.

Q. How can I file a workers' comp claim?

A. Every state has a workers' compensation system that offers medical and disability income to anyone who becomes injured or ill due to the workplace. If you or a loved one has been injured at work or have become ill due to your job, it’s important you know how to file a claim. The process of filing a workers' compensation claim in Newark or surrounding areas is not much different than other cities in New Jersey.

Q. How can I find a good workers' comp attorney for my particular needs?

A. Do you find yourself involved in a New Jersey workers' comp case? Are you in need of a workers comp attorney to help you? If you are in the Newark area, our firm offers some valuable advice and resources that can help you find and choose the right attorney for you.

Q. I’ve decided to take on my employer after I was injured at work. What am I getting myself into?

A. If you're actively pursuing a settlement for a workplace injury, you should have a strong familiarity of the conflicting issues involved in such a case so that you can avoid the bullies in your workers' comp case. Oftentimes, insurance companies are quick to pressure victims of workplace injuries into a worker's comp settlement, and it's important that you are aware of the reasons insurance companies want you to settle.

Q. What is workers' comp?

A. Workers' comp – also known as workers compensation – is payment for work-related injuries or illnesses. Workers' comp provides the needed compensation, i.e., money, for medical care for workers who are hurt or get sick in the course of their employment. Most states’ legislation requires an employer to provide his or her workers with a safe place to work, and if an employee is injured or becomes ill as a result of their employment, he or she has the right to file a claim for the workers’ compensation he or she deserves.

Q. What are the important laws affecting workplace injuries?

A. It is important to be familiar with the laws surrounding worker's compensation. Victims of workplace injuries have statutory rights and it’s important that you understand them.

Q. I had an accident at work and was hurt as a result. Could it be more serious than it seems?

A. The lawyers at Kirsch, Gelband & Stone will help you with your worker's compensation case for any work-related injury or illness sustained while on the job. Our firm believes it is important you understand your workers' comp rights, and we will work to ensure your individual rights are recognized.