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Legal FAQ

  • Other Frequently Asked Questions

    • 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.
      Contact us now to discuss your case with one of our experienced attorneys.
    • If arrested, what steps can I take on my behalf?

      1. Do not discuss your situation with anyone except your attorney.

      2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

      3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

      4. 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.
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    • If I hire 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 and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
      Contact us now to discuss your case with one of our experienced attorneys.
  • Switching Personal Injury Attorneys

    • Can I switch personal injury attorneys in the middle of a case?
      Yes. You can fire or switch personal injury attorneys at any time, for any reason.
      Finding the right personal injury attorney for you in Albany can be difficult – and sometimes, you simply don’t get it right the first time. If you are in the middle of a personal injury claim and you have realized that your attorney is not the best choice for you or your case, you should know that you can look for a better lawyer for your needs and switch attorneys, or law firms, at any time and at no extra cost to you.
    • How do I switch personal injury attorneys in New York?
      You can change personal injury attorneys during any phase of your case. The new lawyer notifies your former attorney in writing that you have switched attorneys. At that point, your former attorney will forward your file to your new attorney. The court and judge will be notified accordingly. You will not need to talk to you old lawyer.
    • What are good reasons to switch personal injury attorneys?

      You may switch personal injury attorneys for any reason. However, there are a few common reasons that individuals choose to end their relationship with.

      - The lawyer was not responsive to your questions, needs, or concerns.

      - The lawyer did not respect your wishes.

      - The lawyer did not have the experience needed to take on your case.

      - The lawyer made a serious mistake while working on your case.

      - The lawyer was discourteous or disrespectful.

      - The lawyer was moving your claim forward too slowly.

      - The lawyer is ill or has passed away.
      It is important to note that it is okay to switch attorneys even if a large mistake was not made – you may switch attorneys simply because you feel that your current attorney is not a good fit for you, or simply because you’d like someone more thoughtful, thorough, efficient, or compassionate.

    • Will switching personal injury attorneys result in higher fees or cost more money?
      No. You will pay only one attorney fee in your personal injury case and only if you win compensation. It is the responsibility of your former attorney and your current attorney to split the fee in a way that is fair, based on the percentage of work that each did on the case.
    • Will changing personal injury attorneys delay my case or compensation?
      No. As long as you pick a new attorney for your case in good time, your case should not be stalled in any significant way. Your former attorney will simply deliver your case information to your new attorney and your claim will move forward as usual after the court is notified.
    • How can I find an Albany personal injury attorney who is right for me?
      It is not too late to find a new attorney who meets your needs, listens to your concerns, and fights for your rights with passion and knowledge. If you are looking to switch Albany, Schenectady, Troy or Saratoga personal injury attorneys, our best advice is to simply connect with a few alternative choices to tell your story and ask all of your questions. Base your choice both on each attorney’s answers, as well as whether you feel comfortable and confident while talking to the attorney. At E. Stewart Jones Macker Murphy, we offer personal attention and passionately believe that each of our clients are far more than just a number. If you would like to speak to us about your case, switching attorneys, or our legal experience, please call us today at 518-730-7270 to schedule a free confidential informational consultation or fill out our electronic contact form.