Frequently Asked Questions

Varcadipane & Pinnisi, P.C. is a boutique law firm which specializes in the following practice areas: personal injury, medical malpractice, civil litigation, commercial litigation, and real estate law. We represent both plaintiffs and defendants with civil and commercial litigation matters. Our attorneys also represent plaintiffs with their personal injury and medical malpractice claims. In addition, we also handle real estate matters, such as real estate purchases and sales and disputes involving real estate. For a complete list of our practice areas please click here.

You are entitled to know, to the extent that we can reasonably inform you at your first visit, what your legal fees will cost.  We encourage a frank and open discussion about our fees with each client at the time of their initial consultation.  Lawyers are paid under various fee arrangements depending on the specific circumstances of the case.

Contingency Fee:

On a contingency fee basis, your legal fees will be based on the amount of recovery we make; no recovery means no fee.  We handle all personal injury and medical malpractice cases on a contingency fee. Not all cases qualify for the contingency basis; we will tell you if yours does.

Hourly Fee:

On an hourly fee basis, fees are based on an hourly rate for services rendered. This means you will pay as you go.  All work is logged and you will be provided with a detailed, itemized list of all work performed and the rates charged for the work.  Typically, all of our civil and commercial litigation matters follow an hourly fee basis.

It depends on the details of your case. Not all cases qualify for the contingency basis; we will tell you if yours does.

Our firm handles all personal injury and medical malpractice cases on a contingency fee. This means that we charge no legal fees to our clients unless and until we recover monetary damages for our clients through verdict, settlement or by other means, in which event our fees are paid out of the recovery as a portion of the recovery.  If we recover no monetary damages then the client would not pay any attorney fees.

In most cases, the amount of the legal fee is based upon State statutory law, but in the event it is not regulated by law, then the client and attorney will agree in advance on the percentage that will be paid for attorneys’ fees.  In either case, the firm and the client will enter into a written retainer agreement at the beginning of our representation so that the fee arrangement is very clear from the outset.

Yes. Each state and each case type have a filing deadline called the “Statute of Limitation.” You must file a lawsuit before the statute of limitation expires. Other factors may also apply.

For example, the Statute of Limitations for a personal injury case in New Jersey is two years from the date of the accident. The Statute of Limitations for a personal injury case in New York is three years from the date of the accident. If your case involves a public entity, your time limit to file a claim could be as short as ninety (90) days from the date of the accident. If you do not file a claim or a lawsuit within the statute of limitations, you will be barred from filing a lawsuit with the court. This is why it is important to consult with a lawyer as soon as possible after your injury.

The length of time it takes to resolve a case can vary greatly depending on a number of factors, including the complexity of the case, the amount of evidence involved, the parties involved, and the court system in which the case is being heard.  Generally, personal injury and civil litigation cases can take anywhere between a few months to several years to resolve.

Some cases can be resolved quickly through negotiations or settlements, while others may take months or even years to go through the court system.  It’s important to work closely with your attorney and to stay patient throughout the process.  Your attorney can help provide a more accurate estimate of the timeline for your case based on the specifics of your situation.  They can also keep you informed of any updates or changes that occur as the case progresses.

Remember that while the process may be frustrating and time-consuming, the ultimate goal is to reach a fair and just outcome for all parties involved.

The steps involved may vary depending on the specifics of your case, but generally, they may involve actions such as: 

• Filing: If your attorney determines that you have a valid claim, they will file a complaint with the court, which outlines the details of your case.
• Discovery: This is the process where both parties exchange essential information related to the case, including contracts, medical records, witness statements, and other relevant documents.
• Settlement Negotiations: Prior to trial, both sides are always encouraged to engage in settlement negotiations in an attempt to reach a mutually agreeable resolution.
• Motions: Both sides may file pretrial motions. This is where the parties present their legal arguments using evidence to support their claims. 
• Judgment: Upon consideration of the evidence and arguments, the court may issue a judgment, which may include relief for monetary damages and other remedies.
• Trial: If a fair settlement cannot be reached, your case may proceed to trial, where a judge or jury will hear the evidence and make a decision on the case.
• Appeals: If needed, the parties may appeal the legal issues in dispute. Factual disputes are typically not appealed.

It’s important to keep in mind that each case is unique, and the steps involved may vary. Your attorney will guide you through each step of the process and help you achieve the best possible outcome for your case.

Many personal injury and civil litigation cases are settled outside of court through negotiations between the parties involved, which can save time and money for our clients. However, if a fair settlement cannot be reached through negotiations, then the case may proceed to trial. In general, cases that involve substantial damages, disputed liability, or complex legal issues are more likely to go to trial. Your  attorney can give you a better idea of whether your case is likely to go to trial or not, based on the specifics of your case. They can also provide you with guidance and representation throughout the legal process, helping you to achieve the best possible outcome.

Determining the value of a personal injury case is a complex process and depends on various factors such as the severity of your injuries, the amount of insurance coverage available, the impact on your daily life, the cost of medical treatment, and the extent of your financial losses. To determine the value of your case, it’s important to consult with one of our experienced personal injury attorney. They can review the details of your case, assess the damages you have suffered, and provide you with a realistic estimate of what your case may be worth. Keep in mind that each case is unique, and there is no one-size-fits-all answer to this question.

If you have been injured in an accident it is important to seek medical treatment immediately. Even if your injuries appear to be minor, it is still a good idea to seek medical treatment. Some injuries may not show symptoms right away, and delayed treatment could result in long-term health problems.

In addition to helping you recover physically, seeking medical treatment can also be important for your personal injury case. Medical records can serve as evidence of the extent of your injuries and the treatment you received. This can be important in determining the amount of compensation you are entitled to for your injuries.

It is also important to note that insurance companies may use a lack of medical treatment as evidence that your injuries were not serious or that you were not actually injured. Seeking medical treatment can help to counter these arguments and ensure that you receive fair compensation for your injuries.

While it’s not always necessary to hire a personal injury lawyer, having an experienced attorney advocating for your legal rights can be extremely beneficial in many cases.

If you’ve been injured as a result of someone else’s actions or negligence, one of the best-experienced law firms in NJ and NYC, can help you navigate the complex legal system and ensure that your rights are protected. Personal injury cases can also become quite complex. There are countless factors that a plaintiff will need to establish for their case. Our attorneys can help you gather evidence, conduct legal research, prepare your legal documents, preserve your legal rights, represent you in various court proceedings, negotiate with insurance companies, and ensure that you receive the best compensation for your injuries.

We consider clear and frequent communication with our clients to be one of the most important, and most commonly overlooked, part of the lawyers obligation to their clients.  While we will also make sure you understand exactly what is going on with your case, the frequency of communication often varies depending upon the nature and stage of your case.  Clients who contact the firm for an update, can expect to hear back from one of our attorneys or legal professionals within 24 – 48 hours.

The only way to determine if you actually have a case is through a quick consultation with one of our NJ or NYC lawyers. Our lawyers will evaluate the details of your case and provide you with an honest assessment of your legal options.

Our personal injury attorneys handle a variety of cases in the New Jersey, New York City Metro Area and Florida including: car accidents, truck accidents, motorcycle accidents, slip and falls, construction accidents, product liability, premises liability, dog bites, medical malpractice, birth-related injuries, wrongful deaths, general negligence and many more. For a complete list of the personal injury cases we handle please click here.

Our civil litigation attorneys handle a variety of cases on behalf of both Plaintiffs and Defendants in New York and New Jersey including: breach of contract, consumer fraud, NJ Consumer Fraud Act claims, estate litigation/will contests, environmental contamination, post judgement enforcement, fraudulent conveyance actions, insurance claims, NJ Conscientious Employee Protection Act “CEPA Act”, whistleblower claims, defamation/libel and many more. For a complete list of the civil litigation cases we handle please click here.

Our commercial litigation attorneys handle a variety of cases on behalf of both Plaintiffs and Defendants in New York and New Jersey including: breach of contract, oppressed minority shareholder claims, business dissolution claims, business claims, LLC and/or corporate disputes, environmental contamination, insurance coverage disputes, insurance litigation and many more. For a complete list of the commercial litigation cases we handle please click here.

Our real estate law attorneys handle a variety of cases for clients in New York and New Jersey including: purchase or sale of residential property, purchase or sale of commercial property, development projects, land use, site plan, subdivisions, permits, variances and environmental compliance, boundary or property disputes and many more. For a complete list of the real estate law cases we handle please click here.