Church Alive Interview pt. 2
Rev. Dr. Timothy Birkett: You know sometimes people are injured on the job and they are concerned because they say well if I report this injury they might fire me or am I suing my employer.
Attorney Jason Kessler: Well that’s actually not correct; you’re not suing your employer there is something called workers’ compensation. If you have been injured on your job you have a right to seek workers compensation. You should know you have thirty days to tell your supervisor or the person who’s in charge and two years to make a workers’ compensation claim. As always if you have been injured I suggest that you seek counsel immediately.
Rev. Dr. Timothy Birkett: Okay now we have seen a lot of people go into the hospitals and sometime they go in there for a minor medical requirement and things get worse. Okay, suddenly there is a situation where people or the person may find or feel that there has been a malpractice. How do we respond to that?
Attorney Jason Kessler: Well if you believe you have been a victim of malpractice what you should do is immediately contact an attorney and also you should seek treatment with another doctor. I don’t advise people to tell the doctor that you believe admitted malpractice about that because unfortunately, although it’s illegal sometimes doctors change their records. So what I would suggest is to contact an attorney as soon as possible. You should know medical malpractice cases are very difficult and some things are called the risk of procedure and if it is the risk of procedure, you know you got heart surgery and something bad happens and you knew about it because a doctor explained it to you well that’s not malpractice but in order to find out whether or not you have malpractice you should contact immediately a confident attorney who will do the investigation for you and talk with a medical expert to determine whether or not you were a victim of malpractice.
Rev. Dr. Timothy Birkett: Now there are folks watching here that might have had an injury about a year ago and the question then pops of statues of limitations. What is the statue for New York?
Attorney Jason Kessler: Well it depends on what you are talking about. If you have an injury at work you have two years to file a workers’ compensation claim if you were injured by a doctor under certain circumstances unless it was like a municipal hospital you have 90 days to make a notice and claim it. Sometimes only a year to make a claim, but normally for medical malpractice it is two in a half years and if it is regular negligence like such as a car accident it’s three years. Don’t just listen to me and assume that’s it three years and it’s two in a half years, it’s tricky, there is a lot of municipal entities out there. My advice is as soon as you get injured contact an attorney and I believe waiting a year is way too long because you may have blown the statute of limitations and you may not be able to sue. So contact a lawyer as soon as possible.
Rev. Dr. Timothy Birkett: So if somebody out there has been in an accident and you feel that you have not been legally or properly represented, can I switch my attorney?
Attorney Jason Kessler: Of course, you know if you go to a church and you don’t believe your minister is attending to your spiritual needs you can leave the ministry, you go to a different church.
Rev. Dr. Timothy Birkett: The only thing I ask is if they let me know before they leave.
Attorney Jason Kessler: Or if you go to a doctor and you don’t like the way the doctor is treating you it’s just like that with a lawyer. If you believe your lawyer is not being attentive to your needs, not responding to your phone calls and keeping you in the dark and doesn’t have your best interest in mind then that’s not a lawyer that you should have. So I have taken over cases from many attorneys who unfortunately have not treated their clients well.
Rev. Dr. Timothy Birkett: So what you are telling me is that I can actually change my attorney, is that what you are saying?
Attorney Jason Kessler: Yes you can, yes you can.
Rev. Dr. Timothy Birkett: And there is no problem in doing that?
Attorney Jason Kessler: There is no problem.
Rev. Dr. Timothy Birkett: Is there a point where I can’t change my attorney?
Attorney Jason Kessler: There is never a point where you can’t change your attorney.
Rev. Dr. Timothy Birkett: Now we are going back to slip and fall, having an accident, points like that and I go to the hospital and I’m there and after a while somebody comes up to me hands me a card and says I’m your attorney. Is that possible? Because it happens.
Attorney Jason Kessler: Well I’m sad to hear that it happens but I’ve heard stories like that. That is unethical an attorney can’t hire a runner or a middle man to come up and make you sigh your retainer. You should talk to the attorney you should have a chance to make your own decision. So if someone comes to you in a hospital and says that they are your attorney then you should immediately call the New York State Bar Association because that is unethical and illegal.
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