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Frequently Asked Questions

Personal Injury


Q: Do I have a strong case?
Whether or not you have a strong case depends on a variety of factors, including the nature and extent of your injuries or property damage, who is at fault and whether the defendant has sizable assets or adequate insurance coverage, and how long ago the accident or injury occurred. An attorney can evaluate your case in light of these and other factors, and give you a realistic assessment of what you can expect.
Q: I have fully recovered from my injuries. Do I still have a case?
Absolutely. Even if you have fully recovered from your injuries, you are still entitled to compensation for injuries caused by another’s negligence.
Q: How does my attorney get paid?
Most personal injury attorneys work on “contingency,” which means that if they agree to take you case, they will take a percentage of the recovery, whether by settlement or a trial verdict. Many advance the court fees and other related expenses, while others expect the client to cover some or all of the costs. If the attorney advances costs, those are reimbursed from your eventual recovery.
Q: How long will my lawsuit take?
This, too, depends on many factors. Most cases settle prior to trial, but if a settlement is not reached, your case will progress through discovery and trial which can take a year or longer in many jurisdictions. Additionally, you may not want to resolve your case too quickly if you are still seeking medical treatment and all of the related expenses have not yet been calculated.
Q: What is my role in the lawsuit?
Your attorney will take care of all of the legal aspects of your case. You may be asked to participate in discovery by answering written questions or giving oral testimony in a deposition. If your case goes to trial, you will likely be expected to appear in court. Throughout the duration of your case, you must obtain appropriate medical care and make your doctor, physical therapy, or other appointments.

Slip/Trip and Fall


Q: I tripped and fell over an uneven sidewalk outside of my neighbor's home. I sustained a back injury which kept me out of work for two weeks. He is aware of my injury but says it is my fault because I was talking on my cell phone and not paying attention at the time I fell. Do I have any liability?
Your neighbor and all property owners have the responsibility to take reasonable steps to provide for the safety of visitors. However, the injured party must also show that he or she was exercising reasonable caution. If your neighbor can prove that you were being careless at the time of the accident, it may hinder your claim. To fully evaluate the situation and determine who is responsible and to what extent, you should contact a knowledgeable attorney.
Q: What should I do if I am injured on someone else's property?
If you are injured on someone else’s property, take note of the surroundings and the hazard which caused you to fall. If you have a camera or mobile phone with photo capturing ability, try to take photos of the hazard as this may serve as evidence of the condition of the property at the time of injury. If there are any witnesses, ask for their contact information or a written statement of the accident from their perspective. If you are in a business setting, the business will probably require that you submit an accident report at the time of the incident. Be sure to retain a copy of this report for your records. In the upcoming days and weeks, keep clear records of any medical treatment needed and document any missed work which occurred as a result of you injury. Most importantly, contact a personal injury attorney who can review your case and inform you of the best course of action to receive compensation for your suffering and lost wages.
Q: As a homeowner, what am I required to do to ensure that I am not liable for damages should someone slip and fall on my property?
As a property owner, it is your responsibility to maintain a safe environment for all visitors to your property. If there is a defective condition, you must warn individuals of the hazard and correct it in a timely manner. Regular maintenance will ensure that you are aware of any unsafe condition and are able to fix it to avoid injury to others. The extent of liability, if any, can vary depending on each situation, so it is best to consult a qualified personal injury lawyer who is familiar with the specific laws of your local jurisdiction.

Product Liability


Q: I was injured when using a product. If I decide to seek compensation for my injury, who can be held liable for my injury?
In most cases, the manufacturing company is held liable for injuries caused by defective products. However, depending on the nature of the case, other parties may be held fully or partially liable. For example, if your product was repaired by an individual independent of the manufacturer, the repair technician may be held responsible. In other cases, the retailer of the product may be liable. To determine who is liable, you should contact an attorney who specializes in product liability matters.
Q: What is the most common defense used by manufacturers to avoid liability in defective product cases?
In many cases, manufacturers will argue that the user misused the product and, as a result of this incorrect use, injury ensued. This defense may be valid in many cases, however, it is the manufacturer’s duty to provide notification of intended use and warn of dangers of misuse. If these warnings were not expressed on the product prior to use, the defense may not hold as much weight in court.

Automobile Accidents


Q: What should I do if I’m in a car accident?
If you are involved in a car accident, you should seek necessary medical treatment immediately. Even if you are not injured, it is important that you call the police and file a formal police report which can later assist with insurance claims and any lawsuits which may follow.

During this time, you will be required to show your driver’s license and documentation of your insurance coverage. It is important that you obtain this information from the other driver as well. If you have a camera, you should take a photo of the scene or soon after to show any damage to your vehicle. You should also contact your insurance carrier as soon as possible so they can instruct you on the necessary steps to file your claim.

To ensure that you receive the greatest settlement possible, contact a personal injury attorney who can initiate an investigation before witnesses forget their testimonials and evidence is lost.

Q: I was in a minor accident and the other driver and I just exchanged insurance information without calling the police. My insurance company is now giving me a hard time for not having a report. Is a police report necessary for all car accidents?
It is always a good idea to call the police at the time of an automobile accident. Although all insurance carriers have different policies regarding the necessity of a police report when filing a claim, many will accept an auto insurance claim without one. Nonetheless, police reports are helpful in determining the involved parties and documenting who was at fault. This information will assist your insurance company in their investigation and may expedite the resolution of the claim.
Q: I was in a car accident and the other motorist's insurance company just called me for a statement. Am I required to provide one?
Absolutely not! More often than not, the other driver’s insurance company is calling to obtain information which can be used against you as you seek to recover losses. Respectfully decline their request and inform them that if they would like a copy of your statement, they may contact your insurance carrier directly.
Q: Who is responsible for my medical treatment and expenses?
In most cases, the at-fault party and/or their respective insurance providers are responsible to pay for medical treatment and other expenses such as vehicle damage. However, fiscal responsibility for injury resulting from a car accident varies significantly from state to state. As a result, it is crucial that you contact a local law firm who can help you determine fault and recover any financial losses you’ve incurred.

Medical Malpractice


Q: What is medical malpractice?
Medical malpractice occurs when a healthcare professional such as a doctor, nurse or technician treats a patient in a manner which departs from a standard of care provided by those with similar training and experience, resulting in injury, ailment or death.
Q: Can misdiagnosis be considered malpractice?
Yes!  In fact, misdiagnosis is one of the primary reasons why medical malpractice cases are filed. A patient can suffer significant injuries or even death when a doctor fails to properly diagnose an injury or ailment, delays diagnosis or fails to provide any diagnosis at all.
Q: What is a statute of limitations?
A statute of limitations refers to the period of time during which a potential medical malpractice victim can initiate a lawsuit.  Depending on the state and the procedure in question, this period can start from the time at which the malpractice occurs or alternatively, from the time which the victim discovers that malpractice was the cause of his or her injury.  Determining the exact period of statute of limitations can be complex depending on your particular circumstance so it is important to consult a qualified medical malpractice lawyer as soon as possible to protect and maximize your interests.
Q: Who is responsible for my medical treatment and expenses?
In most cases, the at-fault party and/or their respective insurance providers are responsible to pay for medical treatment and other expenses such as vehicle damage. However, fiscal responsibility for injury resulting from a car accident varies significantly from state to state. As a result, it is crucial that you contact a local law firm who can help you determine fault and recover any financial losses you’ve incurred.
Jenna Zerino
Jenna Zerino
1685414741
They are very respectful, on time, I would definitely use their company again.
Michael Priolo
Michael Priolo
1685390852
Excellent!
Emma Ann
Emma Ann
1685326428
Kelly Paskor
Kelly Paskor
1685279370
Extremely helpful counsel during a stressful time in my life! I would absolutely recommend them.
Joe Schmo
Joe Schmo
1685239783
Taylor Luxoro
Taylor Luxoro
1685236799
Joseph Priolo
Joseph Priolo
1685224560
joe antonacci
joe antonacci
1685222169
Nicolette Furno
Nicolette Furno
1685220852
Mike Loffredo
Mike Loffredo
1685220799
Marci Henderson
Marci Henderson
1685218254
Eleni Mananas
Eleni Mananas
1685218183
Mia Matranga
Mia Matranga
1685216193
denise priolo
denise priolo
1685216091
Great law firm, thank you for all your help!
Alanna Riccardi
Alanna Riccardi
1685109702
Gennaro Priolo
Gennaro Priolo
1685108316
Ryan DeGennaro
Ryan DeGennaro
1684793996
I was assaulted in June of 2021 and almost lost my life. With the bar I was at being partially to blame I looked for counsel to represent me with a case against them. I would then go through several lawyers that either put it on their backlog or flat out told me I didn’t have a case. Finally I landed with Leigh and he was able to turn my case into a significant settlement. Not only were they able to do this for me but they did it in a timely and professional manner. Trusting them, I had them also deal with a separate matter which they had helped turn out as good as the first issue. They work hard to ensure the best for the people they represent and I would recommend them to anyone. I would like to thank them and also let others know that you are safe in their hands.
Alicia Thompson
Alicia Thompson
1683919859
Leigh Sutton & Daniel Smith are the best attorneys to have on your side they make you feel extremely comfortable, very sufficient, very organized I gladly recommend them.
SKILLZ DIAMONDS
SKILLZ DIAMONDS
1682854700
Thank you Daniel Smyth for your guidance in clarification at time of questions, your representation is more then the five stars I can give you in your teammates. I would recommend this firm to anyone who is in need of help. Thank you again. Blessings
Helen Kim
Helen Kim
1682037790
We asked for an evaluation on a case and was given more than what we could've asked for. Leigh Sutton was very helpful in explaining and clarifying our situation. He was very quick in answering all our questions in detail and very patient no matter how trivial or obvious our questions were. We HIGHLY HIGHLY RECOMMEND this firm if you are looking for an attorney that is honest, knows what they are doing, and keeps their clients very well informed.Thank you again Leigh Sutton, Esq. for your time and help with everything.
Camille Sobel
Camille Sobel
1681159883
Sutton & Smyth provided me with the help and information I needed.if you’re looking for a lawyer who is attentive, knowledgeable and understanding give Sutton and Smyth a call.
K G
K G
1680032682
Excellent lawyers. Attentive, got us the result we were hoping for. Highly recommended. They are the lawyers you want on your side!!!
Kimberly Creer
Kimberly Creer
1672879640
yukia napoleon
yukia napoleon
1669308202
Michael Lezamiz
Michael Lezamiz
1654281117
I am an attorney that has referred a number of sensitive cases to the attorneys at Sutton & Smyth, LLP. Their team, led by Dan Smyth and Leigh Sutton, showed the highest class towards our mutual clients and obtained better than expected results on all cases referred.Great work! Keep it up.
Dan was my lawyer and he did a great job. Very good at his job and I'm beyond grateful and satisfied with the job he's done . If you want a determined , passionate and hardworking guy who's going to make sure he looks out for you to the best of his ability. Then this the law firm for you . Thank you again Dan ❤️
Great experience,Dan handled my case so quickly and took the time to help and explain the process to me. Would highly recommend!
Mandy Myers
Mandy Myers
1639769591
Erin Ryan
Erin Ryan
1627324075
After my auto-accident, I had serious doubts about my professional career. It's highly laborious, and taking a leave of absence due to an injury was a financially devastating experience.Dan really held my hand through getting myself back in order. He educated me on my many, many questions and gave me a great sense of autonomy with what course of action we wanted to take with my full sense of understanding every step of the way.I also give him major props for reaching out to me through the pandemic to let me know the status of our case, even when it was covid-paused for many months. I always felt like I was in great hands.My experience working with Dan was working with someone transparent, helpful, and consistent, and I'm really happy I met him when I did.
Taniyah Gilmore
Taniyah Gilmore
1623881731
Sutton & Smyth worked on my case and delivered when no one else would. Thank you for your effort and dedication.
Samantha Swint
Samantha Swint
1623169021
Great experience!Daniel was very knowledgeable, super attentive, and quick to inform me throughout the entire process. It was always easy to get in touch with him. The whole firm was great, handled everything I needed professionally and with expertise.Highly recommend!Thank you!
Great experience. Daniel made me feel at ease throughout my entire process. He is very knowledgeable, super attentive, and quick to inform and respond. The whole firm handled everything I needed with professionalism and expertise.
A Leoutsakos
A Leoutsakos
1622776502
I would highly recommend this law firm. Dan Smyth is very knowledgeable and attentive. He continuously updated me throughout the entire process and answered all my questions. The office responded quickly to all e-mails and phone calls. Overall, a very positive experience.
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