The court rules in New York require that if we reject your accident case, negligence case, medical malpractice or wrongful death case we are required to notify you in writing that we are unable to accept your case for prosecution. However, not everyone will open up their mail. Some have a post office address. Some pick up their mail infrequently.

The purpose of sending you a certified letter is to make sure that you have received our notification to you that we are unable to proceed forward with your case.

That means that not only will you get a regular piece of mail from us containing the letter explaining why we cannot proceed forward with the matter, but you will also receive a certified mailing, return receipt requested to confirm that you have received our notice.

There is one more important reason why it is necessary for you to get this letter. Contained within this rejection letter is usually the timeframe within which you have to bring a lawsuit.

This notice is designed to once again make you aware of the time limit that you have within which to bring a case. The letter also tells you that just because we have decided not to proceed forward with your case, does not mean that another attorney will choose to do the same. In fact, we are required to advise you to seek other counsel for another opinion. This way, you do not get the false impression that one attorney's opinion is the be-all and end-all of your potential matter. There may be other attorneys who are willing to investigate and pursue your particular matter. This letter simply reminds you of that fact.
Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer