Many people are reluctant to pursue a personal injury claim because they don’t know what the process entails. If you have been injured due to another party’s negligence, please read this as we provide essential information about what you can expect from this process and the importance of collaborating with an experienced New York City Personal Injury Lawyer during these difficult times.
How Do I File a Personal Injury Claim?
In the unfortunate event that you are injured due to the negligent or intentional acts of another party, it’s crucial to understand how to pursue a personal injury claim to seek compensation for the damages you have endured. In New York, the statute of limitations for most personal injury claims is three years from the date of the injury. Although there are some exceptions, filing past this deadline will result in the absolute bar of recovery. Essentially, once the statute expires, you relinquish your right to pursue compensation. The statute of limitations may be three years, but it’s advisable to file a claim as soon as possible to safeguard your rights and interests.
The first step in the claims process is typically to contact the other party’s insurance company. They will investigate the accident and make a settlement offer. It’s important to be aware that insurance companies often use deceptive tactics to minimize payouts, so their initial offer will likely be much lower than the true value of your claim. While most personal injury cases are settled out of court through negotiation, you can file a lawsuit against the other party if the settlement offer is unsatisfactory.
What Happens if Negotiations Fail?
If negotiations fail, the next step is often proceeding with litigation. If the settlement offer is unsatisfactory, you can take your case to trial, in which your attorney will represent your interests and present your case to a judge or jury. The first thing you will need to do if you take this route is file a complaint with the court, outlining the negligent party, your allegations against them, and the damages you have suffered as a result of their actions or inactions. Once filed, the at-fault party must be served to provide them proper notice of the lawsuit and give them adequate time to respond.
After the case is officially filed, the discovery process will begin. This process involves exchanging information, such as documents and witness statements, with the other party to prepare and get a better understanding of the case’s strengths and weaknesses. Once the discovery process has concluded, the trial will begin, and the outcome will depend on the evidence and arguments presented by both sides. After each side has presented its case, the jury will issue a verdict.
If you have been injured due to someone else’s negligence or intentional acts, it’s in your best interest to consult with an attorney from James Newman, P.C., who can help you understand your rights and options. Our legal team can ensure you are making informed decisions throughout every step of the process. Connect with our firm today to learn how we can fight for you.
