Pursuing a personal injury claim in New York may seem like a daunting task, especially because of the confusing nature of the legal system. There are many intricacies involved, and the paperwork can be overwhelming to navigate. However, making a claim and taking legal action is your right.
If you or a loved one suffered from an injury caused by someone’s negligence or misconduct, it’s only right to seek compensation. Most of the time, parties may settle instead of ending in litigation, but it’s still valuable to know what to do. With this, here is a step-by-step guide to the typical process of pursuing personal injury claims.
Step 1: Getting Medical Attention
It’s best to seek medical attention right away after sustaining your injuries, as this will provide evidence for your case. If you don’t seek the help of health professionals right away, you risk your condition worsening and losing proof that your injuries are severe enough to warrant compensation.
Step 2: The Initial Investigation
It’s best to seek an accident lawyer to help you navigate your case. They will ensure that your rights remain protected and that you get the compensation that’s right for you. They will conduct an initial investigation to get the facts of the case, so it’s best to prepare any evidence that can help your case. Your attorney will determine if the lawsuit is worth pursuing and how to move forward with the claim.
Step 3: Filing Complaints
Your accident lawyer will work with you to let the court and defendant know about your injuries. They must file a lawsuit within the period stated in the statute of limitations, which can vary depending on your personal injury case. Your attorney and the defendant’s legal representative will then exchange documents containing the facts and evidence of the case.
Step 4: Examination Before Trial
In the examination before trial (EBT) process, you and the defendant will offer sworn testimonies in lawyers’ offices. The statements will be recorded to ensure that they are consistent and accurate. After which, the legal professionals will determine the strengths and weaknesses of the case.
Step 5: Negotiation and Settlement
The legal representatives of both parties will seek to negotiate and reach a settlement. Your lawyer will make a demand on your behalf, and the defendant’s attorney may either accept or try to reduce the compensation amount. If both parties are satisfied with the agreement, your accident lawyer will help you navigate the process of getting the money.
Step 6: Trial and Resolution
The vast majority of personal injury cases end up in settlements, but in case the parties don’t reach an agreement by a specified date, the case will go to trial. Your legal representatives will have to present evidence and establish liability and damages. Once the court decides on the verdict, you and the defendant may opt for an appeal or motion to the higher court. When everything is done, the judgment will be final, and your lawyer will help you get your compensation if you win.
Enlist the Help of a Trusted Accident Lawyer in New York
Personal injury claims are a long and winding process, and those that go to trial may last around a year or more. However, having a competent lawyer to work with you will make the process easier. Keep this guide in mind to help you stay in the loop as you pursue your claim.
If you’re looking for a trusted accident lawyer in New York, Ronemus & Vilensky can help. We’re dedicated to assisting you towards the best outcomes for your case. Contact us today for a free consultation!