You may need to file a personal injury claim and likely go to court if you are the victim of an accident brought on by someone else’s carelessness or misbehavior. In addition to your hospital appointments and the emotional strain brought on by your injuries and damages, the legal process involving the insurer and the courts can be quite demanding.
You may need the help of experienced personal injury lawyers in Queens, NY, to manage the complexities of your case so you can concentrate on your recovery. Let’s go through the critical steps of a typical New York personal injury claim so that you will know what to do if you sustain injuries in an accident.
Seeking medical attention
Getting emergency medical care for your injuries should be your top priority. As hidden injuries from an accident may take months to manifest, delaying getting medical attention can lead to issues down the road. Additionally, the jury and the insurance company may reasonably dismiss your claim for the absence of medical proof linking your injuries to the accident.
You speak with a personal injury attorney.
You should seek legal assistance as quickly as possible after being hurt in an accident caused by someone else’s carelessness or misbehavior. This is crucial to safeguarding your legal rights and assisting you in obtaining just compensation for your harms and damages.
Your attorney submits a summons and complaint.
This is the formal announcement of your claim, where you inform the defendant and the court of your injuries and the restitution you want. The statute of limitations requires that your attorney file this lawsuit within three years from the accident date.
Both attorneys participate in the discovery procedure.
Following filing a lawsuit, lawyers from both parties formally exchange evidence- and information-containing documents in a procedure known as discovery. Each side requests papers, such as medical records, insurance policies, witness statements, and other information during the process.
Before trial, you and the defendant are both examined.
The examination before trial (EBT) procedure entails sworn testimony from both parties in the attorneys’ offices. These affidavits and depositions can give a clear picture of the advantages and disadvantages of the argument put up by your adversary.
Mediation or negotiations
There is an effort to settle through negotiations before the matter goes to trial. A settlement involves your attorney making a claim on your behalf, which the attorney for the defendant may accept or attempt to further decrease through discussion.
Trial and final verdict
The court or private mediation firm overseeing your case may appoint an unbiased mediator to facilitate the settlement. However, your personal injury lawsuit will go to trial if a settlement is not reached by the trial date. But settlement talks may go on throughout the trial. The court issues a ruling as the jury returns its verdict following the conclusion of a trial.
Remember that every case has unique circumstances and that most personal injury claims in New York will settle rather than go to court.