If you’ve been injured by another party’s wrongdoing, you would want to take some action to seek compensation for your losses and hold the at-fault party accountable. When it comes to car accidents, slip & fall accidents, and even workplace accidents, this is done in the form of a personal injury lawsuit.
At Gabriel Law, we understand that filing a lawsuit in New York can be overwhelming—especially when you don’t know where and how to start the legal process. As a trusted personal injury law firm in NYC, we’ve filed plenty of personal injury lawsuits in the past, and with this blog we’ll be presenting a step-by-step guide for the entire process.
Is there a deadline for filing a personal injury lawsuit in New York?
Yes, there is a deadline; it’s called the statute of limitations. For personal injury lawsuits, the statute of limitations is three years from the date of the accident. If you miss the deadline, you will lose the right to bring legal action. The court will most likely reject your claim, regardless of its merit.
What are the steps I should take before filing a personal injury lawsuit in New York?
Seeking medical attention for your injuries
You should never compromise your health. Therefore, try and get prompt medical attention for any injuries. Since you have the burden of proving that your injuries were caused by the accident, you will have to obtain the medical records associated with your treatment. Medical evidence is the foundation of almost all personal injury lawsuits.
Furthermore, if you’ve delayed seeking medical care, the other side can make allegations that you have failed to mitigate damages. If the other side shows you have increased the damages by not seeking medical attention, your compensation might be significantly reduced.
Hire an experienced personal injury lawyer.
Filing a lawsuit and navigating the legal system of New York can be a daunting prospect, especially if you have no experience doing so. Therefore, it is generally best to get in touch with an experienced personal injury lawyer. Your lawyer can take a huge burden off your shoulders, making sure that many of the vital steps are handled without delays and complications.
Gathering evidence, documentation, and valuing damages
You and your attorney will work together to gather all the relevant documents, work with experts, and determine the extent of the damages you have suffered. The final value for damages you present to court will be primarily a combination of economic, non-economic damages, and sometimes punitive damages.
File an insurance claim.
If you have the option, submit a claim with your insurer or file a claim with the other party’s liability insurance. Either way, the insurance company will appoint an investigator to look into your case and determine whether the insurance company is liable to pay, and if so, how much your damages are worth.
Your attorney can prepare and send a letter of demand explaining the details of the accident and include a demand for a specific sum to settle your matter. The insurance company may accept your demand, issue a counteroffer, or deny liability. Either way, the process usually takes several weeks.
General rule of thumb: the initial settlement offer is generally lower than the actual value of your claim. It is best to allow your accident lawyer in New York to handle the negotiations with the insurance company.
What is the process of filing a personal injury lawsuit?
Filing the complaint and issuing summons
If you were unable to reach a settlement at the insurance stage, you can file a personal injury lawsuit. The process begins when you (the plaintiff) file a complaint against the other party (the defendant). Once the defendant receives a copy of the complaint, they must respond to it within a set time.
Discovery phrase, deposition, and other pre-trial motions
Once the defendant has responded, the case will move to the discovery phase. This is often the longest part of the lawsuit and will see both sides examining each other’s claims and evidence. This is the stage where things like depositions, requests for documents, interrogatories, subpoenas, and requests for admissions take place.
At the end of this phase, the parties could try to reach a settlement, and the plaintiff can even choose to dismiss the case. If the parties have not settled, they can submit pre-trial motions, primarily dealing with law and evidentiary matters.
Trial, Verdict, and Appeals
This is the final phase of the lawsuit. Both parties will present their evidence to a jury. The jury will then deliberate on the matter and render their verdict. If either party is unsatisfied with the verdict, they may choose to appeal, but they will have to prove the legal grounds to do so.
Once the final judgment has been delivered, it will still take a couple of months for you to receive the money. This is because your attorney must settle all outstanding payments before they disburse the money to you.
Conclusion
Filing a personal injury lawsuit is serious business, and you will need the best attorney you can find to guide you through the process. At Gabriel Law, our team is committed to seeing you through the process from start to finish, protecting your rights and maximizing your compensation. If you’re considering taking legal action after your accident, don’t wait—schedule a free consultation with us today.