How To File A Personal Injury Claim In New York?
Under New York law, if you get injured because of someone else’s negligence, recklessness, or intentional act, you have the legal right to file a personal injury claim (also referred to as a tort claim) against the at-fault party and recover compensatory damages. In this short guide, let us look at the steps you need to take to file a personal injury claim in New York.
Hiring a New York Personal Injury Lawyer
Legally speaking, you can file a personal injury claim on your own. Based on this, it’s never a good idea, as you might find it difficult to navigate the claims process by yourself. More importantly, in the absence of effective legal representation, the defendants will have an upper hand, and will use all possible tactics to deny or diminish your claim. So, your priority should be to have an experienced New York personal injury lawyer on your side to pursue maximum damages on your behalf.
Investigation and Evaluation of Your Claim
Once you hire a lawyer, they will investigate your case, determine who can be held liable for your injuries, gather physical, forensic and documentary evidence, reconstruct the accident with the help of experts, calculate the extent of your economic and non-economic losses, determine the amount of damages you might be entitled to under the circumstances, and prepare a strong legal strategy to negotiate with the insurance company.
Filing the Complaint
Your lawyer will file a complaint of personal injury. In New York, this is a formal document which explains the legal basis for your claim with the court.
Serving the Complaint
Your lawyer will serve a physical copy of the complaint to the defendant (the party that you are suing) – usually with the help of a professional process server. The defendant is required to respond to your complaint within a span of 20 to 30 days.
Discovery
In this step, your lawyer and the insurance company’s lawyer will obtain the information they need from each other through requests to produce documents, interrogatories, subpoenas, and depositions. At the end of the discovery process, your lawyer will negotiate with the insurance company’s lawyer to settle the case. If a settlement is not possible, your case will proceed to trial.
Trial
During the trial, both parties will make their arguments and present the evidence to the jury. Based on the facts, the jury will deliver a verdict. If you are not satisfied with the jury’s verdict, your lawyer can file an appeal to overturn the jury’s verdict. Once a verdict is delivered, it can take you a few months to receive the compensation you are awarded.
Get the Legal Help You Need from Our Award-Winning New York Personal Injury Lawyers
If you have been injured by a negligent driver and plan to sue them, it is important to have an experienced attorney who will work diligently to get you the compensation you deserve.
At the Law Offices of Michael S. Lamonsoff, we have a team of highly skilled personal injury lawyers who bring unmatched legal knowledge and more than 100 years of combined legal experience to the table. Led by award-winning personal injury attorney Michael S. Lamonsoff – who is known as ‘The Bull’ for his aggressive, result-oriented approach towards legal representation – our legal team has a track record of recovering record settlements for our clients.
To find out how we can help you with your claim, call us today at 212-962-1020 or fill out our online contact form and schedule a free consultation with a highly rated New York personal injury attorney.