Tragedy tends to happen unexpectedly. Walking out onto the crowded New York street, speeding down busy avenues, or simply conducting everyday business, life could be suddenly shaken into the unknown with a sudden blink. An accident would not only physically hurt you, but mentally injure you with mental anguish, rob you of your hard-earned cash, and leave thousands of people wondering: What am I worth? Who is paying my hospital bill? How do I get someone to answer my call for assistance? That is where a professional personal injury attorney in New York comes in handy.
And here, in this post, we are going to guide you through it step by step, and how to do it if you must make a claim for a personal injury in New York.
We will also highlight why it is so important that you talk to an experienced personal injury attorney in New York and answer some of the most common questions.
Overview of Personal Injury Law in New York:
Personal injury law involves instances where a person gets hurt due to another person’s wrongful action or negligence. It encompasses, in New York, several types of accidents that involve:
- Motor vehicle accident.
- Slip and fall accident.
- Work accident.
- Doctor’s malpractice.
- Pedestrian and cycling accident.
- Construction accident.
- Dog bite.
If someone has injured you by accident or otherwise, then you are entitled to your damages. But how do you ever go from harm to justice? That is why this guidebook is essential.
Why You Should Hire a Personal Injury Attorney in New York?
Personal injury law ain’t no picnic, it’s a fight. Insurance companies are corporations, and they will do whatever they can to negotiate with you for as small an amount as possible.
Legal jargon on forms and papers is scary. You don’t have to concern yourself with fighting court cases when you are recovering. That is where a personal injury attorney in Richmond Hill can help you as follows:
- Know everything about your case.
- Deal with paperwork and insurance notifications.
- Safeguard your rights aggressively so you are not bullied and harassed into accepting too little money.
- Level the playing field for you against deep-pocket corporations and others.
Step-by-Step: The Personal Injury Claim Process:
Let’s take you through the step-by-step process to potentially finish. Having the steps in your head makes you less anxious about not knowing what to do.
- Step 1: Get Medical Treatment.
Your health is extremely crucial. If there was a crash, go to see the doctor or go to the emergency room. You might not be thinking that you have gotten hurt at first, but don’t delay seeing a doctor.
Your medical history is a cold fact in your claim. It will show not only that you got hurt but also how.
- Step 2: Get a Personal Injury Attorney in New York.
See a personal injury attorney in New York immediately. Almost all personal injury attorneys in Richmond Hill offer free consultations, so you won’t have to pay an out-of-pocket consultation fee to meet and discuss your case at first.
What is the consultation like?
- You tell them how you got hurt.
- Your personal injury attorney in Richmond Hill will request facts from you.
- You will know whether you have a case, and what it would be.
- Step 3: Case Development and Investigation.
If you are committed to pursuing it, your personal injury attorney in New Amsterdam will be launching an investigation. That can include:
- Police reports, accident reports, and witness statements.
- Medical billing, records, and photographs of your injury.
- Evidence from the scene (either security camera video or property records).
- Use professional services, i.e., accident reconstruction experts or doctors.
All of which can provide a very realistic, provable evidence of who was at fault and what happened to you.
- Step 4: Insurance Notifications and Filing Claims.
After your personal injury attorney in New Amsterdam gets into the cycle of your case, then the latter would start sending notifications to all the parties that must be notified; this includes insurance companies. That is indeed part of the course that makes the official ball roll.
What this does for you: Your personal injury attorney in New Amsterdam is the one who they will have to contact, so you will not be receiving phone calls from adjusters or the other parties’ attorneys.
- Step 5: Negotiation With Insurance Companies.
Insurance company adjusters will settle your claim, hopefully, and extend a settlement offer. Usually, the initial offer is not proportional to what they are paying for your needs.
It is your personal injury attorney in New York’s duty to negotiate on your behalf, to reach a proportionate agreement with your actual loss—your medical bills, lost earnings, pain and suffering, etc.
It will largely be take-and-give negotiations.
- Step 6: Suing in Civil Court (If Necessary).
If there isn’t a bargaining table in your favor, your personal injury attorney in Rosedale Queens might propose suing in civil court.
That is a lawsuit that you may not have the opportunity to see go to trial because most lawsuits settle when the suit has been initiated. But what it indicates is that you are serious about being treated equally.
Key facts:
- You usually have three years from the time of injury to file a personal injury suit (although other statutes govern such suits as medical malpractice).
- Your personal injury attorney in Rosedale Queens takes care of all paperwork, deadline, and court appearances.
- Step 7: Discovery and Pre-Trial Process.
This is an information gathering period and parties’ time for exchanging information:
- Subpoenas for documents and evidence are issued by both sides.
- Depositions can be taken (sworn testimony).
- Experts (retained experts, or non-retained experts) might be required to testify.
- Negotiation settlement will typically go unmonitored during this period.
- Step 8: Trial (If It Comes to That).
The overwhelming majority of personal injury cases in New York never go to court, as the cases are settled out of court. But if you are in court, your personal injury attorney in Rosedale Queens is standing before the judge or jury and explaining your story to them. They decide if you get money, and how much money.
- Step 9: Getting Paid.
If your case settles or you win, you will be compensated for your injury. This might include:
- Past and future treatment.
- Disability to work or earn.
- Pain and suffering.
- Permanent harm or disfigurement.
- Out-of-pocket expenses.
What If You Were Partially Responsible? New York’s Pure Comparative Negligence Rule
Sometimes, both parties are at fault. Luckily for us, New York has a “pure comparative negligence” statute. You can still recover if you are partially responsible, but your recovery will be cut proportionally to the amount of fault you had.
Example: Suppose you are 20% at fault in a car accident, and your claim is for 10,000. You would get 8,000.
How Long Does the Process Take?
Personal injury cases in New York can take anywhere from a few months to two years, depending on:
- How complex the case is.
- The extent of injuries you have.
- The level of fault.
- Whether a trial will take place.
Your personal injury attorney in Rosedale Queens will always let you know about all of this.
How Much Legal Help Costs?
Some personal injury attorneys in New York operate on a contingency fee basis. That is, you will not have to pay for attorney’s fees if your attorney cannot recover on your behalf.
The fee will probably be a percentage of your verdict or settlement on your case when successfully won at trial. It will have already been negotiated before you make your filing.
The benefit is that very professional representation can be within everyone’s budget regardless of cost.
In other cases, the fees will vary depending on a couple of factors such as the complexity of the case, the type of services required and lots more.
How to Protect Your Rights If You Have Been in an Accident
- Never give case information or apologize to anyone other than your doctor or attorney.
- Never share accident information on the internet.
- Keep all your injury papers and charges.
- Keep a record of your pain and irritability.
Get help!
Personal injury is daunting, but knowing what the process is will keep your calm. At Gehi and Associates, our personal injury attorneys in New York are your advocate, protector, and guide that you need.
Wise counsel assures you that your rights are protected, your needs met, and your healing process as smooth as can be.
Take the leap of faith—call, ask, and let our professionals guide you through the quicksand of law so that you can move forward to heal. Your life is worth fighting for.
FAQs?
- What should I do immediately after the accident occurred?
Go see the doctor, be cautious, and inform the relevant authorities if necessary. Get regular photographs and get witnesses if somebody witnessed the accident.
- Can I file a personal injury claim in New York at any time?
Yes, but you typically have three years from the time of the accident to make a claim, although there are shorter deadlines on certain claims (e.g., against the government, or cases of malpractice). It is well worth paying the money to have a personal injury attorney in New York immediately.
- How much can I afford to pay for a personal injury attorney in New York?
Yes, most personal injury attorneys in New York accept cases on a contingency basis. You only pay if money comes in on your case.
- What types of damages can I recover?
You can recover medical bills, lost income, pain and suffering, disability, and other related costs of the accident.
- What if I was negligent and I caused the accident?
You can recover damages under comparative negligence, less your percentage of fault.
- How long will it take?
The timeline is not fixed, but your personal injury attorney in New York will go ahead and work up your case as quickly and well as possible.
- Will I have to go to court?
Not usually. Most personal injury cases settle out of court.
