In New York, a personal injury lawsuit can be a convoluted and protracted affair. If you’ve been harmed through the negligence of another, whether in a car accident, medical malpractice, a slip and fall, or some other form of negligence, it stands to reason you would want to file a suit against those responsible.
But what might that entail? The personal injury experts at Newman, Anzalone & Newman in New York offer an inside look at the process and some of the important factors to consider.
Consulting an Attorney
It’s wise to consult a personal injury attorney before you file a lawsuit. An injury lawyer can evaluate your case’s strength, advise you on the range of legal actions you might take, and help you assess what your claim might be worth.
Most personal injury attorneys in New York work for a contingent fee. You pay them nothing unless and until they win your case.
Investigating the Claim
It is your attorney’s job to assemble the evidence that will support your claim. This will include persuasive items such as your medical records and clear statements from witnesses who were present during the events in question.
It will also involve making sense of some less-than-clear documents, like accident reports. Without legal professionals like the ones at Newman, Anzalone & Newman in New York, you’ll be left to of all of this work on your own.
Filing the Lawsuit
When negotiations fail and no settlement can be reached, your lawyer will file an official suit in a New York court. The suit starts with a complaint that tells the court what you are accusing the defendant of and what damages you feel you are owed. After the suit is filed, the defendant has to be found and served with the legal papers.
Pre-Trial Proceedings
Once the lawsuit has been lodged, the two parties engage in discovery. This part of the process is concerned with the exchange of evidence. But it is much more complicated and time-consuming than just exchanging documents and paperwork.
On average, depositions take about seven months to conduct, but they might extend over several years if the case is especially convoluted or involves many people.
Settlement Negotiations
In New York, the majority of personal injury claims are settled without going to trial. Settlement talks can happen at any point in time, and your lawyer will be discussing settlement with the defendant’s lawyers or with the insurance company on your behalf.
If a settlement can be reached that is fair and reasonable, you will get paid, and your case will be closed.
The Trial Process
If settlement negotiations break down the case moves forward to trial. At the trial, both parties put forth their evidence, summon their witnesses, and present their legal arguments. The judge or jury must then ascertain liability and damages.
Trials can be unstable and protracted, necessitating strong legal representation. And depending on the outcome, either the defendant or plaintiff might appeal.
Newman, Anzalone & Newman in New York Know the Ins and Outs of Personal Injury Law
You can expect a variety of stages when you file a personal injury lawsuit in New York. From the initial consultation through to an endpoint that might involve a trial and appeals. Knowing and understanding the process helps you to set the proper expectations to guide you the entire legal ordeal.
