Unfortunately, individuals may sustain injuries due to another person’s negligence. When this occurs, victims are legally entitled to file a claim against that negligent party to recover monetary compensation for their economic and non-economic losses. If you have been injured due to another person’s negligence, don’t hesitate to reach out to a skilled New York City Personal Injury Attorney who can help you recover reasonable damages for your injuries.
What steps should I take to pursue a personal injury lawsuit?
Injured individuals should take certain steps to help them recover fair compensation for their losses. Individuals injured due to negligence should:
Retain the services of a determined personal injury attorney
Injured individuals must consult a personal injury attorney as quickly as possible. Unfortunately, when individuals are injured due to another person’s negligence, that person’s insurance company will try to approach victims and confuse them. They will try to reach a low-ball settlement because victims are not yet fully aware of how much they may be owed for their economic and non-economic losses. Speaking with a personal injury attorney will help individuals maximize their chances of recovering a reasonable settlement.
Investigate
In most states, victims are required to fulfill the burden of proof. This means they are required to prove their injuries were directly caused by negligence. A personal injury attorney will help investigate the cause of the incident and injuries. They will also help victims gather relevant evidence that backs up their claims. This might require them to speak with anyone who witnessed the incident that caused a victim’s injuries.
File a claim
After an attorney has collected enough evidence to prove a victim’s injuries were directly caused by another person’s negligence, they will file a personal injury claim. Depending on the circumstances of the incident, victims may have to file more than one claim as there are multiple negligent parties. Individuals must meet a specific deadline when filing a claim. Typically, individuals have three years from the date of the incident to file a claim. However, depending on the type of personal injury claim individuals may need to file sooner. For instance, for medical malpractice claims individuals have 2.5 years from the date of their injury to file a claim against a negligent healthcare provider. Ultimately, a personal injury attorney can help an individual file a claim within the right timeframe.
Negotiation
Typically, the insurance company will send a settlement offer on behalf of the negligent party to settle the case. A personal injury attorney will suggest either taking the offer or filing a court case. Despite the recommendations a personal injury attorney relays, the decision of taking the offer or filing a court case is completely up to the victim. However, before completely rejecting a settlement offer, an attorney can try to negotiate with the negligent party’s insurance company for a more reasonable settlement.
Litigation
If a settlement cannot be reached outside the courtroom, the case will be deliberated in court. The amount owed for damages will be determined by the judge and jury in a verdict. Before a personal injury case reaches a trial, mediation will be attempted. Essentially, a mediator will try to help individuals reach a mutual agreement on a settlement. If mediation is unsuccessful, the case will go to trial.
If you or someone you love has been injured due to negligence, contact one of our trusted and experienced attorneys. Our dedicated team members are committed to helping clients recover fair compensation for their losses.