Being involved in an accident that leaves you injured and having to file a personal injury lawsuit to recover your losses is a lot to deal with. It can cause you anxiety and worry.
For most of us, filing a New York personal injury lawsuit is uncharted territory. You are unfamiliar with how the process works or what to expect. Below are a few things you should know before even thinking about filing a personal injury lawsuit in New York.
Our knowledgeable legal team is aware that the idea of a lawsuit might be intimidating. This is why we are patient with our clients and pride ourselves on providing great customer care. Brandon J. Broderick, Attorney at Law, will guide you through the entire process.
Proving Negligence Is Essential To Winning Your Lawsuit
You must establish negligence in any personal injury lawsuit, whether it's a slip and fall, a car accident, or a work injury. Even if you suffered severe injuries, proving negligence is key to successfully winning your case.
Four aspects of negligence must be proven:
- the defendant owed you a duty of care
- the defendant breached that duty
- the defendant's breach of duty resulted in your injuries
- your injuries resulted in financial losses
It's also possible there is more than one defendant. In some cases, you could still be able to recover damages even if you contributed in part to the accident. You will typically need to show that someone else was at least partially to blame for your injuries. Negligence might be fairly simple to understand, but it can also be more complex than it initially appears to be. You can determine whether you have a strong case by discussing the specifics of what happened with an experienced NY personal injury lawyer.
Know The Statute of Limitations
You may be able to sue another person or business for your losses if they are liable for your injuries in an accident due to negligence, but it's important to realize you do have a limited amount of time to file a claim. This is called the statute of limitations.
Every type of litigation has a separate statute of limitations, but in New York, the personal injury statute of limitations is typically three years from the date of the accident or the day the condition was diagnosed. If you try to file a personal injury claim more than three years after your injuries were discovered, the case will probably be dismissed because the statute of limitations has passed.
The statute of limitations can affect your negotiations with the insurance company of the person or business that injured you. The insurance provider of the negligent party may decline to negotiate with you if the statute of limitations has run out since they are aware that you cannot sue them.
Ways To Collect Compensation
You can win a New York personal injury case in one of two ways: through settlement or by verdict. Before the matter is settled at a trial, both sides might negotiate a fair settlement that all parties agree to. That can happen up until the jury is deliberating and even before you file a case. The majority of injury claims and court cases are resolved out of court.
You want to retain a personal injury attorney with trial expertise because there is a small chance your case may end up in court.
Do I Need to Hire a Personal Injury Attorney?
There is no legal requirement that says you need legal representation when filing a personal injury claim. However, working with a skilled personal injury lawyer can have a significant impact on how your case turns out. Why take a chance by filing a claim on your own? You don't have to pay anything upfront to retain an NY personal injury attorney from Brandon J. Broderick, Attorney at Law. We only get paid if we win your case, as we work on a contingency basis.
Schedule a free consultation with our team and let us help make sense of this setback.