Many clients who contact an attorney about an accident have questions and concerns about the legal process they are about to undertake. Filing a legal claim after an accident is complex. Depending on the nature of your claim, various rules, deadlines, and laws may affect your case. During this process, victims are often struggling to recover from serious injuries.
At Arye, Lustig & Sassower, P.C., our New York attorneys are familiar with the personal injury claims process. We have handled serious personal injury claims, including construction accidents, motor vehicle accidents, and other types of accidents for decades. We can assess whether a personal injury claim is appropriate in your case and explain each step of the process.
If you have been injured in an accident, your first step is to report the accident and obtain medical care. That’s true whether you have been injured in a construction site accident and need to notify your supervisor or in a car accident and need to notify the appropriate insurance company. In your initial report, it is essential to describe accurately how your accident occurred and to state all of your injuries. You should contact a lawyer as soon as possible after the accident. An attorney can help you avoid saying something inaccurate.
You should also begin collecting evidence, including photographs of the accident site, contact information for witnesses, and other helpful information.
A personal injury attorney will assess your case to determine whether you have a claim for damages. An experienced legal team will evaluate your medical files and may visit the accident site or work with an accident reconstructionist to assess your claim. They will also consider your damages, including medical expenses, lost wages, and property damage.
Your lawyer can assess your case to determine whether you have a claim, how much it may be worth, and the best strategy for proceeding.
Your lawyer must be aware of deadlines and statutes of limitations for filing legal claims. Some cases involving city or state governments require a Notice of Claim to be filed within a specific time, often as soon as 90 days.
Most claims for accidents or injuries do not reach a court trial. Your attorney will negotiate a settlement with the person or entity that caused the accident or the insurance company responsible for paying the claim. Sometimes, this settlement may be reached without ever filing a lawsuit. Your attorney must file a lawsuit against the responsible parties in many others.
Some cases will require a trial. Since we cannot know in advance whether any claim can be settled without a problem or whether a trial will be necessary, we prepare all our cases as if they will go to trial. That helps us obtain better settlements for our clients and better jury verdicts if a trial is required.
Your attorney will file a complaint with the court to initiate the lawsuit. The court will issue a summons to the defendant or defendants. As the case proceeds, both sides will interview witnesses, request documents, and participate in other discovery activities. A settlement may be reached during negotiations or pretrial hearings. If a case cannot be reasonably settled, your case may proceed to trial.
The length of time and specific process will depend on the type of accident, the defendants involved, and the case facts. Some cases settle quickly, while others require lengthy litigation to resolve.
Our attorneys can protect your rights and help you pursue the money damages you need. Call 800-574-4LAW or contact us online.
Attorney Advertising | Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.