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What Is the Process for a Personal Injury Case in New York?


If you were involved in some type of accident that was caused by someone else’s negligence, you could have a personal injury case on your hands. You may not know too much about filing a lawsuit against someone else or the amount of time it takes to receive compensation after going through the legal process. In many instances, a settlement is reached before the lawsuit goes to the courtroom. Even so, there are times when cases do go to court because the victim does not agree with the settlement offer or the defendant is not willing to settle. Below, we outline the process for a personal injury case in New York and how an experienced attorney can help.

Receive Medical Care

The process begins with receiving medical care for your injuries. You need to know what is wrong with you and what types of treatments you might need to improve your condition. Depending on your injuries, you may need surgery, pain medication, or even physical therapy to help you overcome what you have been through. Your health is a top priority. If you do not take the time to receive medical care, it may be challenging to prove that you are entitled to compensation in the future.

Talk to an Attorney

After you receive medical care, you need to talk to a personal injury attorney. Your attorney is going to need to ask you many questions, including how your injuries occurred, how the injuries impacted your life, and what types of damages you have endured from the accident. If you plan to file a lawsuit, it’s important to have a personal injury attorney helping you with the legal steps involved. You do not want to handle this process on your own.

Investigation Process

Once you have hired a personal injury attorney, he or she will start the investigation process. There is a lot of work that goes into investigating the situation. Your attorney will need to review your medical records, go over any accident reports or police reports that were filed, and collect any other evidence that works in favor of your side of the story. The purpose of performing the investigation is to help the attorney build a case against the defendant who caused the accident that led to your countless injuries.

Negotiation Process

When the evidence from the investigation is presented to the defendant’s attorney, negotiations may begin. The defendant may offer to pay an ideal amount of compensation due to the extensive injuries and the pain and suffering. However, this is not always the case. If negotiations do not work out in your favor and you feel like you are entitled to more compensation than what is offered to you, the lawsuit gets filed and goes to court. The case may need to go to trial where a judge will ultimately get the final say over the situation. Most defendants do want to avoid this and are willing to work something out during mediation sessions, but it all depends on the case. Each case is different.

There is a step-by-step process that must be followed when someone is injured in an accident caused by someone else’s negligence. If this has happened to you, it’s important to talk with a personal injury attorney to help you get through this legal process.

Contact a New York City Personal Injury Lawyer to Discuss Your Accident Case in New York

Did you or a loved one sustain serious injuries due to an accident in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. Proner & Proner represents clients injured because of accidents in Queens, the Bronx, Manhattan, Brooklyn, and throughout New York. Call 212-500-1003 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503 in New York, as well as offices in Queens, Brooklyn, the Bronx, and Bethel, Connecticut.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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