Many people are fortunate in life to never be involved in any sort of legal issue. However, if you are hurt in a car crash or another type of accident, then it may be necessary to file a personal injury lawsuit. Through this type of claim, you can recover financial compensation for your medical expenses, lost wages, pain and suffering, and other losses.
The process starts with a consultation with a personal injury attorney. If you decide to move forward, then your lawyer will send a demand letter to the at-fault party’s insurance company. It is often necessary to file a formal lawsuit to continue negotiations, although most personal injury lawsuits are resolved outside of court.
Based in Melville, The Odierno Law Firm represents injury victims throughout Long Island. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out today to schedule an appointment with a Long Island personal injury attorney.
The Accident Happens
A number of different accidents can lead to a personal injury claim, such as:
- Pedestrian accidents
- Wrongful death
- Car accidents
- Dog bites
- Construction accidents
- Workplace injuries
- Bicycle crashes
- Motorcycle accidents
- Slip and falls
- Bus accidents
- Train accidents
If you have been hurt in this or another type of accident, then you may be able to pursue financial compensation from the at-fault party.
After the accident, if you are able to do so, you should gather as much information as possible. This may include taking photos and videos of the scene, getting contact information from the at-fault party and witnesses, and filing a police report if necessary.
If you have suffered any type of injury, then you should seek medical treatment as soon as possible. Getting care right away can help to ensure that you get the proper diagnosis. It is also a good way to establish a link between your injuries and the accident.
In the days and weeks following your accident, an adjuster for the insurance company may reach out to you. They may ask you to give a statement or to sign some paperwork. Remember that the insurance company isn’t on your side – and don’t say or sign anything until you have had a chance to talk to a lawyer.
Consulting with a Personal Injury Attorney
The next step in the personal injury claim process is to consult with a Long Island personal injury lawyer. These law firms typically offer free consultations. This means that there is no risk in setting up an appointment to get some legal advice.
During this consultation, you will get an opportunity to tell your story. Your attorney will listen, and then offer you advice on your legal rights and options. They may also give you a ballpark estimate of the value of your claim.
This appointment also gives you the chance to ask questions to make sure that you are hiring a personal injury law firm that will help you get the money that you deserve. You can ask things about the types of cases that they handle, their case results, and even what their fee arrangement is. It is important that you are comfortable with whoever you choose to represent you in this matter.
Investigating and Sending a Demand Letter
Once you have hired a personal injury attorney, they will get to work right away to investigate your claim. This can involve everything from gathering medical records to requesting accident reports to interviewing witnesses. At the same time, they will research New York law to put together the strongest possible claim for compensation.
After your lawyer has finished investigating the case, they will draft a demand letter. This letter is sent to the responsible party’s insurance company. It contains three key components: the facts of the claim (what happened), why their insured is legally responsible for your losses, and a demand for damages (compensation).
At this point, the insurer may respond with a counteroffer. This begins the negotiation process. In cases where liability is clear, a settlement may be achieved within just a few months.
However, there are many situations where the insurance company may contest some aspect of your case, whether it is the extent of your injuries or the fault of their insured. In this situation, it may be necessary to file a personal injury lawsuit in order to continue negotiations.
Filing a Personal Injury Lawsuit
In New York, there is a 3-year statute of limitations for most personal injury claims. This means that you typically have 3 years from the date of the accident to file a lawsuit. If you don’t file a claim within this period of time, then your claim may be barred entirely.
Filing a lawsuit does not mean that your case will go to trial. The majority of personal injury cases – approximately 97% – are resolved outside of court. However, it is often necessary to file a lawsuit to protect your rights and ensure that you can go to court if necessary.
Once a lawsuit has been filed, then the pretrial process – including the discovery phase – begins. Discovery is the part of a lawsuit where the parties exchange information. It can take many different forms, including:
- Requests for admission: written requests for the other party to admit or deny something.
- Requests for production: written requests for the other party to produce documents and other evidence
- Interrogatories: written questions
- Depositions: oral testimony that is sworn and recorded.
Unless there is a legal basis for objecting, both sides must generally answer discovery requests. Your personal injury attorney will advise you on your rights during this phase of personal injury litigation.
The information learned in discovery can often help settlement negotiations. For example, if discovery reveals that the at-fault driver in a car accident was texting while driving, then it may encourage the insurer to settle the claim. Your lawyer will keep you updated about the status of your legal claims throughout the personal injury claim process.
Trial
As noted above, most personal injury cases are resolved outside of court. However, if a fair settlement agreement cannot be achieved, then it may be necessary to go to trial to get the compensation that you deserve. Settlement negotiations often continue up to the eve of trial, so it is still possible that your case will settle even if a trial date has been set.
During a personal injury trial, each party will have an opportunity to make arguments, question witnesses, and introduce evidence. Your Long Island personal injury lawyer will then ask a jury to return a verdict in your favor. Once a verdict has been returned, you may be able to file an appeal if you disagree with all or part of the decision.
Going to trial can be incredibly stressful, but it is sometimes necessary. Having an experienced personal injury attorney on your side can increase the odds of getting a fair settlement. When an insurer knows that your lawyer is ready and able to take the insurance claim to trial – and win – they are more likely to want to resolve the case outside of court.
How Our Law Firm Can Help
For most people, the thought of filing a lawsuit may seem daunting. Yet pursuing legal action is often necessary for an injury victim to get the compensation that they deserve for their losses. If you have been hurt in any type of accident, our law offices are here for you.
The Odierno Law Firm will stand by your side throughout the personal injury claims process, from the initial appointment to a final resolution. We handle all cases on a contingency fee agreement, so you never pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a Long Island personal injury attorney, give our law office a call at 631-994-1802 or fill out our online contact form.
How Long Will My Personal Injury Case Take to Resolve?
It depends. Many personal injury claims can be settled within just a few months if liability is clear and the insurance company does not contest it. However, if your case goes to trial, it can often take a year or longer to resolve your claim.
A seasoned Long Island personal injury lawyer will keep you updated on your case progress and will let you know what to expect. Reach out to The Odierno Law Firm today to schedule a free initial consultation with a member of our legal team.
Do I Really Need a Lawyer for a Personal Injury Case?
You are not required to have an attorney in order to file a claim with an at-fault party’s insurance company. However, it is usually a good idea to have legal representation to ensure that you get maximum compensation for your losses.
The insurance company is in business to make money, not to make sure that injury victims get the money that they deserve for their injuries. The best way to get top dollar for your claim is by working with a Long Island personal injury lawyer. Call The Odierno Law Firm today to set up a free consultation.
