The New York injury compensation system can be daunting and confusing, especially if it is your first time. The paperwork and procedures might be too complex for a layperson. It could be even more overwhelming to juggle it with the emotional distress and hospital visits associated with serious injuries.
As you focus on recovery, you need seasoned New York personal injury attorneys who can guide you on what to expect. You are more likely to make empowered decisions if you understand the claim process in New York State. Remember that every case is different, and the possibilities of your lawsuit can be explained when you schedule a legal consultation.
What Can I Expect From a Consultation with a Personal Injury Lawyer?
The first consultation involves the victim giving the accident details, and the New York attorney asking questions to deeply understand what happened. The lawyer will take note of every legally significant fact and use it as the basis to demand compensation.
Seasoned personal injury lawyers in New York will also take their time to explain your case’s weaknesses and strengths. However, the attorneys will break down the strategy they plan to use to minimize the weaknesses and maximize the strengths.
Does the Attorney File the Case Immediately After Consultation?
After explaining what happened, your injury attorney in NYC might not file the personal injury claim right away. They will first visit the area where the accident took place to collect pieces of evidence. Therefore, it is critical to involve a legal expert early when the scene is still intact.
Photos are critical pieces of evidence because they can remain long after the scene has been cleared or destroyed. They will also speak to possible witnesses and seek to find out the property or store owners. This could further guide your lawyer on how to file the injury lawsuit in New York.
What Does Filing a Personal Injury Claim Mean in New York State?
You become an official plaintiff or claimant the day you file a summons and complaint in court. The summons and complaint is the official way to let the defendant and the court know that you suffered significant harm because of another person’s negligence.
It is also a way to communicate the damages you expect to be compensated for. Your children and spouse can also claim the losses they suffered due to the injuries. Experienced personal injury lawyers in New York can help you prepare a list of damages..
What Evidence Should I Have Before Trial?
You might not have all the required pieces of evidence by the time you are filing the complaint, but you can complete this before trial. You could add medical records and reports, inspection reports, insurance policies, and witness statements. Once everything is ready, you will be ready to make a solid claim at the negotiation table or in court.
Note that the defendants and their legal team can demand certain evidence from you, and you can ask them to do the same during the discovery phase. However, you can refuse to hand over the evidence, and the other party can do the same. But if it becomes a subject of dispute, the judge might decide whether the evidence should be turned over to the other party.
What Happens During the Examinations Before Trial (EBT)?
The examinations before the trial date neither happen before a jury nor in court. It is usually conducted in lawyers’ offices, and the testimonies are recorded. At this stage, you could get an idea of the weaknesses and strengths of the defendant’s case. The other side might also realize the strengths and weaknesses in your arguments.
The defendant’s insurance company might want to settle after listening to you at the examinations before trial (EBT). It might also be used in the trial to ensure that the statements made are accurate and consistent. Therefore, you don’t want to mince your words. It is common for injury victims to get nervous about being questioned by lawyers, but your skilled personal injury lawyers in New York can prepare you for what is to come.
At What Point Does Negotiations and Mediation Take Place?
Mediation or negotiations can be conducted at any stage of a personal injury case. Mediation can be scheduled by the court handling your case, or you and the other party can agree to schedule one with a private mediation company. Your New York attorney will only participate in negotiations or mediation engagements that are non-binding.
The goal is to ensure that you only get the best deal out of the negotiations or mediation. So, anything less than what you deserve might not be accepted. The strengths and weaknesses of your case could guide the decisions on the offers to accept and those to reject.
What Happens in a Personal Injury Trial?
The jury in a personal injury trial consists of ordinary citizens hearing about the incident and its effects on you. Make sure to explain how the event damaged you psychologically and physically and how the effects might linger in the future.
Other people that could also testify include accident reconstruction scientists, medical specialists, witnesses, and experts in planning lifetime medical requirements. The aim is to convince the jury that you are legally entitled to win the case and get the maximum compensation award. However, the jury’s verdict can be overturned by an appeal that might reduce or increase your compensation.
Experienced Injury Legal Representatives Helping People in New York City
Following the proper legal procedure when pursuing a personal injury claim in New York State is critical. You might have to file all over again and incur more costs if you get it wrong.
Do not hesitate seeking help and guidance when you aren’t too sure. Our lawyers have been representing injury clients for over three decades and are conversant with the procedures. Speak to us today to begin the first step to the compensation that you deserve.