Personal Injury Law: Understanding the Legal Process

Personal Injury Law: Understanding the Legal Process

A serious accident can change your life in the blink of an eye. You may be hurt physically, drained emotionally, and struggling financially. Under New York personal injury law, if you were hurt due to the negligent or careless acts of another person or entity, you may be able to seek compensation for all you have gone through.

Personal injury laws can be complicated. Reasonably, in the aftermath of a severe accident, you may feel confused and overwhelmed by the legal process involved in filing a personal injury claim or lawsuit. That being said, legal resources are available to help you attain the restitution you deserve.

Below, we will discuss various aspects and key elements of personal injury law and the types of claims that are typically involved. Then, we will consider the legal process for resolving such claims.

What Is Personal Injury Law?

“Personal injury” is a legal term that describes a physical or psychological injury. Personal injury law, also called tort law, establishes your rights when you are harmed by someone else.

Under this area of the law, you have the right to pursue a legal claim against the person, company, or entity responsible for your injury. Personal injury laws govern what constitutes grounds for legal action and who can be held responsible for your losses; it also dictates what must be proven to win your personal injury case and what damages you may be entitled to if your claim is successful.

Personal injury claims and civil lawsuits can stem from a wide variety of scenarios and incidents. While the circumstances in each case may be different, certain steps must be taken to resolve any personal injury claim in your favor.

Common Causes of Personal Injury Claims

Personal injury claims frequently arise from accidents that result in bodily harm. A severe injury can negatively impact your life for the foreseeable future.

Accidents that oftentimes result in personal injury claims or lawsuits based on bodily injury include:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Bicycle accidents
• Pedestrian accidents
• Subway accidents
• Slip-and-fall accidents
• Workplace accidents
• Construction site accidents
• Product defect accidents
• Medical malpractice
• Nursing home abuse
• Premises liability
• Animal bites
• Assault
• Wrongful death

In other instances, personal injury claims may arise from non-bodily harm, such as:

• Intentional infliction of emotional distress
• False detention, arrest, or imprisonment
• Police misconduct
• Malicious prosecution
• Invasion of privacy
• Defamation

Accidents resulting in physical or psychological trauma can be devastating. This is no time to go it alone. It is wise to consult a well-practiced personal injury lawyer as soon as possible after the incident. The right attorney can help you get your life back on track after an injury accident.

The Importance of Proving Negligence in a Personal Injury Case

Proving negligence is an essential element of the legal process in nearly all personal injury cases. The basis for liability under negligence stems from an individual’s failure to act with the same level of care that a reasonable person would have exercised under the same circumstances.

You may bring a personal injury claim if you believe that another party failed to exercise a reasonable degree of care, thus causing an accident that resulted in your harm.

Establishing negligence in a typical personal injury case generally involves proving these 4 elements:

• The defendant owed the injured victim a duty of care: You must be able to show that the other party had a legal obligation to take reasonable care to prevent harm to others.

• The defendant breached this duty of care: By a negligent or reckless act, the defendant failed to uphold his or her legal duty.

• The defendant’s breach of care caused the other party’s injuries: The victim would not have been hurt if it had not been for the defendant’s actions or failure to act.

• The victim’s injuries resulted in actual damages: The injured party sustained considerable losses as a result of the accident. Damages can include physical injuries, medical expenses, lost wages, and pain and suffering.

Proving fault and negligence after a serious accident is not always a straightforward process. In some injury cases, the fault may be attributed to multiple people or parties. Nevertheless, identifying the at-fault party is one of the foremost steps in a personal injury claim.

If you have sustained a severe injury, it is in your best interest to consult an experienced personal injury lawyer. He or she can analyze the circumstances of your accident and help you identify who was responsible. Your attorney can then advise you on the best course of action to pursue fair compensation for your injuries.

The Legal Process of a Personal Injury Claim

The process of litigating personal injury cases involves multiple phases. Each of these steps is important in obtaining fair compensation for a personal injury claim. Most of these steps are best taken with the assistance of a knowledgeable personal injury attorney.

Seek prompt medical attention

The actions you take immediately after your injury accident can significantly impact the strength of your claim. Once you have been hurt, it is critical to have a medical evaluation done as soon as possible. Addressing your injuries right away can help to ensure a better long-term prognosis, as well as document the gravity of what happened.

Medical treatment and expenses account for a significant part of the compensation amount commonly awarded in personal injury cases. It is important to have detailed medical records documenting the severity of your injuries from the outset.

Furthermore, if you fail to see a medical provider for some time after the accident, filing an injury claim with the at-fault party’s insurance company may become more difficult. The insurance adjuster could allege that your injuries are not that serious or even made up.

Speak with a personal injury attorney

Any time someone else might be legally responsible for your accident, discussing your situation with an experienced personal injury attorney as soon as possible after the incident is a good idea. Taking this step may require some effort on your part. However, retaining capable legal representation can give you the confidence to pursue your legal remedies for restitution.

Your lawyer will be able to examine the evidence and evaluate the strength of your claim. He or she can help you navigate the legal system and advise you on the best steps to take to attain maximum monetary compensation for your pain and suffering.

Begin an investigation into the incident

Once you retain a lawyer, he or she will begin an independent investigation into the injury accident on your behalf. In this way, the facts of your case can be firmly established. This lays a strong foundation for a successful personal injury suit moving forward.

Your lawyer’s legal team will likely examine any physical evidence from the scene of the accident, as well as review police or accident reports and your medical records. They will also interview any eyewitnesses to the incident who may be able to testify to how the accident occurred.

At times, an experienced attorney will hire an investigator or consult expert witnesses as part of the investigation process. Such professionals can help secure valuable evidence and address complex issues in order to strengthen your injury claim.

Send a demand letter to all liable parties

Once your lawyer has determined the facts of your case, he or she will send a demand letter to the other side’s attorney or insurance company. This notifies the other party that you intend to hold them accountable for your personal injuries and how much compensation you are seeking.

Once the initial demand has been made, the defendant’s lawyer or insurance company will generally respond with their own counteroffer. At this stage of the legal process, extensive back-and-forth negotiations may occur between the parties involved before the injury claim is resolved.

It is not uncommon for the insurance company to pressure you into accepting a lowball offer that will not meet your long-term financial needs. If an amicable and fair settlement agreement can not be reached, the injury case will move into the litigation phase.

File a personal injury lawsuit

The litigation process begins when you and your personal injury lawyer file a civil lawsuit in court. The other party will be notified that you are taking legal action against them.

Under New York law, you have a limited amount of time in which you can pursue legal action in a personal injury case. The statute of limitations may differ depending on the exact circumstances of your accident. Your injury lawyer can ensure no important deadlines are missed as you move forward with your claim.

Complete the discovery phase

The discovery phase of a personal injury lawsuit is when each party investigates what the other side’s legal claims and defenses are. During this time, each party may be asked to respond to questions while under oath.

During the pre-trial period, the defendant and plaintiff will request to see paperwork, accident reports, medical records, and other evidence, such as pictures and physical objects related to the case.

Additionally, the discovery phase is when your attorney will investigate any disputed facts in your claim. He or she can also file pre-trial motions during this phase of the legal process. For example, your lawyer may petition to throw out evidence that is irrelevant to your case.

Settlement negotiations and mediation

In an attempt to avoid an expensive, stressful, and potentially lengthy court trial, the majority of personal injury lawsuits are settled outside of court. Lawyers will often use the mediation process to negotiate an acceptable and fair settlement agreement.

In mediation, the parties involved in the dispute sit down with a neutral third person who is trained to help people come to a mutually satisfactory solution to their conflict. Through such proceedings, the plaintiff and the defendant retain more control of the outcome of the case, rather than leaving it in the hands of a judge or jury.

Take the personal injury case to trial

At times, negotiation and mediation attempts are unsuccessful and the parties involved can not reach a reasonable settlement agreement. In this event, your injury attorney will use the data and evidence collected throughout the legal process to argue your case at trial.

Reach Out to Empathetic New York Personal Injury Attorneys for Assistance

A serious injury can leave you with chronic pain, lost income, and mounting medical bills. What if you are now suffering because of another person’s negligence or reckless act? You have the right to sue for proper compensation under New York’s personal injury laws.

Understandably, in the wake of a terrible accident, the idea of filing an insurance claim or personal injury lawsuit may seem an impossible feat. Please rest assured that you do not need to go through this difficult period alone.

The team of personal injury attorneys at the New York law firm of Hill & Moin have dedicated their careers to helping people like you. When we take your case, we will be by your side throughout every phase of the legal process. Our respectful and compassionate personal injury lawyers do all in their power to help each client regain his or her quality of life after an accident.

Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call Hill & Moin today at (212) 668-6000 or complete our online form for a free case evaluation. Every injured person deserves a voice, and we want to hear your story.

Don’t wonder about your rights!