Your Ultimate Guide to the Personal Injury Lawsuit Process

Personal injury lawsuits are surprisingly common and yield huge settlements. In fact, the New Jersey state government paid out almost $120 million in personal injury lawsuits last year.

On the other hand, the state recovered nearly $150 million by winning personal injury lawsuits. Clearly, this is a large and impactful sector of the legal industry.

These lawsuits are an effective way for victims to obtain financial justice after a devastating injury. However, there is a burden on the victim to prove negligence or wrongdoing before securing a victory.

Read on to learn more about the personal injury lawsuit process. Explore this comprehensive guide to the process and what to expect.

First Step in the Personal Injury Lawsuit Process

Unfortunately, the first step in the personal injury lawsuit process is an accident. It is important that you understand the process begins here.

Your general awareness will help win your lawsuit and collect an adequate settlement. If physically able, collect any helpful evidence from the scene of the accident.

Anything that demonstrates negligence or wrongdoing occurred improves your odds of success. If you are unable to do so, see if a family member can help. Photographs, videos, and documents are all useful.

Obtain Medical Treatment

If you are injured, make sure to accept and receive medical treatment. Most importantly, you want to make sure to receive proper diagnosis and treatment.

Sometimes, major issues are not evident immediately after the accident. Instead, these injuries or ailments manifest over time.

From a legal perspective, denying treatment at the scene of the accident is a mistake. Opposing lawyers in a personal injury trial will seek to exploit this fact.

Finally, take care to save receipts and bills from all medical treatment that you receive. Your legal team will seek to recoup these expenses during the personal injury lawsuit process.

Hire a Law Firm That Specializes in Personal Injuries

Once you are healthy, it is time to seek out professional assistance. Start off by asking friends and family for a legal referral. Next, perform internet research to find reputable personal injury attorneys with many recent victories.

Once you narrow the list down, schedule a consultation with a law firm. Here, a personal injury attorney informs you whether the case has any merit. This will also be an opportunity for you to ask any questions about the personal injury lawsuit process.

The lawyer is likely to ask you for specifics about the accident. This is the perfect time to share any collected evidence and medical bills that are due.

Lastly, you can review the attorney’s fees. Some personal injury attorneys only collect a fee when a financial settlement is received.

Pre-Court Negotiation

In some cases, your attorney will seek to settle the case without going to court. This is typically accomplished via a letter to the negligent person or entity’s insurance company or attorney.

Here, the case is made against the responsible party. Your attorney also includes a specific demand for financial retribution. If this demand is met or acceptable counteroffer made, the settlement does not necessarily need to go to trial.

File Court Documents

Once you select a personal injury attorney, it is time to serve a formal complaint to the court. In these court documents, you will officially name a defendant and why it is believed they are liable for the injury.

The opposing attorney can submit court documents as well. Sometimes, the defendant’s attorney will submit a motion to dismiss. This means they are asking a judge to stop the process.

Now it is time to get strapped in for the long haul. It can take up to two years to reach the trial phase of the personal injury lawsuit process.

Discovery Process

The discovery process takes place before a lawsuit goes to trial. This is where the attorneys for the plaintiff and defendant request information from each other.

The intent is to establish the facts of the case before going to trial. In some cases, the attorneys request copies of important documents. This may include medical or accident reports, copies of bills, and other pertinent information. Attorneys may also submit sworn depositions from any witnesses of the accident.

The discovery process is one of the reasons that it takes so long to get to trial. It can take up to one year to complete the discovery process. This timeframe depends on several factors including how complex the case is and what deadlines the court mandates.

Negotiation and Mediation

Before the trial is underway, there is another opportunity for settlement. Now that the facts of the case have been established, the two attorneys can start negotiating a settlement.

At first, negotiation takes place between the attorneys for the plaintiff and defendant. If talks stall, the attorneys may elect to enter mediation.

Here, a neutral arbiter tries to help the two parties reach a deal. In many cases, mediation helps the two parties arrive at a fair settlement for both parties.

Trial

In the event that mediation fails, it is time to present the merit of the case before a judge. The duration of the trial varies depending on the complexity of the case.

Do witnesses need to be called? Does any new evidence come to light during the trial? Does the judge require additional time to review important documents?

The Final Steps

Once you reach the trial phase, the personal injury lawsuit process is near completion. Now, the judge will rule on the case and determine what type of settlement you receive, if any.

The next step depends on whether you win or lose. If you are victorious, the subsequent move is to collect the settlement. If the judge hands down a losing verdict, the only option is to file an appeal.

A Recap of the Process

The New York personal injury lawsuit process is long and daunting. The process typically does not begin until you are fully recovered from your injuries.

Then, steps like discovery and settlement talks take well over a year. If you want to learn more about the personal injury lawsuit process, contact us for assistance.

Contact our Firm Now.  We Are Here To Assist You.

Have you or a loved-one suffered personal injury as a result of another party's negligence?  Our high-profile personal injury lawyers can help you with your case.

We are here to assist you with finding the right personal injury attorney in New York, New Jersey, Pennsylvania, or Connecticut for your case. Contact us now for a free consultation.


Mistakes That Can Ruin Your Car Accident Lawsuit

Every year about 2.35 million people suffer injuries or disability from car accidents. While it's difficult to recover from your injuries, filing a car accident lawsuit can help you obtain some relief.

In many cases, plaintiffs are eligible for a higher monetary relief than the amount the court awards. Certain common mistakes plaintiffs make along the way harm their settlement amount and case outcome.

Don't know what mistakes you should avoid at all costs? We'll tell you what common mistakes may harm your auto accident recovery. Keep reading to learn how to get the most relief from your auto injury nightmare.

Car Accident Lawsuit Mistakes You Should Avoid at All Costs

You might've heard car accident settlement stories about how plaintiffs should've received a higher monetary relief or a better outcome. All car injury cases come down to how your attorney can evidence the extent of your injury in court.

It all starts with documenting your accident the right way. If you don't, you may miss out on a larger monetary relief or lose your case.

Don't know how you may miss the mark before and during your accident lawsuit? Here are the most common mistakes you should avoid to obtain the best outcome in your New York auto accident lawsuit.

1. Not Reporting Your Accident to the Police

While you might want to leave the scene of your accident as soon as possible, you must meet the accident reporting requirements in your state. In New York, if your crash caused an injury to a person, you must file a police report as soon as possible. If it only caused property damage, you will only have to file a report on the spot if the owner of the property is at the scene.

Still, this state requires all parties to file an MV 104 form with the NY DMV no more than 10 days after the accident. In states such as New Jersey and Pennsylvania, you must report your accident immediately according to their laws.

In Pennsylvania, the only exemption to this rule is when law enforcement can't arrive at the scene. In this case, all parties must file an AA-600 form within 5 days of the accident. Keep in mind that you should describe your accident as best as you can when reporting the incident. 

2. Forgetting to Exchange Your Contact Information with Other Parties

You may think exchanging your contact information with the other parties is enough. Yet, you should also exchange your information with any witnesses present at the scene. When your case goes to court, your attorney will interview these witnesses to verify and confirm details about your auto accident.

3. Not Getting Medical Treatment

Medical treatment for any condition can be expensive. Yet, not seeing a doctor after you suffer an auto accident can limit your relief.

It's important to visit your doctor and get your injuries treated after the event. Your attorney will use your medical record as evidence to obtain a better deal in your case.

Make sure you follow your doctor's instructions. If you don't follow the suggested treatments, the other parties can use it against you in court.

4. Providing Unnecessary Information to Your Insurance Company

Many plaintiffs think that overselling what happened is the best way to obtain the best monetary relief. Yet, you should provide your insurance company an honest account of the events. Aim to describe the situation as best as you can.

Keep in mind that your insurance company may verify your account of the auto accident. Also, your attorney or other parties may request and submit your insurer's report as evidence. At the end of the day, you don't want your words being used against you.

5. Not Taking Pictures When You Suffered the Accident and After

Taking photos of the accident scene is the first step to obtaining the best outcome in your case. Yet, that isn't the only time when you should document your accident.

It's recommended that you take photos of any injuries you suffer and your rehab. Also, you should document the damage to your vehicle and any other damages you suffered.

6. Saying Too Much

Believe it or not, jurors, witnesses, attorneys, and other parties will try to contact you during your case. Many plaintiffs make the mistake of chatting with them about the case.

You shouldn't talk to anyone related to the case. If you receive a call from any party, you should ask them to contact your attorney.

7. Filling Out Your No-Fault Forms Incorrectly

Jurisdictions such as New York, New Jersey, and Pennsylvania have no-fault auto insurance laws. These laws may put a dent on your relief options. These jurisdictions allow plaintiffs to file an accident claim if the damages and suffering meet certain conditions.

Nursing care and other services may require you to submit these no-fault forms for payment or reimbursement. Before submitting any forms, it's recommended that you consult an attorney. You want to make sure you don't make any mistakes when submitting these documents.

8. Not Hiring an Experienced Injury Lawyer

While obtaining the best outcome in your case depends on your evidence, you need the right lawyer in your corner. Hiring an experienced car injury attorney can make the difference between receiving the relief you deserve or losing your case.

An experienced injury attorney will help you navigate your lawsuit and advise you in matters such as the applicable statute of limitations. While New York, New Jersey, and Pennsylvania follow no-fault insurance laws. The statute of limitations may void your lawsuit filing.

In the state of New York, you have 3 years after your accident to file your lawsuit. In New Jersey and Pennsylvania, there's a limit of 2 years to file your lawsuit after your accident. Yet, these limits may vary depending on your case.

An experienced attorney can advise on your lawsuit filing and approach to obtain the best outcome. It's recommended that you search for experienced auto accident attorneys in your area.

Can You Obtain the Best Outcome in Your Auto Accident Lawsuit?

You can obtain the best outcome in your car accident lawsuit. It will come down to avoiding any mistakes and hiring the right lawyer for the job.

The best lawyer will take the time to learn more about your case and offer different options. At Find Injury Law, you have access to one of the largest injury attorney networks to find the right professional for your case.

Want to obtain the best outcome or settlement in your auto accident lawsuit? We can connect you with the most qualified injury law attorneys. Contact us today to obtain the highest monetary relief in your case.

We can Help You With Finding the Best Lawyer For Your Case. Call Us Now To Get Started.

Have you or a loved one been injured from a slip-and-fall accident? An experienced injury lawyer will help you win your case. 

We are here to assist you with finding the right injury lawyer. We have over 30 years of experience.

Our service is offered to the general public nationally, and specifically in New York, New Jersey, Pennsylvania, and Connecticut.

Contact us now for a free consultation.


Spare tire flies off truck, causing fatal accident

A truck driver may be behind the wheel when an accident takes place but not all situations are under their control. When the accident is not caused by negligence but rather with the vehicle's maintenance, then the trucking company may also be responsible for the injuries and destruction caused. It is the company's duty to ensure that the truck driver not only drives responsibly but is also given a vehicle that is properly maintained.

When a truck is not driven or maintained properly, it could be equal to a deadly weapon. Its mass and weight make it a force to be reckoned with if it is not driven correctly. It doesn't help that the majority of other vehicles on the road are passenger vehicles that can be crushed under the truck's size. A recent fatal accident in New York may highlight this discrepancy.

A 64-year-old civilian employee of the city's police department was killed in an accident on a local freeway recently. He was driving in the early morning hours when the spare tire of a garbage truck going in the opposite direction suddenly became unhinged. It flew over the median, hit and smashed the windshield of the car driven by the 64-year-old, causing it to collide into the divider. The accident victim suffered severe head trauma and was pronounced dead at the hospital.

If you or a loved one have been injured in an accident caused by another driver, you may be able to recover compensation for your injuries. A personal injury attorney should be able to discuss options with those who are looking for compensation for their injuries.