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.


10 Most Dangerous Jobs in NYC

There are over 4.6 million jobs in New York City. These jobs fall in a wide variety of sectors, from customer service workers to stock brokers, to doctors. And while many of these jobs will have you in an air-conditioned office building at a desk, a lot of them involve working outside and in less than ideal conditions.

Trying to decide which career works best for you, or are you concerned about the safety risks of certain professions? We've got you covered. Read on to learn about the 10 most dangerous jobs in New York City.

1. Construction Workers

Construction workers have some of the riskiest jobs in the city, by far. Through the United States, over 20 percent of fatalities in 2017 in the private sector were in the construction industry.  Almost half of those deaths are due to falls, while others are due to being struck by objects, electrocutions, and being caught in or compressed by machinery.

As of February of this year, there have been 96 construction injuries in New York alone, luckily none were fatal.

Because of the risks associated with working in construction, this industry is highly regulated by OSHA. We have helped construction workers and their families recover millions of dollars for the injuries they got while working at dangerous New York construction sites.

2. Taxi Drivers

Taxi drivers face a unique set of risks with their jobs. First, taxi drivers deal with the risks that are inherent with being on the road all day and all night long. This includes the risk of being involved in a collision with another car and suffering injuries when their car malfunctions or there is inclement weather.

On top of all those risks, taxi drivers deal with the risk of driving the general public. They could be attacked, robbed, or injured by their fares, not to mention passenger interference with operating the vehicle.

3. Subway Workers

The number one rule of commuting on the subway is to stay behind the yellow line. That rule is in place because of the risks involved with the day-to-day operation of the subway. Unfortunately, for subway workers, there a number of risks associated with their job depending upon what they do.

Maintaining the subway system means regularly risking contact with the electrified third rail, and getting on the track to remove debris. Cashiers face the risk of being held up by robbers or verbal abuse from angry subway riders.

4. Bike Couriers

Bike couriers and messengers are the backbone of the city. They promote workplace productivity by making sure that important documents are transported between offices without requiring office workers to take time out from their work to deliver it themselves or waiting for those documents to come in the mail.

For all the good that they do, bike couriers face a significant amount of risk by doing their jobs. They have to ride their bikes in all types of inclement weather — from rain to snow to summer heat. They also risk being hit by a car.

On the upside, riding a bike five days a week is probably pretty great for their fitness.

5. Healthcare Workers

Working in healthcare is easily one of the most rewarding jobs out there. Your job is solely to help people recover from illness or injury or to prevent them from getting sick in the first place. You also have the knowledge to be able to make better choices for your own personal health.

But working in healthcare has its own set of risks. To start, you're on your feet all day (or night) and work incredibly long shifts that can throw up your circadian rhythm. In addition to that, you risk the transmission of illness from your patients.

6. Police Officers

Police officers are some of the most revered members of the community. They help keep the community safe from people who want to do harm. Unfortunately, it's also one of the riskiest jobs in any city.

Police officers deal with normal risks associated with patrol — being in their car for long periods of time puts them at a higher chance of being involved in an auto accident. But they also risk injury and death from dealing with suspects in the line of duty, or entering dangerous situations, such as the 9/11 attack, as first responders.

7. Sanitation Workers

Sanitation workers are the unsung heroes of the city (unless you were a resident of New York in 1968). They make sure the sidewalks are cleared of excess trash and debris so you don't have to dodge it on your walk to work.

Sanitation workers' jobs have a surprising amount of risk involved. At a minimum, it is a physically demanding job that must be performed on a daily basis. In addition, they are also dealing with heavy equipment and machinery, and they run the risk of getting hit by cars on the road while picking up the trash.

8. Firefighters

Firefighters will always be considered one of the most heroic and rewarding jobs out there. Who can forget the images of the firemen who responded to the 9/11 crises in NY?

Their job is to protect everyone from the risk of fire, but also from hazardous conditions. They are the first responders to car accidents and do the heavy lifting when someone is trapped in their vehicle.

Of course, with this heroism are some pretty high risks. Many firefighters are injured or lose their lives when fighting fires due to dangerous and unpredictable conditions. And like police officers, firefighters are first responders and face injury from being some of the first people on the scene.

9. Electricians

We don't think about it much, but we need electricians more than we realize. They make sure your home is properly wired and not at risk for fire or electric shock. Of course, the very nature of their job is full of risks.

Electricians face the risk of electric shock on a day-to-day basis. This is no small risk, and its the reason that electricians need to be licensed in order to do their work. They also have to go into the private residences of people they do not know and risk injury from those people or even their pets.

10. Grounds Maintenance Workers

Grounds maintenance workers have an important, but a seemingly invisible job in the city. They work in all weather conditions and face heatstroke in the summer frostbite during the winter. They also operate dangerous machinery such as chainsaws, and risk loss of hearing from operating loud equipment like leaf blowers.

Do You Work In One of the 10 Most Dangerous Jobs?

These 10 most dangerous jobs have a significant risk of injury associated with them. That doesn't mean you should avoid them, in fact, many people employed in these fields have a high level of job satisfaction. But know your risks, and know that if you get injured, there are resources available to help you recover.

Have you been injured on the job? We can help. Contact us today to find out what we can do to get you back on your feet and back to work.

Contact the Team at Find Injury Law.  We Are Here to Help You.

Did you suffer trauma as a result of a dangerous work condition?  Our workplace injury lawyers will help you win your case.
We are here to assist you with finding the right workplace accident lawyer in New York, New Jersey, Pennsylvania, or Connecticut for your case. Contact us now for a free consultation.


Your Ultimate Guide to Winning Your Slip and Fall Case

In 2016 alone, there were approximately 34,000 slip and fall cases that resulted in the death of the victim. Plenty more brought longterm injury.

As you can tell, these types of cases are often very serious and leave the victim with hefty medical expenses. But, with a competent legal professional on your side, you'll be sure to get the compensation you deserve.

Not sure where to start? Don't worry, we've got you covered.

Let's take a look at everything you need to know about winning your case.

Proving Liability

Slip and fall cases in New York only have a chance in court if the defending party is liable for the accident that caused your injury.

Property owners are often liable when they are negligent of dangerous circumstances. A common example is the lack of the iconic "wet floor" sign near a slippery surface, posing a threat to visitors.

But, there are many scenarios where it can be difficult to prove liability. These can include:

  • Poor lighting over an unsafe floor surface
  • An obstacle that visitors must unsafely maneuver around
  • Lack of routine maintenance that results in faulty equipment or machinery

 While these situations could easily result in the injury of a customer or visitor, you still have to prove that they were negligent.

For example, in order to prove that lack of maintenance resulted in faulty equipment, you'll need to find out if there are any documents that prove there was a significant gap between the time of injury and when the equipment was inspected.

Your attorney will know what course of action to take when it comes to proving liability. But, proving owner liability goes hand in hand with...

Proving You Weren't The Cause

Unsurprisingly, nobody likes to get sued. But, Brooklyn property owners have a morbid fear of being sued for negligence.

In many slip and fall cases, the property owner may argue that not only was the accident not their fault but also that you were the one who caused it.

If you were found at fault (even partially), then your potential for receiving full compensation is dramatically reduced. Thus, the defendant is going to do all that they can to prove the blame lies on you.

While you may be convinced you're not at fault for your slip and fall incident, you could have played a role depending on your actions at the time. If you slipped because of your own negligence, it may be difficult to obtain the judge's favor.

Common situations where the plaintiff played a role in their own injury are:

  • Illegally accessing the area they were injured (jumping a fence, ignoring trespassing signs, etc.)
  • Acting negligently at the time of injury (such as texting, reading, talking on the phone when they should have been looking at their surroundings)
  • Failing to adhere to safety/warning signs

Thus, it's not impossible that the individual who was injured played a role in their slip and fall. But, regardless of whether or not the plaintiff did, the defense may choose to argue that you were at fault anyway.

Therefore, you'll need to prove that you weren't. Eyewitness testimony, security footage, etc. are often required to back up your claim.

Before You Go to Court

You're going to have to gather evidence. First, you'll need to...

Prove The Extent of Your Injury

It's pointless to pursue slip and fall compensation if your injuries are negligible. So, you're going to have to prove how badly you were hurt as a result of the accident.

The easiest and most reliable way to do this is through your medical records. Medical professionals will provide a detailed account of your injuries through their assessment, and it's your duty to obtain these documents.

Then, you'll be able to prove how injured you are, any prolonged discomfort you experience, and whether or not you experience any disability as a result of the accident. 

Even if your injuries are readily visible, you'll still need proper medical records to prove they aren't superficial. For example, cuts or bruises on your face that don't hinder you in any way are unlikely to be a solid foundation for pursuing compensation.

Then, you'll need to...

Provide Proof of Your Expenses 

Medical expenses aren't the only thing you'll need to keep in mind. There are plenty of other forms of a financial burden that can stem from a slip and fall accident.

The most common scenario is one where your injury prevents you from working, drastically reducing your income. If you suffered a neck or spinal injury, it could be months before you'll be able to return to your job.

Hire an Experienced Lawyer

Even with all the evidence on your side, you'll still need a competent legal professional to back you up in the courtroom. You'll want someone with extensive experience not only in the legal profession itself but also slip and fall cases.

If possible, someone who specializes in your type of injury (wet floor, faulty equipment, etc.) will give you the best chance of achieving success.

Handling Your Slip and Fall Case Can Seem Difficult

But it doesn't have to be.

With the above information in mind, you'll be well on your way to making sure your slip and fall case results in you getting the compensation you need.

Want to learn more about what a competent legal defense can do for you? Make sure to check out the rest of our blog!

Need Help With Finding the Best Lawyer For Your Case? Call Us.

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. 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.