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.

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An Overview of Train Accidents

In the United States, there is an average of over 11,300 train accidents per year and over 850 fatalities annually since 2013. 

If you or a loved one were injured by a train, either as a passenger or bystander, you may have a cause of action against the company that runs the train. That company is most likely a government entity. 

Suing an entity like Long Island Railroad, the MTA or Amtrak is not like pursuing a case against a private company or an individual. There are certain special legal issues which may come in to play

Here are seven things you should know if you or your loved one has sustained an injury due to a train accident. 

1.  Riding on a Train that Derails

Accidents, where a train goes off the tracks, are happening more and more frequently. The infrastructure in many cities and across the country is in dire need of repair.

Additionally, trains are still run by human beings, who make mistakes, get sick or fall asleep. Like drowsy driving, the consequences of running a train while sleep deprived or otherwise impaired can have disastrous consequences. 

If you have been injured while riding on a train that went off the tracks, you may have suffered physical and psychological injury.

The experience may prevent you from going to work, pursuing your everyday hobbies and pleasures, and living your life the way you did before the accident. You might be entitled to be compensated for this damage to your life and livelihood. 

2. Employee of the Railroad?

Passengers are not the only ones who can get hurt in a train accident. Often the engineer or conductor, porters and other employees may get hurt as well. 

If the accident happened during the course of your employment, your legal rights may be covered by Workers' Compensation. This is a different process than filing a personal injury claim.

As an employee of a railroad, you might also be covered by the Federal Employees Liability Act or FELA, which protects the safety of federal workers. You have to prove that the railroad was negligent for your case.

The railroad employer will be liable if their negligence played even the slightest part in the injury or death of the employee. Negligence could be failing to provide adequate training or safety equipment, asking employees to work unreasonable hours or under severe time pressures, or not providing proper supervision. 

3. Accident on the Tracks

A train accident which hurts someone who was not on the train can still provide a cause of action for a lawsuit. If you were in a car crossing the tracks and you were hurt by a train, you might want to sue. 

If a railroad did not adequately secure its property and keep the tracks safe from trespassers, it may even be liable for someone who took their own life by going onto the train tracks.

In these tragic situations, railroad employees like engineers and conductors may suffer deep trauma from witnessing suicides. Railroad companies must often provide counseling and time off for these employees or they may be found liable under The Rail Safety Improvement Act of 2008.

4. Damage to Property 

A derailed train can cause lots of damage to property if it derails and runs into a building or other vehicles.

If the train was operated in a negligent manner and caused damage to your property which affected the property's value or prevented it from being used in the manner for which it was intended, you may seek recovery. 

If the accident occurs involving a freight train, there may be numerous commercial claims if goods are damaged or delayed getting to their destination. However, these would likely be contractual claims rather than personal injury. 

It's recommended that you discuss with an attorney the possible claims you may have arising from a train accident in order to fully pursue all potential avenues for recovery.

5. Bodily Injuries 

A personal injury suit in the wake of a train accident requires proof that you have sustained a physical injury which is quantifiable. That means that the court can put a value on what you lost, whether it is the loss of function of a limb either permanently or temporarily, or the overall ability to earn a living. 

You will need to collect and submit evidence of the injury, including all medical reports. Your lawyer will need to establish that the injury was caused by the accident and that you did not have this injury prior to the event.

You will also need documentation of the impact of the injury, including affidavits from doctors and your employer testifying that you cannot work. You may need to collect sworn statements from family members or friends describing how your activities are now limited. 

6. Psychological Impact 

If you have been hurt in a train accident, you may experience other issues in addition to physical consequences. Psychological pain and suffering are compensable as well, provided that you can provide evidence of their impact on your life and that they were directly caused by the defendant's negligence. 

If you are suffering from depression after being in a crash, get a psychiatrist's or psychologist's report and diagnosis. If you've dealt with depression, your doctor might be able to show that the incident significantly increased the pre-existing condition.

7. Special Rules Regarding Governmental Entities 

If the operator responsible for running the train involved in your accident was a governmental entity, you may have a limited time in which to file a claim. 

Speak to an attorney experienced in suits against governmental agencies in order to understand the specific issues at stake in your case.

For example, if you choose to sue NJ Transit, you have 90 days to complete a Tort Claim notice or else you may lose the right to sue. If you are suing the NY-NJ Port Authority, you may have a one-year statute of limitations instead of the usual two years allowed for personal injury claims. 

Train Accidents: Know Your Rights 

If you have been injured in an incident involving a train, speak to a personal injury attorney as soon as you can. Depending on the circumstances, you have certain rights to be made whole by the person or entity responsible for your injuries.

Because many railroads are run by the government, you may have limited time in which to assert your rights. Contact a lawyer as soon as you can to help you figure out your options.

For more information on personal injury claims arising from train accidents and other transportation events, check out our blog

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