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.


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.

The Causes and Effects of a Traumatic Brain Injury

Every year, nearly three million
people visit the emergency room because they're experiencing symptoms
related to a traumatic brain injury (TBI). TBIs also contribute
to approximately 30 percent of all injury deaths.

If you or someone you love has experienced a TBI, it's important to educate yourself on them.

If the injury was the result of an accident, such as a slip-and-fall
or a car accident, you may be entitled to compensation for your injury.

Read on to learn more about the causes and effects of TBI and gain
some insight into whether or not a personal injury lawsuit is a good
approach for you.

What is a Traumatic Brain Injury?

First things first, let's clarify what a traumatic brain injury is.

A traumatic brain injury is a type of injury that occurs when someone
experiences some sort of trauma to their head. This trauma may come in
the form of a blow, a jolt, or a penetration wound.

Traumatic brain injuries range from mild to severe. Mild TBIs are
temporary and may not cause any lasting damage to the brain cells.

The more severe a TBI is, though, the great the chance there is of
experiencing long-term damage (bleeding, torn tissues, bruising, etc.).
Severe TBIs can even be fatal.

Causes and Effects of TBI

You know that a TBI is brought on by some sort of trauma.

What are the most common traumas associated with this injury, though? And, how can you tell if someone actually has a TBI?

Common Causes of TBI

Some forms of trauma that are associated with TBI include:

  • Falls: These falls can be from a bed, from a ladder, down the
    stairs, in the bathroom, or any other location; falls are most common in
    the elderly and young children.
  • Vehicle collisions: They may involve cars, bicycles, motorcycles, and/or pedestrians.
  • Violence: Gunshot wounds, child abuse, and domestic violence can all cause TBI.
  • Sports injuries: TBI is most common in sports like soccer, football, lacrosse, boxing, baseball, skateboarding, and hockey.
  • Penetrating wounds: TBI can also occur when someone experiences a
    severe blow and an object like debris or shrapnel penetrates the head.

These are not the only causes of TBI, of course. But, they are some of the most well-known.

Effects of Mild TBI

After the trauma, the individual will likely experience a variety of
physical, cognitive, and sensory symptoms. The severity of these
symptoms will vary depending on the severity of the trauma.

If someone experiences a mild TBI, they will experience some, if not all, of the following physical symptoms:

  • Loss of consciousness for anywhere from a few seconds to a few minutes
  • A dazed, confused or disoriented state
  • Headaches
  • Nausea and/or vomiting
  • Fatigue and/or drowsiness
  • Speech problems
  • Sleeping difficulties
  • Dizziness or a loss of balance

They may also experience sensory symptoms like blurred vision, a
ringing sensation in the ears, or a bad taste in their mouth. They may
be sensitive to light or sound as well.

Common cognitive symptoms include difficulty focusing or remembering.
They may also experience mood swings or feelings of depression or

Effects of Moderate-to-Severe TBI

If someone experiences a moderate-to-severe TBI, their symptoms will also be more severe.

Common physical symptoms include:

  • Loss of consciousness for anywhere from several minutes to several hours
  • A headache that lasts for a long time or gets worse over time
  • Frequent vomiting and/or nausea
  • Seizures
  • Dilation of one or both of the pupils
  • Clear fluids leaking from the ears or nose
  • An inability to wake up after falling asleep
  • Weakness or a loss of feeling in the fingers and/or toes
  • A loss of coordination

The sensory symptoms associated with a moderate-to-severe TBI
are similar to the sensory symptoms one might experience following a
mild TBI. 

As for cognitive symptoms, profound confusion is common, as is
unusually aggressive or combative behavior. They may also experience
slurred speech, or they could slip into a coma or experience another
consciousness disorder.

What to do if You've Experienced a TBI

If you think you've experienced a traumatic brain injury, you must see a doctor as soon as possible.

Not only will seeing a doctor allow you to get an official diagnosis,
but you will be able to get the treatment you need. And, you'll be less
likely to experience complications related to your injury.

If your TBI was related to an accident like a slip-and-fall, a
vehicle-related collision, or some form of violence, you may also be
entitled to compensation. In order to get the compensation you deserve,
you may want to hire a personal injury lawyer.

If you do decide to seek legal counsel, start looking for a lawyer as
soon as possible. Most states have limits on how long you can wait
before you file a lawsuit after you experience a TBI.

How to Find the Right Personal Injury Lawyer

If you're interested in hiring a personal injury lawyer to help you
get compensation for your TBI, these tips can help you ensure you're
hiring the right person:

  • Work with a company like Find Injury Law that vets legal firms
    and helps you find highly qualified lawyers who can get you the highest
    possible compensation
  • Make sure the lawyer you see for your consultation is the lawyer with whom you will actually be working
  • Do some research into your potential lawyer to learn about their reviews and what past clients are saying about them
  • Pay attention to the chemistry between you and your potential lawyer

This last point is especially important. Do they speak in a way
that you can understand? Are they patient and willing to answer your

Hire a Personal Injury Lawyer Today

Now that you know more about the causes and effects of TBI, you can
use that information to help you get the compensation you deserve after
your accident. 

Have you or someone you love recently experienced a TBI? Do you need help with a personal injury claim?

If you live in or around New York, New Jersey, or Pennsylvania, we can help at Find Injury Law. 

Contact us today to
learn more about our services or to schedule a free consultation with an
experienced, qualified personal injury attorney.

Dog bite laws in New York

Dogs may be man's best friend but there are times when man's best friend turns on him or her as well. When a dog bites someone, the dog owner may become liable for the injuries that have been caused to the victim, depending both on the laws of the state and on the danger level of the dog in question.

There are two approaches states
take-strict liability or one bite rule. Strict liability means that the
owner is responsible for all harm that a dog causes, regardless of
whether they think the dog was dangerous or not. The one-bite rule means
that if the owner had no knowledge that the dog was dangerous, he or
she will not be held liable for harm caused. New York is a mixed state
in this regard-it applies both these approaches.

When it comes to
a dangerous animal, which could be an animal that has injured or
attacked someone or an animal that behaves in a manner that would cause a
reasonable person to think the dog is dangerous, then strict liability
arises. This means that owners of any pets or livestock would become
liable for any harm caused by that animal. If the dog is not dangerous,
then liability may not arise unless it can be shown that the dog was not
leashed properly or was not kept in a secure location.

It is possible to get both economic and noneconomic damages from the owner of the dog or animal that has caused personal injury to someone in New York. Getting bitten by an animal, especially by a dog, can be an incredibly traumatic experience for an individual, in addition to a painful one. Speaking to an experienced attorney may be one way to explore legal options available after someone has been bitten.

Help for victims of car accidents

Knowing what damages victims may be able to claim following a car accident is useful to help them through the recovery process. In addition to damages for medical expenses, damages for lost wages, lost earning capacity and pain and suffering damages may be available to injured victims through a personal injury claim for damages.

Personal injury damages can help victims navigate the recovery process. Victims of car accidents may suffer a wide range of damages from cuts, bruises and broken bones to more catastrophic injuries including brain injuries, paralysis and other potentially disabling injuries. Victims who are unable to work as a result of the injuries suffered in a car accident, or while they are recovering from their injuries, may be able to recover damages for lost wages and lost earning capacity.

Victims may also be able to recover compensation for medical expenses including ambulance fees; consultation with healthcare professionals; medical accessories such as crutches or other accessories; disability or disfigurement; physical or cognitive therapy; and in-home care services. It is important to take into account medical expenses the victim has incurred as well as future medical care costs they may incur.

Personal injury legal resources are available to help protect victims when they have been injured by the negligence of another party. Car accident victims may be able to recover compensation for their physical, financial and emotional damages and should be familiar with the damages that may be available to them through a personal injury claim when they have suffered harm in a car accident.

What do I do if I was hurt in a car accident?

Car accidents can be devastating for victims which is why it is important for them to be familiar with their legal protections if they have been injured in an unexpected car accident or other personal injury accident. There are important steps victims of car accidents should take following a car accident to preserve the personal injury protections available to them but they may wonder what they are.

A personal injury claim for damages will allow car accident victims to recover compensation for the harm they have suffered including compensation for their physical, financial and emotional injuries. Car accident victims should ensure that any evidence available related to the accident is collected which can include photographs and other relevant information. In addition, car accident victims should make sure to obtain information from witnesses who may have witnessed the car accident. If possible, they should obtain statements and identifying information for witnesses.

Additionally, victims should carefully record, in writing, the circumstances surrounding the car accident and the car accident itself. Police should also be summoned to the scene so that a police report will be available for use should it be needed later. It is also important to seek needed medical care and treatment and carefully document the medical care and treatment the victim receives. All of this information will be helpful should the victim decide at some point to pursue a claim for damages against a negligent driver responsible for the harm they suffered.

Personal injury protections are an important resource for victims of car accidents to be familiar with. Because they can help victims in many ways, it is important for car accident victims to be familiar with the personal injury legal protections available to them.

Help for victims of truck accident

Truck accidents can be harrowing for victims and can result in catastrophic injuries and harm to victims. Examples of catastrophic injuries that truck accident victims may suffer as a result of a truck or other commercial vehicle accident can include serious fractures, spinal cord injuries, traumatic brain injuries, burns, paralysis and disability.

Truck accident victims may require ongoing medical care, treatment and in-home care. Sometimes the impact of a truck accident can last a lifetime. A personal injury claim for damages can help victims recover compensation for medical expenses, lost wages and pain and suffering damages. A personal injury claim can help victims with damages ranging from hospital costs to future medical care costs.

Because passenger vehicles are dramatically outweighed by big rig trucks, the consequences of a truck accident to victims can be life changing and the injuries can be severe. When truck accident victims have been injured by a negligent truck driver, such as a truck driver driving under the influence, distracted while driving or fatigued, or a negligent trucking company, such as a trucking company that fails to maintain its trucks or pushes its drivers to drive while fatigued, they may be liable to victims for the harmed suffered.

Victims of truck accidents can suffer the impacts of an unexpected truck accident for a lifetime which is why the legal process provides important resources and remedies for them to be aware of. Victims can recover compensation to help them with the recovery process which is something they should be familiar with it.