Every year, more than 13,000 personal injury lawsuits are filed in New York City, resulting in over $500 million in personal injury settlement payouts citywide.
If you or a loved one has been hurt due to the fault of another, you may be eligible to receive compensation for your injuries and/or damages you suffered as a result. To receive financial compensation, however, you may have to file a lawsuit.
As a process, filing a lawsuit can be complicated and lengthy.
Fortunately, the team of Schwartzapfel Lawyers can help you start a lawsuit and connect you with the right lawyer that will best fit your needs. You can reach out to us today by visiting us online or by calling 1-516-342-2200 now! If, however, you would prefer to learn a bit more before calling, please continue reading.
Before Filing A Lawsuit
Filing a lawsuit and suing an at-fault party for your losses after an accident may seem intimidating. Luckily, our job is to help you secure your rights.
Taking the proper course of action can help the process go much more smoothly. It can also increase your chances of receiving the financial settlement you are entitled to.
For the best results, there are certain steps you should take before filing a lawsuit. The following are just three (3) of the most important things you should do before you sue:
Seek Medical Attention and Assess Personal Damage
The first step to be taken after any accident is to seek medical attention. Regardless of whether the accident was severe or whether you believe you suffered injuries, you should be examined by a qualified medical professional.
This is so that any injuries you have can be identified and treated as soon as possible to minimize further injury and other negative health effects.
Seeking medical attention will also help with documenting your injuries and explaining how they occurred in relation to the accident. This will be important when calculating damages and monetary compensation to be paid out.
Any property damage, such as to your home or car, should also be assessed. This can help assess how much compensation you’re eligible to receive when you file a lawsuit.
Identify the At-Fault Party
Before you can sue anyone, you have to identify who it is that you are suing and determine who was at fault for your injuries and losses. To do so, you must determine whether negligent actions were the cause of the incident.
Negligence is when a party fails to uphold its duty of care or responsibility it has to other people. It describes situations in which a party’s actions do not align with guidelines or legislation they are held to and lead to the harm of others.
Negligence can occur in different ways. A construction site supervisor can be charged with negligence if they don’t provide workers with hard hats, as they have a duty to maintain workplace safety. A driver on the road can be charged with negligence if they break traffic laws and cause an accident by speeding.
If you can prove negligence after an accident, you can sue the negligent party for injuries and damages.
Gather Evidence and Documentation
When you file a lawsuit, you should be able to provide documentation of the accident that will help strengthen your case. While the investigation of a case can and likely will continue after you file, it is always best to gather as much information as you can as soon as you can.
Here are a few items you should aim to gather and have on hand before filing:
- Medical documentation regarding your injury or any medical bills.
- Documentation for any damages to property or related expenses.
- Police reports of the accident (if applicable).
- Witness statements from people who may have seen the accident, as well as their contact information.
- Any security camera footage from the accident.
- Insurance information (if applicable).
- Personal documentation such as identification and employment information.
Gathering documentation and evidence can help identify the at-fault party, establish negligence in an accident, and calculate damages to ensure you receive the compensation you are entitled to.
Depending on your case, there may be other types of documentation you can provide to help solidify your claim.
The right lawyer can help you gather the proper documentation for your case and help you determine what you need to do before filing a lawsuit. To speak with one today at no charge, call Schwartzapfel Lawyers now at 1-516-342-2200. Note: One phone call may save you miles of headache, heartache, and financial strain down the road.
How Do You Start A Lawsuit?
After you receive treatment for your injuries and gather all the necessary information you need, you can now file your lawsuit.
The initial filing process may differ depending on the type of case you are looking to file. However, most lawsuits begin when you file a claim or complaint.
You can do this by filling out an application and submitting it to your local court clerk. You may have to pay a court fee when you do. In some cases, you may be able to fill out an application online.
Next, the court will process your complaint application and issue a summons to the party or parties you are suing. You may also notify them that you are suing through your lawyer.
Once the defendant (i.e., the party you are suing) is notified of your claim, they will likely begin their own investigation of the accident and build their own case. They may also file a counterclaim and/or try to deny responsibility for the accident.
As you wait for a response, you should continue building your case while anticipating any counter-arguments.
When Should You File A Lawsuit?
Depending on your case, you may have a time limit after an accident to sue for any losses. This is called the statute of limitations. In New York City, you should aim to file your personal injury claim within (90) days of an accident.
For some personal injury cases, you may have up to three (3) years to file. Exceptions can also be made for cases in which injuries lead to long-term health effects that are discovered after the statute of limitations is up.
Because there are many types of personal injury cases and factors that can impact the controlling statute of limitations, the right lawyer can help you determine when to file your lawsuit.
At Schwartzapfel Lawyers, we can answer any questions you may have about your case. Give us a call at 1-516-342-2200 for a free case evaluation and so much more!
What Happens After You Sue Someone?
After you file your original complaint and the at-fault party receives notice of your lawsuit, you will receive a response to your claim. This will detail what plans the opposing party has, including their defense against the claim made against them.
After this, the lawsuit will enter the discovery period. During this period, you and the opposing party will exchange information and evidence gathered during their investigation.
You must be able to provide strong evidence for your case. If the opposing side is able to prove that they were not responsible for the accident, you may not be able to receive compensation.
Once all documentation and evidence have been shared, you and an opposing party may begin to negotiate a settlement. If both parties can agree to a settlement, the case is closed after it is paid.
If, however, either party does not agree to a proposed settlement, the case may go to trial. This will likely extend legal proceedings. As such, it may take years before a claimant is able to financially recover.
That said, you should know thatonlyabout3% of personal injury cases go to trial in New York State. This is because most cases are settled either before or during the discovery period. Additionally, the direction of your case and whether it proceeds to trial will depend on its complications as well as the damages you are suing for.
For a better idea of how long it may take for you to receive a monetary settlement, we suggest discussing the details of your case with one of the seasoned trial attorneys at Schwartzapfel Lawyers. To find the right lawyer for your situation, call us today at 1-516-342-2200!
Why Should You Hire A Personal Injury Lawyer?
Lawsuit proceedings can be complicated and lengthy. Suing an at-fault party after an incident for losses can be difficult to do on your own. While it is possible to file a personal injury claim by yourself, you may not be as successful without the right lawyer.
There are many reasons why you should hire an experienced lawyer for your personal injury case. Among other benefits a skilled lawyer can offer, the right lawyer will:
- Help you gather all the evidence and documentation you need for your case while you recover from your injuries.
- Review evidence and identify the negligent party after an accident.
- Help you identify the type of case you should file and how long you have to file it.
- Help you complete applications and forms you need to submit when filing a complaint.
- Negotiate your settlement with an opposing party and ensure you receive the money and benefits you are entitled to.
- Stand up for you against an opposing party.
- Fight for you in court, should your case go to trial.
The opposing party in a personal injury case will very likely have a powerful legal team that will do their best to defend their client against your claim. To counteract this, the right lawyer will have the resources and knowledge necessary to build a strong case and stand against an opposing legal team.
How Do You Find the Right Lawyer?
The right lawyer can make a difference in ensuring that you get the best results from a lawsuit after you sue someone and in ensuring you receive the compensation you are entitled to.
When looking for the right lawyer, there are several factors you should search for and keep in mind. These include but are not limited to:
- Experience, background, and legal certification.
- A lawyer’s case history and whether or not the lawyer has successfully helped clients in the past.
- Whether the lawyer is specifically in the field you are looking to file a case. For example, some lawyers specialize in real estate transactions, while others specialize in medical malpractice and/or related fields.
- A lawyer’s reputation and what other clients have had to say about them.
The right lawyer for you should have experience in the area you want to file and should have a successful history handling cases like your own. Beyond that, they should be someone you get along with and can trust with your personal information and expectations.
At Schwartzapfel Lawyers, our lawyers have experience in all different types of personal injury cases. We are committed to fighting for you™ and ensuring that your rights are protected to the fullest. We can help with all the details of your case, from filing your claim to negotiating a settlement and beyond.
Give us a call at 1-516-342-2200 or visit us online to find the right lawyer for your situation and needs. It will be our honor and privilege to assist you on your path to recovery – physically, emotionally, and financially.
But you shouldn’t wait, as your window to file a claim and recover the money and benefits you are entitled to may soon close forever. To keep that from happening, act now by having Schwartzapfel Lawyers fight for you. Call now!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You™™
Annual Claims Report | Office of the New York City Comptroller Brad Lander
Negligence – Legal Information Institute | Cornell Law School
