If you've been injured in an accident in New York, you need to understand all the options available to recover damages and cover your expenses. While the law allows accident victims the right to take their personal injury case to court, in reality, a large majority of these cases are resolved out of court. A preliminary conference is the court conference that schedules the production of the document and the mandatory oral and physical examinations to be conducted. This is usually the first court appearance in a personal injury lawsuit.
Before you point your finger at another person, you need a test. You need direct and circumstantial evidence that they were at fault for your injuries. We will conduct a thorough and independent investigation of the accident. We leave no stone unturned to gather as much evidence as possible before going to court.
In many circumstances, especially those involving car accidents, accidents on your property, and medical malpractice claims, you are likely to have insurance that covers you in the event of an accident. Under your policy, you have assigned your defense of any claim to the insurance company, and your lawyers will defend the lawsuit. Therefore, the first thing you should do, besides seeking medical attention for yourself (if you are injured), is to contact your insurance company. How long will my case take? Our Syracuse personal injury lawyers get this question all the time.
The answer, believe it or not, is: “it depends. Personal injury lawsuits are often the last resort in the claims process. Plaintiffs always have the option of filing a lawsuit against another driver for a car accident or against a property owner for a slip and fall, but most prefer to resolve their case out of court. Most people only go to court when they have to, for example, for a criminal trial, divorce, or custody dispute.
That same fact can apply to personal injury trials. Plaintiffs are often nervous about having to speak before a judge, worried about making a mistake. Most car accident insurance claims are generally resolved before a lawsuit is filed, but not all car accident cases can be resolved out of court. Both parties may not be able to agree on who is responsible for the accident.
They can agree that the victim was injured, but they cannot agree on the amount of compensation the victim should receive for their injuries and losses. If your car accident case goes to trial, there are a few things you can expect. In New York, the statute of limitations for most types of personal injury cases gives the claimant three years from the date of the injury to go to court and file a lawsuit against those responsible for the underlying accident. Get the basics on injury claims against government entities and learn how to find the right personal injury lawyer for you and your case.
Representing yourself in a personal injury lawsuit means you can take steps to file, manage and direct your claim on your own behalf. As such, personal injury trials will involve both parties presenting and cross-examining evidence in the case, including witness statements, expert testimony, photos of the accident, and surveillance footage. We will review the statute of limitations and note the last date you need to file a personal injury claim in New York. The first step requires you to file your personal injury claim with the appropriate clerk's office and pay the required filing fee.
When a personal injury case actually goes to trial, the parties involved argue their cases before a judge or jury that will determine if the defendant should be held liable for the plaintiff's damages. Bodily injury may be referred to in criminal court cases, referring to injuries sustained by someone who has been the victim of an assault or other crime. As we've said before, it's very common for personal injury claims to be resolved long before they go to trial. Accepting a settlement offer on your own could mean that you risk receiving less money than you deserve or less money than you need to recover your personal injury expenses.
Your lawyer may ask you to file a personal injury statement and provide you with documents in accordance with legal discovery rules. If you suffered personal injury due to someone else's negligence, you can receive compensation for both physical pain and suffering and emotional pain and suffering. If your personal injury lawyer can get you a fair settlement for your injuries and damages without the need for a trial, there is no reason not to reach a settlement outside of court. .