Personal Injury Questions
10 Frequently Asked Questions in Personal Injury Cases
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10 Frequently Asked Questions
It’s usually normal for personal injury victims to have questions after gaining injuries in any accident. The reason for this is because most people don’t think about how injury cases work until they need to bring a claim. Unfortunately, this may mean there are some misconceptions about injury cases. These misconceptions may lead injury victims to make choices based on false information that could hurt their chances for recovery. While it’s essential to seek out the right information regarding your case, the best course of action to get expert advice on the facts of your case is to work with a qualified personal injury lawyer. Here are answers to 10 of the most frequently asked questions in personal injury cases.
1. What is the Personal Injury Claim Process?
A personal injury case begins when you file a summons and complaint in the appropriate New York court.You begin a case by taking a summons and complaint to the court clerk of the court where you’re filing the case. The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. Your complaint must include all of the grounds to bring your case and all of your demands for recovery.
2. What to do after a personal injury accident?
•Take pictures of your injuries
•Visit a doctor if you haven’t done that already
•If you have visited a doctor, follow their care plan and attend all follow-up appointments
•Write down a narrative of what happened while it’s still fresh in your head
•Make a list of witnesses and their contact information if you know it
•Follow any additional instructions from your attorney
3. Will my Personal Injury case go to trial?
The vast majority of personal injury cases don’t go to trial. Most resolve by settlement before the trial date arrives. A case is most likely to go to trial when the facts are in dispute or when there’s a contested legal issue, and the court may rule either way.
The more carefully you build your case, the more likely it is that you and the other party can agree on the strength of your evidence and reach an appropriate settlement. If your case is in the minority of cases that go to trial, your attorney can help prepare you for what to expect.
4. How Much is my Personal Injury Case Worth?
There’s no way to precisely value your claim, but you can guess the approximate value. The value of your claim includes your economic damages like costs for medical treatment, lost wages, paying for help you need around the home, and physical therapy. You total these losses and then apply a multiplier of 1-1.5 for moderate injuries and up to 5 for severe cases to account for pain and suffering. You should also evaluate the defendant’s resources and their ability to pay.
5. What Happens if I’m Partially at Fault for the Accident?
You may have played a role in causing your injury. If that’s the case, you may still be able to recover using New York law. As long as you’re not more to blame than the defendant, you can recover for a proportional share of what you would have recovered otherwise. This system is called comparative negligence under New York law 41.141. The jury decides how to assign fault among the people involved in the case.
6. How Long Does a Personal Injury Lawsuit Take to get a Settlement?
The shortest cases resolve in only a few weeks and without any formal litigation. Sometimes, your attorney can work directly with the other party or the insurance company to reach a swift resolution. In other cases, litigation can continue for a year or more. Most cases fall somewhere in the middle. The more complicated your case, the longer you can expect it to take. You have some control over the length of your case because it’s up to you to accept or reject settlement offers.
7. How Long Do I Have to File a Personal Injury Claim?
A statute of limitations is the time limitation that you have to bring the case. For most personal injury cases, the period of limitation is two years. You’ve made it within the time limit if you get your case filed even one day before the period of limitation expires.
8. What can I expect during my Personal Injury Case?
Once you file the case, you serve the other side with a copy of the paperwork. You wait for them to file a reply. After that, you have time to build your case by contacting witnesses, gathering medical evidence, and even collecting evidence from the other party. You and the other side both have time to bring preliminary motions to the court. Your attorney may approach the other side to try to resolve the case by settlement. You may participate in formal dispute resolution like mediation. If you resolve the case, you collect payment, and the case ends. If your case goes to trial, your lawyer presents your case and asks the jury for a fair outcome.
9. How Much Does a Personal Injury Lawyer Cost?
Most personal injury attorneys want to work with you so that you can get justice through the legal system. Many New York personal injury attorneys agree to work on your case with no money up front. If you succeed in your case, they take a small percentage of your recovery for their services. They also deduct any costs that they paid up front so that you could proceed with the case. Your attorney should be happy to speak with you to make sure that you understand how they’re going to get paid. It’s important to ask any questions that you have so that you’re all on the same page.
10. How Can an Attorney Help?
Every case depends on the unique set of facts present in the case. An experienced injury attorney can give you more specific answers to these questions based on the actual circumstances of your case. An attorney helps you handle each step in the case in a way that’s calculated to help you get the result that you’re looking for. Your lawyer will take the time to get to know you, your priorities, and the details of your case. They can then guide you through the process to get the maximum compensation possible.
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