Those who suffer injuries due to the negligence of others find themselves hesitant to pursue a personal injury claim to seek compensation for their damages. This reluctance often stems from a lack of understanding about the process, uncertainty about what to expect, and concerns about the potential challenges involved. If you have been injured due to someone else’s negligence, it’s crucial to be informed about your rights and the legal options available. Seeking guidance from our experienced Queens Personal Injury Attorneys can facilitate navigating the complexities of the legal system and pursuing fair compensation for your injuries. Please continue reading as we shed light on the claims process in New York.
How Do I File a Personal Injury Claim in New York?
If you have been injured due to someone else’s negligence, it’s vital to understand how to seek compensation for your losses and act quickly. Each jurisdiction has a deadline for filing personal injury claims, known as the statute of limitations. In New York, this deadline is generally three years from the date of the injury, with some exceptions. Missing this deadline means you will face the absolute bar of recovery, which means you will lose your right to seek compensation for your damage. Although three years may seem like enough time, it’s advisable to file your claim as soon as possible.
The first step in a personal injury claim is filing a claim with the insurance company representing the at-fault party. This action initiates an investigation into the incident, which typically leads to a settlement offer. However, it’s imperative to understand that this offer is often considerably lower than the actual value of the claim.
Insurance companies frequently employ deceptive strategies to minimize their payout, and one such common tactic is the practice of offering lowball settlements. These initial offers won’t adequately account for all aspects of the damages incurred. As such, it may be necessary to engage in negotiations to secure just and appropriate compensation.
What Happens if Negotiations Fail?
In the unfortunate event, that a fair settlement cannot be reached, it may be necessary to file a lawsuit against the other party. To initiate this process, you must file a complaint or petition with the court. This dictates all of the details of your case and serves as a formal notice to the opposing party, allowing them to respond and defend themselves.
Following the filing, the discovery process commences, during which both parties exchange relevant information to build their respective cases. Subsequently, the trial will begin, and your legal counsel will present evidence, arguments, and witness testimonies to support your claim.
After both parties have presented their arguments, the judge or jury will determine the defendant’s liability, and if applicable, the appropriate compensation that should be awarded. Regardless of the complexity of your case, it’s highly recommended to consult with a seasoned attorney who can guide you through every step of this process, ensuring that your rights and safeguarded and that you receive the compensation you are entitled to.
At The Law Offices of George Poulos, we are prepared to effectively represent your interests and fight for the justice you deserve. Connect with our firm today to explore your legal options.
