If you or someone you love got injured due to someone else’s negligence, you might be eligible to seek compensation by filing a lawsuit. If so, you need to know what happens after a personal injury lawsuit is filed. In most cases:
- The lawyer who represents you as the plaintiff and the lawyer who represents the at-fault party as the defendant will start investigating the cause of the accident
- Each side might request information to demonstrate the cause and consequences of the accident, including police and incident reports, witness statements, dashboard footage, traffic camera footage, and photos of the accident scene
- Each side might conduct depositions and ask all involved parties and witnesses questions about the accident while under oath
- After determining negligence and fault, each side might enter settlement negotiations to resolve the lawsuit outside the courtroom
A personal injury lawyer might be able to negotiate on your behalf to reach a financial settlement. This settlement may cover your injury-related expenses and losses, letting you resolve your personal injury case having to go to trial. Your lawyer may help you fight for the financial compensation you need, argue what caused the accident, and work hard to file your lawsuit on time.
How Settlement Negotiations Work
Settlement negotiations can take place at any point. If successful, you may receive financial compensation without having to go to court. You may have your lawyer negotiate with the at-fault party on your behalf, but you will make the decision to accept or reject a settlement offer at the end of the process.
During settlement negotiations, your lawyer may be able to prove that the other party’s negligence led to your injuries and that you are entitled to receive compensation. This is important because New York is a comparative fault state. According to the New York Civil Practice Law & Rules (CVP) §1411, any evidence that you contributed to the cause of the accident might diminish any financial award you receive. If the at-fault driver alleges that you bear partial responsibility for your injuries, your lawyer may work hard to refute these claims.
Your lawyer can explain the merits of each offer you receive, the importance of accurately valuing your claim, and the finality of accepting a settlement offer. Settlement negotiations can be complex. Your lawyer may explain the process to you and work hard to obtain the best possible financial outcome for you.
Your Personal Injury Lawsuit Has a Filing Deadline
After getting injured by another person, your initial focus might be on recovering from your injuries or helping a loved one recuperate from theirs. While you focus on your injuries, the time you have to seek compensation with a personal injury lawsuit starts ticking away.
The CVP §214 generally gives you three years from the date of your accident or injury to file a personal injury lawsuit. Filing your lawsuit on time is critical to the success of your case. If it is not filed on time, it might be dismissed without ever being heard, or you might not be permitted to file it at all.
If your case gets dismissed, it might mean that the at-fault party cannot be legally compelled to pay your injury-related expenses, and the full financial burden of your injuries will fall on your shoulders. A personal injury lawyer can help ensure your claim is filed on time, and your right to sue the negligent party or parties is preserved.
Our Team Can Help You Assess Your Damages
Whether your personal injury case is resolved in or out of court, a successful lawsuit starts with an accurate assessment of your financial damage. Once the at-fault party’s negligence is established, you and your lawyer may be able to compel the at-fault party to compensate you for:
- Past and future medical expenses
- Past and future income loss
- Pain and suffering
- Physical impairment
- Physical disfigurement
- Mental anguish
- Emotional trauma
- Property damage
- Property loss
Track your expenses and losses carefully. If you do not account for your total damages, you might be left with out-of-pocket expenses for an accident that might not have been your fault. You may review the financial impact of your injuries with your legal team so that no valid costs are omitted.
Let Morelli Law Firm Help You Prepare Your Personal Injury Lawsuit
If you or a loved one is entitled to pursue compensation from a negligent party, you need to know what happens after a personal injury lawsuit is filed and what to expect each step of the way to compensation.
Find out more about the financial recovery process and your possible right to compensation when you contact a personal injury team member at Morelli Law Firm. Call us at (212) 751-9800 today.