What Happens After You File a Personal Injury Claim in New York?

Filing a personal injury claim in New York can be a daunting process, but understanding what happens after you file can help ease your mind and prepare you for the journey ahead. Whether you've been involved in a car accident, a slip and fall incident, or any other type of personal injury, knowing the steps that follow is crucial.

Once you’ve submitted your personal injury claim, the insurance company will start its investigation. This process typically involves gathering evidence, reviewing medical records, and obtaining police reports if applicable. They will assess the details surrounding the incident to determine liability and the extent of damages awarded.

After the initial investigation, the insurance adjuster will either accept your claim, negotiate, or deny it. If they accept it, you may receive a settlement offer. However, it’s important to evaluate this offer carefully, as it may not account for all future medical expenses or suffering caused by the injury. Consult with your attorney to decide if the offer is fair before accepting it.

If negotiations fail, or if the offer does not cover your damages, you may need to proceed to litigation. This involves filing a lawsuit against the liable party. In New York, personal injury lawsuits must typically be filed within three years from the date of the accident, so timely action is essential.

Once a lawsuit is filed, both parties will enter the discovery phase, where evidence is exchanged. This stage can involve depositions, which are sworn testimonies collected under oath. During discovery, your attorney will work to gather as much information as possible to support your case.

Following discovery, many personal injury claims in New York reach a settlement before going to trial. This can happen during negotiations or even during mediation with a neutral third party. Settlements are often preferred, as they can lead to quicker resolutions and reduced legal fees.

If your case does proceed to trial, both the plaintiff (you) and the defendant will present their arguments before a judge or jury. The jury will then deliberate and reach a verdict. Depending on the outcome, they will determine whether you are entitled to compensation, and if so, how much.

Finally, if you win your case, the defendant will be ordered to pay you the agreed-upon damages. This process can take time, but your attorney will guide you through every step, ensuring that you receive the compensation you deserve for your injuries.

In summary, after filing a personal injury claim in New York, you can expect an investigation by the insurance company, a series of negotiations for settlement, and the possibility of litigation if an agreement cannot be reached. Throughout this process, having competent legal representation is key to successfully navigating the complexities of a personal injury claim.