If you have been hurt in an accident, then you may be unsure of your legal rights and options. Generally, if someone else caused your injuries, then you may be able to hold them financially responsible by filing a personal injury claim with their insurance company. You may need to file a civil lawsuit to protect your rights and get a fair settlement if necessary.
It doesn’t take much time to file a lawsuit. In many cases, the parties are able to negotiate a settlement in the weeks and months after the lawsuit is filed. However, if your case moves towards trial, it could take a year or longer to go to court or otherwise resolve the case.
The Odierno Law Firm represents injury victims throughout Long Island who have been hurt in all types of accidents. Our goal is to help our clients get maximum compensation as quickly as possible so that they can move forward with their lives. Contact our law offices today to schedule a free initial consultation with a Long Island personal injury attorney.
How to File a Lawsuit
After an accident, it is a good idea to talk to a personal injury law firm as soon as possible so that you get a better idea of your rights and options. Initial consultations are free of charge and are a good way to protect yourself and learn more about the personal injury lawsuit process. If you decide to hire a personal injury lawyer, then they will get to work on putting together a claim.
First, they will investigate the accident itself. This can involve talking to witnesses, obtaining videos and photos of the accident scene, getting accident reports, and consulting with experts like accident reconstruction professionals. The goal of this type of investigation is to determine exactly what happened to cause your injuries, and who might be liable under New York law.
Second, your lawyer will analyze your damages or losses. An injury victim (plaintiff) is responsible for proving that the at-fault party (defendant) caused their injuries and that they suffered losses as a result. Your attorney will gather medical bills, repair estimates, pay stubs, and other documentation to prove that you suffered damages as a result of the defendant’s actions.Third, your lawyer will research New York law to prove that the defendant is liable. Most personal injury cases are based on negligence or carelessness. A plaintiff has to prove four elements to win a personal injury lawsuit based on negligence:
- The defendant owed the plaintiff a duty to use reasonable care;
- The defendant breached (violated) this duty in some way;
- The defendant’s violation caused the plaintiff’s injuries; and
- The plaintiff suffered damages as a result.
Your lawyer will make sure that they can prove your case legally before proceeding to the next steps. If the at-fault party was more than careless, then this may involve proving that the defendant acted intentionally or recklessly, such as in a drunk driving accident.
At this stage, your attorney will also evaluate whether your own negligence may have played a role in the accident. In New York, you can still recover financial compensation for an accident even if you were partially at fault under comparative fault rules. However, your total recovery will be reduced by the percentage that you were at fault, so your attorney will analyze your claim to determine if the insurer may raise this issue.
Fourth, your attorney will write a demand letter to the at-fault party’s insurance company. This letter will lay out the facts of the case and the legal reasons why their insured is liable. It will then conclude with a demand for damages (compensation).
This initial process can take anywhere from a few weeks to a month or longer, depending on the complexity of the case and the difficulty of gathering information. Your personal injury attorney will keep you updated on their progress and the approximate timeline for your case.
Filing a Personal Injury Lawsuit
After your lawyer sends a demand letter to the insurance company, the negotiation phase will begin. Each side will go back and forth with offers and counteroffers until a settlement can be achieved. This can take a few weeks or months.
The vast majority of personal injury cases are resolved outside of court. However, New York has a 3-year statute of limitations for personal injury cases. With some exceptions, this means that if you do not file a personal injury lawsuit within 3 years of your accident, you will be barred from doing so.
For this reason, it is often necessary to file a civil lawsuit in order to protect your rights. Filing a lawsuit does not mean that your case will go to trial. Instead, it is an opportunity to continue negotiations and attempt to resolve your claim as quickly as possible.
Your Long Island personal injury attorney will draft a document known as a complaint, which will then be filed at the local courthouse and served on the defendant. The defendant then has a set number of days to file and serve their answer to the lawsuit.
Next, the parties will go through discovery. During the discovery process, each side will ask for and exchange information about the case. This allows each party to evaluate the strengths and weaknesses of their case and may help push the case closer to settlement. The discovery phase often takes several months to complete.
If the parties can’t come to an agreement, then the case will go to trial. In court, your attorney will introduce evidence, question witnesses, and make arguments. They will then ask the jury to return a verdict in your favor.
Going to trial can be a lengthy, time-consuming process. While the trial itself will typically last for a week or less, there are a lot of steps in between filing a lawsuit and going to court that take a lot of time. If your case goes to trial, then it will likely take a year or longer to reach a resolution.
Factors that Affect How Quickly Your Personal Injury Claim Is Resolved
When you are hurt in an accident, you don’t necessarily want to spend months or years fighting to get a fair settlement. Unfortunately, the legal process takes time. It can take months or even years to get a personal injury settlement.
There are several factors that affect how long a personal injury lawsuit will take, including:
- Whether you are still undergoing medical treatment, as your settlement will likely be delayed to ensure that it reflects your full scope of losses;
- The court’s schedule;
- Whether liability is in question (i.e., is the insurance company arguing that their insured isn’t at fault or that you were partially responsible?);
- How much money you are seeking, as insurance companies are typically more willing to settle lower-value cases and may defend a higher-value case more aggressively;
- If the insurance company argues that your injuries aren’t as severe as you claim;
- The complexity of the claim, as some cases will require more time to investigate and prove;
- Whether a lawsuit has been filed, as going through the formal legal process requires complying with court deadlines and other factors;
- The number of parties to the lawsuit; typically, having more parties to a lawsuit will make it more challenging to resolve the claim; and
- The willingness of the parties to settle.
If your case is relatively simple and there isn’t a question about liability, then your claim might be resolved in just a few weeks or months. If your case is more complicated or if the insurance company is challenging any aspect of your claim, then it could take a year or longer to achieve a resolution. Throughout the legal process, your personal injury attorney should keep you updated about the case’s progress.
How The Odierno Law Firm Can Help
After being hurt in an accident, the thought of dealing with insurance companies, lawyers, and lawsuits might be overwhelming. If you are experiencing financial strain due to the accident, you may also be eager to resolve the case as quickly as possible. While there are no guarantees when it comes to litigation, your case could be resolved in as little as a few months if there are not any complicating factors.
At The Odierno Law Firm, we understand that our clients are under considerable stress after being hurt in an accident. Our goal is to make the process of getting compensation for their injuries as straightforward as possible. Contact our law offices today to schedule a free initial consultation with a Long Island personal injury attorney by calling 631-752-8580 or filling out our online contact form.
How Can I Afford a Personal Injury Lawyer?
Personal injury attorneys work on a contingency fee basis. This means that you pay nothing upfront, and only pay a fee if they recover money for you. The fee will be a percentage of your total recovery.
This arrangement makes it possible for anyone to afford a lawyer. It also aligns your interests so that you and your lawyer have the same goal: recovering maximum compensation as quickly as possible. Contact The Odierno Law Firm today to schedule a free initial consultation with a Long Island, New York personal injury attorney.
The Insurance Company Is Offering Me a Settlement. Should I Take It?
You should never accept a personal injury settlement from an insurance company without talking to a lawyer first. Typically, this settlement offer won’t represent the true value of your claim. While it may allow you to get financial compensation faster than going through the legal process, you may end up with a far worse outcome if you don’t have enough money to cover your losses.
Studies show that people recover an average of 40% more in personal injury claims when they have legal counsel, compared to when they represent themselves. If you have been hurt in an accident, you cannot afford to not have a skilled Long Island personal injury law firm by your side. Call The Odierno Law Firm today to schedule a no-cost, no-obligation consultation with a member of our legal team.
Scott F. Odierno is a partner at Odienero Law firm. Find out more about Scott on his profile page, or view any of his social media profiles below:
