Those who have suffered harm due to the negligence or recklessness of others often find themselves navigating unfamiliar territory when it comes to pursuing a personal injury claim. The legal process can be complex, filled with unfamiliar terminology and procedures. This lack of knowledge makes them reluctant to take legal action against the party responsible for their injuries. Even though the process is intimidating, it’s crucial to fight for the justice you deserve. If you have sustained injuries due to another person’s negligence, the following blogs explore what you should know about these matters and the importance of working with our skilled Harrison Personal Injury Attorneys.
How Do I File a Personal Injury Claim?
Following an accident caused by another party’s negligence, it’s essential to understand the process of pursuing a personal injury claim to receive the financial compensation you deserve for the damages you have unjustly incurred. In New York, the general statute of limitations is three years from the date of the injury. Failure to meet this strict deadline will result in the absolute bar of recovery. This means you will lose the right to seek compensation for your injuries. While three years may seem like ample time, it’s better to file sooner than later to protect your interests.
It’s important to note that personal injury claims arise when a person suffers harm due to the careless or intentional actions of another party or entity. This may include auto accidents, slip and falls, medical malpractice, nd other incidents where negligence plays a role. That said, if you have a valid personal injury claim, you will typically file it with the other party’s insurance. Their insurer will investigate the incident and likely offer you a settlement. However, this initial settlement offer is usually much lower than what you might ultimately be entitled to, as their goal is to minimize payouts.
What Are My Next Steps?
In most cases, filing a lawsuit is only necessary in the event a mutually agreeable settlement cannot be reached. If this is the case, you will need to file a complaint with the court. This document contains all the pertinent details of your case, including the negligent party, your allegations, and the damages you incurred. After filing, the negligent party must be served to notify them of the lawsuit so they can respond.
When the case is officially filed, the discovery process will commence. This process involves exchanging information with the other party and building your arguments. From here, the trial will begin. During the trial, your attorney will assess evidence, present their arguments, and question witnesses. The jury will then issue a decision on the matter. Keep in mind that the personal injury trial varies and is influenced by many factors.
Given the complexities of this legal process, it’s in your best interest to enlist the help of an experienced attorney who can help you fight for the justice you deserve. At Hausman & Pendzick, we are prepared to help you fight for the full and fair compensation to which you are entitled. Connect with our firm today to learn more.