If you have been injured in an accident, consulting with a New York personal injury attorney to pursue compensation is key to recovering damages. Your lawyer will assist with establishing the value of damages suffered and file suit against the negligent party’s insurance provider to recover whatever they may owe to you.
Personal injury lawsuits involve various damages, such as medical bills, lost wages and pain and suffering. Furthermore, various factors affect the outcome of these claims, such as venue rules or statutes of limitation.
Venue rules
As part of filing a personal injury case, you should understand the rules surrounding venue. This differs from personal jurisdiction in that venue involves selecting an appropriate court in which to file. Usually courts are designated based on city, county, or judicial district designation; upon beginning litigation the plaintiff’s attorney selects their venue based on available information at that time.
As a general guideline, it makes sense to file your claim where the accident or event causing your injuries occurred. However, there may be exceptions; certain courts have earned themselves a reputation as being more plaintiff-friendly than others, leading many plaintiffs to opt for those courts over others as part of forum shopping (this can influence jury awards in PI cases). So it is wise to discuss your choice of venue with a lawyer prior to making this decision.
Statute of limitations
When filing a personal injury lawsuit, there is only a set amount of time in which to do so – this legal deadline is known as the statute of limitations. An experienced personal injury attorney can help guide you through these rules and ensure your claim is filed on time. There may be exceptions such as in the cases involving minors or fraud; and certain states offer shorter statutes of limitations for wrongful death claims.
General laws vary by state, but generally speaking the statute of limitations lasts three years for individual cases versus five for government agencies. When filing against government entities, however, your limitations period is much shorter as you must first file an administrative claim and fulfill additional requirements such as scheduling a medical examination before being eligible to file suit against them. It’s essential that you consult an experienced accident lawyer as soon as possible so they can evaluate your case and determine whether an extension can be granted in terms of deadline.
Filing a lawsuit
Personal injury cases can be time-consuming and tedious processes. They typically involve filing a formal complaint and serving it on the defendant, both of which could take months or even years to complete. Your attorney can guide you through each step, making sure no damaging statements come out during trial that might come back to haunt them later on.
Most personal injury (PI) claims involve victims seeking compensation for physical and emotional losses such as medical expenses, lost wages and pain and suffering. Hiring a personal injury attorney is the best way to maximize compensation in these cases.
Filing a personal injury (PI) lawsuit for various reasons such as car accidents and medical malpractice is possible; it’s essential that you understand the statute of limitations prior to filing any claims, since missing it could prevent you from receiving adequate compensation. You should consult a lawyer as to which court to file suit in.
Getting compensation
If you have been injured due to another’s negligence, it is imperative that you seek legal advice as soon as possible. There are strict time limitations on filing personal injury claims; missing them means no recovery of damages will occur. Your attorney can help file a lawsuit on your behalf to seek justice and secure you the compensation that is owed to you.
Once your lawsuit has been filed, your lawyer will send a demand letter to the insurer outlining all your injuries, medical expenses, and losses associated with the incident. Furthermore, keeping comprehensive records of treatment will allow them to assess how much your claim is worth.
Non-economic damages are an integral component of personal injury cases and encompass things like pain and suffering. Unfortunately, these non-economic damages can be hard to quantify accurately but a personal injury attorney can give an estimate as per previous cases to calculate them accurately for you.