There are many steps in the personal injury claims process before and during litigation. The claims process generally involves interaction with attorneys and insurance companies. Once you move to the lawsuit process, the court becomes involved throughout litigation.
The Personal Injury Claims Process
Step 1: Talk with a Lawyer
Were you hurt in an accident? Do you believe it was someone else’s fault? You should talk with a New York personal injury attorney about what happened. We will listen to your story then explain your options. If another person’s negligence or other wrongful conduct caused you harm, the law might entitle you to compensation. We will efficiently guide you through the claims process.
Step 2: Conduct an Independent Investigation and Gather Evidence
Before pointing the finger at another person, you need proof. You need direct and circumstantial evidence that they were at fault for your injuries. We will perform a thorough, independent investigation into the accident. We leave no stone unturned to gather as much evidence as possible before going to court.
Step 3: Identify Liable Parties
Liability in a personal injury case can be complicated. During our investigation, we look for evidence about who directly caused the accident. We also look for other people and businesses that are involved. Another party might be liable for your injuries, even if they were not at the accident scene. Someone other than the negligent party might be liable for compensating you.
Step 4: Calculate the Value of Your Damages
Knowing how much your case is worth requires working with an attorney. We will calculate your past and future medical expenses and lost income. These are your economic or special damages. We also place a value on your non-economic or general damages, including any disfigurement, physical limitation, physical pain and suffering, and mental distress.
Step 5: Calculate the Statute of Limitations
We have to know how long we have to file a lawsuit. There is always a deadline. We will review the statute of limitations and note the last date you have to file a personal injury lawsuit in New York.
Step 6: Send a Demand Letter
Once we know who is liable and the value of your claim, we will send a demand letter. This letter demands the other party take responsibility for their actions in the form of compensation. We will include a demand for a specific amount of compensation. We will give the other party a date to respond by.
Step 7: Communicate with the Insurer
In many personal injury cases, the negligent or liable party has insurance. You should limit how much you speak with the insurance company. You don’t have to answer questions or provide a statement. Instead, direct the insurer to talk with us. We will handle communications with the insurance company. We will provide the necessary evidence and pursue getting your claim approved.
Step 8: Reach a Resolution or File a Personal Injury Lawsuit
The insurer might make a settlement offer right away. Don’t accept it right away. Talk with us about whether it is a fair offer. Many initial settlement offers are low. If your case is worth more, we can begin negotiations. At this time, we might go through mediation to try and resolve your claim fairly. But if we can’t reach a settlement, our next step is to go to court.
The Personal Injury Lawsuit Process
Step 9: File the Complaint
Lawsuits are initiated by filing a summons and complaint for damages. The complaint is a carefully written document that states your legal claims as the plaintiff. It identifies the alleged at-fault parties as the defendants. It also details the different types of compensation we ask to recover.
Step 10: Serve the Defendant
For a lawsuit to move forward, the defendant or defendants must receive proper service of process. This is known as being served papers. New York law dictates how a person or business must be served. If the complaint and summons to court are not delivered properly, then the defendants can ask for the case to be dismissed.
Step 11: Receive the Defendant’s Answer
The defendant is entitled to respond to the complaint. In the answer, the defendant denies the claims made in the complaint. The defendant might state one or more defenses. The answer is often shorter than the complaint. The defendant can make a counterclaim or bring in a third-party defendant at the same time. If the defendant fails to respond to the complaint, we might file a Motion for Default Judgment.
Step 12: Utilize the Discovery Process
After we file the complaint and the other party answers, the lawsuit enters the fact-finding stage called discovery. It accounts for most of the personal injury lawsuit timeline. During discovery, both sides exchange relevant information to gather any evidence that supports their positions. Common legal tools used during discovery are Bill of Particulars, Requests for Admissions, Interrogatories, and Requests for Production of Documents. Discovery also requires taking depositions, which involves people testifying under oath, outside of court, about the facts of the case.
Step 13: Retain Expert Witnesses
Discovery is the continuation of our investigation. As we learn more, we might strengthen our case and notice weaknesses. This helps us decide whether we need any expert witnesses. We might hire a medical expert to testify regarding your injuries, an accident reconstruction expert to testify regarding the cause of the accident, or an economic expert to discuss the financial consequences of your injuries.
Step 14: File Pre-Trial Motions
Pre-trial motions are how procedural issues and matters of personal injury law are established before trial. Both sides will set the parameters of what evidence will be admitted and which witnesses will testify. Either side might file motions asking the judge to decide whether a piece of evidence is admissible. The defendant might file a Motion to Dismiss and ask the judge to throw out the case. If we believe our evidence is strong and the defendant can’t dispute liability, we might file a Motion for Summary Judgment asking the judge to rule in your favor.
Step 15: Participate in Settlement Negotiations
Once discovery is complete, we might enter settlement negotiations. We might go through mediation or arbitration. Both are alternative dispute resolution methods that take place out of court. We will fight hard to reach a settlement that is fair and covers all of your damages and fees.
Step 16: Prepare for Trial
If we can’t reach an appropriate settlement agreement, then we prepare for trial. We carefully organize the evidence we will exhibit at trial. We work closely with you, the experts, and other witnesses who will testify at trial. We also work with witnesses to plan for what the defendant’s attorneys will ask.
Step 17: Participate in a Personal Injury Trial
If you have a jury trial, we first go through the voir dire process, during which jurors are chosen from a large pool of randomly selected local residents. Once the jury is selected, both the plaintiff and defendants’ lawyers present their arguments to the court. After opening statements, we present our case-in-chief by questioning witnesses and showing different types of evidence. When we are finished, the defense presents its evidence. At the end of the trial, the judge gives the jury instructions, and then the jury deliberates in private.
Step 18: Receive the Jury’s Verdict
Many New York civil cases only have six jurors, and only five of the six jurors have to agree. The jury can take as much time as it needs before returning a verdict. The jury will find the defendant either liable or not. If the jury decides in your favor, they also will decide how much compensation you receive.
Step 19: File an Appeal
If the jury decides in the defendant’s favor, we will immediately obtain and scrutinize a record of the case. We will look for any possible legal error that could be a basis for an appeal.
Do You Have Questions About the Personal Injury Claims Process?
If you have questions about how to move forward with a personal injury case, contact Hecht, Kleeger & Damashek, P.C. at (212) 490-5700 or through our online form. We offer free case reviews and have years of experience litigating serious and complex personal injury claims. We have recovered over $500 million for our clients.
CLIENT REVIEWS
09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
5
Harendra Gautam, HKD CLIENT
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
5
patricia Carnevale, HKD CLIENT
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
5
Deniece Buffaloe, HKD CLIENT
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
5
thabossladi87, HKD CLIENT
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
5
Stephanie Campos, HKD CLIENT
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
5
lisa kessler, HKD CLIENT
02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
5
Emily Weinstein, HKD CLIENT
02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
5
Jason Bauer, HKD CLIENT
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
5
VIRGINIA BOOTHE GORDON, HKD CLIENT
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
5
Richard Leff, HKD CLIENT
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
5
Larry Schatz, HKD CLIENT
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
5
Michael nessim, HKD CLIENT
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
5
Lisa Dawn Angerame, HKD CLIENT
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
5
Emily Halperin, HKD CLIENT
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
5
Didi Hutt, HKD CLIENT
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
5
Alan Levine, HKD CLIENT
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
5
Luljeta Chisolm, HKD CLIENT
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
5
Carter Martin, HKD CLIENT
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
5
Marisol Pitre, HKD CLIENT
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
5
peggy lamarre, HKD CLIENT
12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
5
Rene David Alkalay, HKD CLIENT
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
5
Kjanecaron, HKD CLIENT
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
5
Martin Munitz, HKD CLIENT
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
5
Dan Greenberg, HKD CLIENT
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
5
Ben S, HKD CLIENT
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
5
Linda Winikoff, HKD CLIENT
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
5
Peter Visconti, HKD CLIENT
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
5
Robert Dallas, HKD CLIENT
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
5
Jeffrey Jagid, HKD CLIENT
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
5
Kelvin Morel, HKD CLIENT
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
5
David Irwin, HKD CLIENT
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
5
Michael R., HKD CLIENT
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
5
Ryan G., HKD CLIENT
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
Eric G., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
Wendy B., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
5
Anonymous, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT