Whether it happened on the job or on a busy city street, someone else’s negligence should not limit your earning potential or ability to live a productive life. A New York personal injury claim offers you a path towards putting your life back together, but the value of your settlement or award will depend on the decisions you make now.

Get the Most Out of Your Claim

When you work with Hecht, Kleeger & Damashek, P.C. you can move through the claims process with confidence, knowing that everything possible is being done on your behalf.

We’ll Investigate What Happened

Many times, you will know precisely what caused your accident and who is to blame. In other cases, things may not be so clear. Our personal injury lawyers are not interested in quick, cookie-cutter injury settlements where we shuffle some papers and get you a check. Instead, we begin every personal injury case with an exhaustive review.

We will immediately locate key witnesses, obtain statements, take photographs and preserve other evidence before it disappears. This is how we determine if a driver was distracted by their phone, driving under the influence, or whether a contractor ignored safety measures to rush a job. Once we know exactly what happened, we’ll identify the liable parties and pursue claims against any insurance policy that may apply.

We’ll Deal with the Insurance Company

When you’re injured, insurance companies and their representatives will rush to contact you. They will appear friendly and dedicated to getting you compensation quickly. However, these companies’ only goal is to pay out as little as possible and the impact of your injuries may take time to fully appreciate.

You have the right to postpone speaking with an insurance company until you have consulted a lawyer or to have an attorney present. Let us handle these communications so you are protected from anything that could limit what you recover, and any offer is sufficient to meet your needs – now and down the line.

We’ll Document Everything

People often feel they are fine after an accident, but injuries can appear days or weeks later. Medical care is almost always necessary. We will request documentation from your medical providers and make sure we have evidence of all of your losses.

We’ll File Your Claim & Negotiate for What’s Right

After we compile your various damages, the next step in your New York personal injury claim is to notify the liable parties and their insurers. This may involve making an initial demand for compensation and entering into a process of “back and forth” with offers and counter-offers until an agreement is reached or a lawsuit is filed.

Because of our ability to find evidence and insurance policies that others may overlook, our lawyers are the ideal candidates to negotiate for the highest possible result.

New York Personal Injury Lawsuits

While most injury claims settle out of court, sometimes the parties do not agree or the circumstances require a lawsuit from the beginning. This is usually to preserve critical evidence or to seek justice for the harm done to you.

Regardless of your injury or situation, by understanding the New York personal injury trial process you can make well-informed decisions and increase your chances of success in a personal injury lawsuit.

Step One: Filing the Complaint

Lawsuits are initiated by filing a Summons and Complaint for damages. This is a carefully written document that articulates your legal claims as the plaintiff, identifies the alleged at-fault parties as the defendants, and details different types of compensation we are seeking to recover.

Step Two: The Discovery Phase

After the complaint is filed with the court and the other party has a chance to respond, the matter will enter the fact-finding stage. This accounts for the majority of the personal injury lawsuit timeline.

During discovery, both sides will exchange pertinent information, documents, and reports to gather any evidence that solidifies their position regarding liability. This also often requires the taking of depositions, which involves testifying under oath regarding the facts of the case.

Step Three: Motions & Pre-Litigation

This is where procedural issues and matters of personal injury law will be established prior to trial. Both sides will set the parameters of what evidence will be admitted and which witnesses will testify.

Step Four: Litigation & Trial

If a resolution is not reached, both the plaintiff and defendants’ respective legal counsel will present their arguments to the court. This means putting the contested issues of fact and liability to be decided by a judge or jury.

Step Five: Verdict

Once both sides present their cases, the judge or jury in your lawsuit will make a determination about liability and how much compensation to award.

Hecht, Kleeger & Damashek, P.C. prepares every case as if it will proceed to trial. This strengthens our position to negotiate and puts insurers on notice that they cannot simply make your case go away.

How Long Do Personal Injury Claims Take?

The duration of a personal injury claim varies depending on specific circumstances, legal issues, and other factors, making it impossible to predict an exact timeline. Initially, the claim involves filing with the responsible party’s insurer. If a fair settlement isn’t reached, litigation in civil court is the next step, starting with filing a lawsuit and drafting a detailed complaint.

This is followed by pre-trial and discovery processes, where both parties gather further information, and may include depositions and court hearings. Finally, the case culminates in a trial, where evidence is presented and a judge or jury issues a verdict. The entire process involves various stages and legal tasks, each adding to the overall timeframe of the claim.

Shared Fault & Comparative Negligence

In some personal injury cases, the alleged at-fault parties may claim that you share all or a portion of the blame for the incident that caused your injuries. This is a common approach to reduce what large insurance companies pay out as compensation. If they can establish that you share some level of responsibility, it can affect the total amount you can receive.

New York follows a “pure comparative negligence” rule, which means the compensation you are entitled to will be reduced by your degree of fault. If you suffered $1,000,000 in damages, but the court determines you were 10% at fault, you can still recover compensation, but only up to $900,000 or 90 % of the total.

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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.

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Contact HKD About Your NY Injury Claim

At HKD, we know that your degree of fault is open to interpretation, what tactics insurance companies use to reduce or deny liability, and what it will take to ensure you get fair and full compensation. If an insurance adjuster is pressuring you to accept their first offer or you have questions about how to properly handle an injury claim, do not agree to anything before speaking to a knowledgeable personal injury attorney.

For a free, no-obligation consultation, call 212-292-4339 today. We are available 24 hours a day, seven days a week.

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