The idea of filing a personal injury lawsuit in New York can be daunting. But it is sometimes the best option. Preparing your case for court from the start lets your attorney build the best possible argument. It also shows those at fault and their insurance company that you are serious and won’t be pressured into accepting less than what’s right.

If you or a loved one have been injured in New York and want to discuss a possible personal injury claim or lawsuit for the compensation you rightfully deserve, call 212-292-4339 to schedule a free consultation with an experienced personal injury lawyer.

Personal Injury Trials & Lawsuits

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 1: 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 2: 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 3: 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 4: 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 5: 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.

Our injury attorneys prepare 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.

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Defending Against 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 payout 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.

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. By preparing cases for trial from day one, collecting all the available evidence, and aggressively fighting for your interests, we’ll be ready when they claim you share all or a portion of the blame for your injuries.

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Contact HKD to Discuss a Possible Lawsuit

At HKD, we’ll make every effort to resolve your case before a trial is necessary. However, by working with a highly experienced and successful trial attorney from day one, who prepares every case as if a trial is inevitable only works to your advantage.

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 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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