While most personal 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.
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 212-490-5700 to schedule a free consultation with an experienced personal injury lawyer.
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.
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.
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.
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.
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.
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.
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.
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 212-490-5700 today. We are available 24 hours a day, seven days a week.
“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…
“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…
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…
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…
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…
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…
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.
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…
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…
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.