Suffering a personal injury is distressing, especially when seeking compensation from those responsible for the damage. Filing a claim is one way of getting the compensatory award you deserve.
You have the option to hire a personal injury attorney in New York City. But the claim doesn’t need to end in a lawsuit. Learn the differences between minor and major claims and decide on the best course of action.
What is a Personal Injury Claim?
A person suffering an injury (body or mind) due to someone’s purposeful act or negligence is considered a personal injury. These include traffic accidents, slips, and falls, wrongful death, workplace injury, product liability, assault, or medical malpractice.
With the legal system, challenging as it is, many personal injury claims are settled out of court. Experienced personal injury attorneys know how to avoid lawsuits and get the best outcome for the case.
Major or Minor Personal injury
When discussing injuries, you must distinguish between minor and major personal injuries.
Major personal injuries are those involving accidents resulting in permanent damage, loss of bodily function, dismemberment, or in some cases, death.
Muscle or ligament sprains or pulls belong to minor personal injuries. In general, these include injuries to the soft tissue. Regardless of the type of injury you’ve sustained, if another person’s actions caused it, it becomes grounds for filing a personal injury claim.
In many cases, meaningless pain can become a huge medical problem only days after an accident. That’s why it’s essential to seek medical attention and identify potential issues in the face of an accident, even if you deem it unnecessary.
Personal Injury Claim Process
Every personal injury claim process has to go through several phases that may speed up or slow down the process. After suffering a personal injury, the first thing to do is hire a personal injury attorney.
Reach out to an attorney who is experienced in handling personal injury cases. A team of professionals is an even wiser option, given the all-hands-on-deck service.
The initial consultations with most personal injury attorneys are free of charge, but you’ll need to check that with whomever you choose.
Personal Injury Case Initiation
Once you’ve hired the attorney, they will initiate an official civil lawsuit and file a complaint containing the case details and the compensation amount. The negligent party will be notified of the lawsuit and given a copy of the complaint.
The attorney must identify the statute of limitations stipulating how much time you have to file a lawsuit. This varies between states, but typically it’s between one and three years. In New York, claimants have three years from the date of the injury to go to court and file a personal injury claim.
Discovery Process
The pre-trial process, wherein parties exchange information, is called discovery. This information includes medical and police reports, security footage, or company emails. This process also allows for depositions when both parties cross-examine witnesses and question each other. There must be a written record of the testimonies taken by a court reporter.
Court Motions
Pre-trial motions are filed by both parties requesting a ruling on issues like the proper venue or discoverable documents. They can be filed soon after the complaint filing and continue until the trial starts.
Negotiating a Settlement
Many personal injury compensation claims are settled even before the case proceeds to trial. Initiating settlement negotiations is possible right after the initial discovery. The settlement may be carried out informally or through the formal process of arbitration or mediation. In any case, your approval or rejection of the offered payment is a must.
Going to Trial
If you don’t settle the case via settlement negotiations, it will go to a civil trial where a jury and judge will examine the evidence. They will assess whether the insurance company or the defendant is legally liable to pay the plaintiff personal injury compensation.
Personal Injury Claims Valued by Insurance Companies
Insurance companies have their way of determining the compensation amount of your claim.
They take into consideration several factors and use damage formulas. The formula stipulates the liability, type of injuries, and damages. This includes calculating the amount needed to compensate an injured person for a minor or major injury.
Insurance companies are always looking to discredit someone to hang on to their money. They will look into the reputation, character, and plaintiff’s criminal history and use anything they find against them. They also look into the plaintiff’s legal counsel and foresee the costs for the insurance company. Insurance companies weigh whether it’s better to pay the injured party or fight with their attorney.
Breakdown of Compensatory Damages
Insurance adjusters consider many aspects other than medical expenses to determine the final compensation figure.
Here is a list of the compensatory damages you may be entitled to.
- Medical treatment – This covers the costs to care for the injuries related to the accident. It includes reimbursements for treatments already received or might be required in the future.
- Emotional distress – Although it is challenging to prove the psychological impact of the accident, you may be able to get compensation. Lack of sleep and high anxiety after the accident are just a few conditions personal injury victims may encounter.
- Property loss – You may be compensated for financial losses resulting from damage to property such as land, vehicles, clothes, or other damaged items.
- Income loss – Serious accidents may prevent you from returning to work and earning a living. You may receive compensation for the period you could not work after the accident due to the injuries. If the injuries are severe, you may be compensated for losing earning capacity.
- Pain and suffering -These are non-economic damages that include the physical discomfort and emotional distress caused by the accident. It may also refer to any future physical pain, mental anguish, stress, and inconvenience.
Work with a Personal Injury Attorney in New York City
Don’t put your energy into fighting insurance companies and other attorneys yourself. Hire a personal injury attorney in New York City and let them handle your case so you can focus on recovery.
At Aminov Law Group P.C., we present you with all legal options at hand and help you find a way to maximize your compensation. Book a consultation today and let us help you build a strong case.