The time table for any lawsuit can vary greatly depending on what type of personal injury you have, the amount of your medical expenses, and how willing the other party is to reach a settlement.
Who is the At-Fault Party?
There are a few different kinds of personal injury lawsuits. You can sue for personal damages in a slip and fall case, or sue a doctor for medical malpractice. Even though New York is a no-fault state for auto insurance, you can still sue for damages in a car accident in some cases such as wrongful death, sprains, or permanent disfigurement.
There are a few time-consuming things that you must do when you have been injured in an accident. You must notify your insurance company right away. They will have 30 days to review your case and determine how much they will pay. If you feel that amount of money is unfair, you and your personal injury lawyer in New York will decide whether or not you want to sue.
If you decide to sue, you will want to begin documenting your case. You must have yourself examined by a doctor and begin any recommended medical treatments. Statements from the doctor and medical bills can be used as evidence in court. You must get your employer to document any time you have missed from work due to your accident. You will also want to obtain a copy of the accident report and talk to anyone who witnessed the incident. Gathering this evidence can take up to several months.
What Records Need to be Subpoenaed?
If you go to court, you may need documentation from the defense, and they may not want to give it to you. For example; if you are suing a store for a slip and fall injury you may want to take a look at their security video or take a look at construction records for the building. If you need those records for your case, your attorney may request a records subpoena. It can then take up to 15 days to get the requested paperwork.
Once you have all of the evidence you need, you will be ready to go to court. Depending on its size and nature, a personal injury suit can take several years to get a court date.
Deciding for How Much to Settle
Whether your personal injury attorney can get you a settlement offer, or decide to go to court, you have to ask yourself, “what is a fair price for my injury?” You and your attorney should go over all of your bills and decide which medical problems are a direct result of the accident.
Choosing a New York Personal Injury Lawyer
A good personal injury lawyer in NYC will have enough time to devote to researching your case. They will have the years of experience in New York State accident law and they will have an excellent reputation with the state bar, like the firm of RMFW law in Queens. The right representation can mean all the difference in getting you the money you deserve.
*Sources: https://chancellor.berkeley.edu/about/offices/legal-affairs/FAQs#t19n294 https://www.newyorker.com/magazine/2019/04/15/what-do-the-churchs-victims-deserve
