If you’re up to the steps necessary for filing a personal injury lawsuit in New York your patience with the at-fault party’s insurance company is probably wearing pretty thin.
You’ve sat through countless hours of negotiations without reaching an agreement; tempers are getting short and everyone involved in the process may be starting to lose their patience. Filing a lawsuit in civil court is usually the last step in a personal injury claim process.
To help guide you through this process, this piece is going to take a closer look at the steps involved in filing a personal injury lawsuit in New York state.
How to File a Personal Injury Lawsuit in New York
There’s a process you need to go through if you’re seeking compensation for damages sustained. If you’re willing to accept the insurance company’s initial offer, you can skip all of the steps, including filing a lawsuit.
Once you accept a settlement offer, the personal injury case is considered closed, and there aren’t any exceptions to this rule. This means that if your damages continue increasing after accepting the settlement, you can’t go back and refile a claim, and this also applies to your lawsuit. Your case will be dismissed by the court since you already settled with the insurance provider.
So, should you consider accepting an initial settlement offer? The answer typically depends on the severity of the accident. If there aren’t any injuries and you only want to repair a dented fender, accepting a check probably isn’t a bad idea.
However, if injuries are present and/or vehicle damage is extensive, it’s usually a good idea to decline the initial offer. Wait until you’re finished calculating your damages before thinking about agreeing to an offer from the insurance company.
If you’re planning on moving forward with your personal injury claim, here’s a look at the steps you need to take. Hopefully, before you get to the step where you file a lawsuit in civil court, you’ve managed to reach an agreement with the at-fault party’s insurance company.
Pay Attention to the Statute of Limitations
The statute of limitations in New York for personal injury claims is typically two or three years, depending on the type of accident.
If your damages stem from a car accident, you have three years to file a claim from the date of the incident. If your injuries are the result of an attack, your statute of limitations is two years. You have three years to file an injury claim if the incident is caused by someone’s negligence.
If you miss the statute of limitations deadline, you may not be able to file a claim for compensation with the insurance company, which also affects your ability to file a lawsuit. The courts will most likely reject your case since you missed an important filing deadline.
There are some exceptions to the statute of limitations, but most only apply in specific instances. For example, minors have an extended deadline. If your injuries leave you temporarily unable to participate in your case, the statute of limitations may also be extended.
Make an Immediate Appointment with a Physician
Going to the doctor is rarely anyone’s idea of a good time, but it’s a necessary step if you plan on filing a personal injury claim. After all, you need to provide proof your accident resulted in injuries.
You can’t just claim you sustained injuries, the insurance provider will request proof before looking at your claim. The same is also true if your claim turns into a lawsuit, as the court is going to request your medical records.
Along with providing proof of your injuries, the visit to the doctor serves another purpose. Not all injuries are immediately apparent. Sometimes, it can take several days or weeks before you realize you’re injured, and soft tissue injuries are examples of this.
These types of injuries often take a while to start displaying noticeable symptoms. Being proactive about your health is the best way of detecting any injuries.
Notify the Insurance Provider
When you’re injured in an accident in New York, you file a claim with the at-fault party’s insurance provider. After filing a claim, the next step is to start gathering evidence to support your case. This typically includes your medical records, property damage estimates, and an official accident report. You can pick up a copy of your accident report online or at any police station.
Your report should be ready in about a week and there is a small fee to obtain a copy, which is also when you should start calculating your damages. These can include both economic and non-economic damages. Your non-economic damages are typically items like mental anguish, pain, and suffering, while economic damages are medical expenses, property repair and replacement costs, and even lost income.
As you’re calculating your total damages, you may receive a settlement offer from the insurance company. While it’s up to you if you accept the offer, the best advice is to wait until you know the full extent of your expenses.
Send a Demand Letter and Start Negotiations
If you haven’t retained legal representation, now’s the time to hire an attorney. Your attorney can send the settlement demand letter to the insurance company to start the negotiation process. The demand letter from your attorney will outline the following:
- How the defendant’s actions are responsible for the accident
- Details about your injuries and property damage
- A description of the law relevant to your case
- The specific amount you’re seeking in damages
After the insurance company reviews your demand letter, the negotiation process starts. Don’t be surprised if you go through a few rounds of negotiations. This is normal and hopefully, you’ll reach an agreement. If you can’t reach an agreement, the next step is filing a lawsuit.
Going Through A Personal Injury Lawsuit in New York
When you can’t reach a settlement agreement with the at-fault party’s insurance company, your attorney will prepare and file a personal injury lawsuit. Your case will go through a discovery phase and several pre-trial motions before eventually heading to trial.
A judge or jury will reach a verdict and then you may need to sit through the appeals process. If your personal injury claim does become a lawsuit, you want to have an experienced attorney by your side.
