W&L Team If you’re wondering how to file a personal injury claim, we can help. Specifically, if you’re looking to file a personal injury claim in New York, we encourage you to read on.
Introduction
Andrew and Sarah had found what seemed like the ideal assisted living facility for Andrew’s mom, Clara. But it wasn’t long before they suspected something wasn’t right. They found bruises on Clara’s legs and wrists, and what seemed like an untreated wound on her shoulder. Clara couldn’t remember how she’d hurt herself. And explanations from her assisted living facility seemed vague at best.
That’s when the couple turned to an experienced attorney. They wanted to know how to file a personal injury lawsuit but had no idea what to do.
If your or your loved one’s injury or accident occurred in New York, you need to hire an experienced New York personal injury attorney.
Were you or a loved one injured because of someone else’s negligence?
Get a Free Case ReviewFiling a Personal Injury Claim: Step-by-Step
Here are the steps in filing a personal injury case.
1. You can start by doing a little research on personal injury attorneys in New York. Then make a few calls to get a sense of what each firm is like. Ask basic questions about the types of cases they’ve handled, their history of successes, and their approach to working with and communicating with their clients. At Weitz & Luxenberg, our initial consultation is free.
2. Hire the law firm with the attorneys who seems like a good fit for you.
3. Once you’ve hired the right team for you, the ball is in our court. We file the personal injury lawsuit on your behalf. We also inform you of the steps we expect to follow in your case.
4. Very early on, your attorney asks you to provide as much evidence as possible. For example, if it was a car accident, your attorney needs a copy of the police report, photos of the accident and your injuries, and copies of medical bills. Information about your car insurance or health insurance may also be helpful. This includes with any texts, emails, phone messages, or letters you receive from your car insurance company, your health care insurance, any hospital, and all health care treatment providers.
5. You describe your situation in a deposition — your testimony. Your deposition is shared with the company you are suing.
6. Most legal cases require a lot of time. Highly complex cases take longer to resolve. This can be months — even years. For example, litigation is more complex if you had a traffic accident involving multiple vehicles and where injuries leave you permanently impaired.
7. Trials take a long time. Just setting an initial trial date could take months, if not a year or more (depending upon the county in which the lawsuit is pending). Then there is the trial itself. The jury listens to the evidence presented by your lawyer, and the legal team of the company you are suing.
8. When you win a lawsuit by a jury verdict, the company you are suing often appeals the case. This can go on for years.
Weitz & Luxenberg handles these types of legal cases:
- Accidents: Individuals and businesses may be legally responsible for not taking reasonable measures to keep people safe.
- Negligence: If someone else’s actions, or lack of actions, lead to your injury, you can sue the person or the business.
- Physical injuries: You can be injured physically and also emotionally.
Need legal assistance for a pain and suffering case? Speak to an experienced attorney today for a free case evaluation.
(833) 977-3437Frequently Asked Questions
Most people have many questions about the personal injury lawsuit process. Here are some answers to your questions.
How Do I Know if I Have a Valid Personal Injury Claim?
Interview several possible lawyers at different law firms. An initial consultation is free at Weitz & Luxenberg and often at other reputable law firms.
What Types of Accidents or Incidents are Typically Covered by Personal Injury Claims?
Slip and fall accidents, car accidents, mass transit accidents, construction accidents, and typically all qualify for a personal injury claim. (1)
In cases involving automobile accidents, you must provide documents showing that you suffered “a basic economic loss” over $50,000. Or, you must provide documents showing that you suffered serious injury leading to: (2)
- Death.
- Dismemberment.
- Significant disfigurement.
- Fracture.
- Loss of a fetus.
- Permanent loss of use of a body organ, function, or system.
- Permanent consequential limitation of a body organ or system.
- Significant limitation of use of a body function or system.
- Temporary injury or impairment that prevents you from performing your daily activities for 90 or more days within the first 180 days immediately following your injury or impairment.
How Long Do I Have to File a Personal Injury claim After an Accident Occurs?
In New York, you have 3 years from the time of your injury, accident, or diagnosis.
What Evidence Do I Need to Gather to Support My Personal injury Claim?
Provide as much documented evidence as possible, including photos, medical records, bills, and all correspondence relating to the accident and your injuries.
Should I Speak to the Insurance Company Before Consulting with a Personal Injury Attorney?
No. First, seek immediate medical treatment. Then consult with an attorney. Your attorney contacts your insurance company.
Can I File a Personal Injury Claim if the Accident was Partly My Fault?
Yes, depending on the specifics of your circumstances. In fact, Weitz & Luxenberg filed a claim for a client who was seriously harmed due to structural defects in his apartment building. This man was also drunk, but his injuries were severe. We secured a multimillion-dollar settlement on his behalf.
Weitz & Luxenberg Is a Personal Injury Law Firm
If you are wondering how to file a personal injury claim, speak with an experienced attorney, like the ones at Weitz & Luxenberg. If your accident and injuries occurred in the New York metropolitan area, we can file a personal injury claim in New York on your behalf.
Weitz & Luxenberg has nearly 40 years of experience handling personal injury claims. Plus, we have a solid history of winning. We invite you to contact us for more information by calling (833) 977-3437 or filling out our form on this page.
