A lawsuit for personal injury is an expensive process, but the outcome could be worth it. You can sue for negligence in court or through a process called “an action of cure.”
To file a lawsuit for negligence, you must have suffered harm due to the wrongful acts of another person and have grounds to bring suit.
In order to file an action of cure, you must be able to prove that the harm you are experiencing was not a result of any negligent act. In order to file a lawsuit for personal injury in New York, talk with a New York personal injury lawyer about whether your case is eligible for relief under New York law.
For example, if your claim is against someone who caused your injury by driving recklessly on a public roadway and crashing into your car, then it would be considered an intentional tort and wouldn’t qualify for relief under New York law.
On the other hand, if you were injured by someone who drove carelessly on private property or home without permission from the landowner. Then your case would be considered negligence and eligible for relief under New York law.
Filing a lawsuit
In order to file a lawsuit, you must file a complaint with the New York Civil Court. The court will then investigate the case and decide if there is enough evidence to support your claim that you were injured. If the court finds enough evidence, they will assign a presiding judge to preside over your case.
A plaintiff’s attorney will represent you during litigation and help you in understanding how to proceed with your case. If a defendant responds to your lawsuit, the presiding judge will hear all arguments between both parties and make a judgment call on whether or not there should be an award for damages related to negligence.
The cost of this process varies depending on the circumstances of each individual case, so it is important for consumers to learn more about legal proceedings before filing a suit.
The process of a lawsuit
If you decide to sue for personal injury in New York, the first step is to speak with your lawyer. Your lawyer will review your case and tell you what it will take to file a lawsuit for personal injury in New York.
If you are successful, the law requires that the defendant be notified of your lawsuit within one year of filing it. That notification must include a demand for admission of liability. The defendant must also provide an opportunity for mediation before the trial begins. If they refuse to agree to mediation or mediation fails, then the trial will proceed.
Once the trial starts, it will consist of three phases:
- Appellate Review Board (ARB)
- Supreme Court Review Board (SCRB)
This is where most litigation happens because this phase determines whether your case is eligible for monetary compensation or not.
What to expect in a personal injury case?
First, you will need to establish what type of damages are at issue.
If you want damages related to medical expenses, lost wages, or any other kind of financial loss – you will be sued in New York.
If you want an award for pain and suffering or emotional distress damages – you may have a stronger claim in a personal injury case.
These types of damages can be difficult to prove in a civil court because they often rely heavily on the testimony of the plaintiff.
If your case is based on negligence, it is reasonable for you to assume that the same actions responsible for causing your injuries could cause future harm to others.
That is why it is important to gather evidence as soon as possible after the accident so that you can develop your case effectively.
One way you can do this is by taking photographs at the time of the accident and before treatment begins so that all necessary documentation from your medical providers will be available before the trial starts.
Although New York personal injury law is complicated, it can be overwhelming to try to understand the process on your own. You may have a wide variety of questions that you need to be answered by a professional.
You can speak with an experienced New York personal injury attorney to get answers to these questions. The lawyer will also be able to help you navigate the system and work on your behalf.
A lawyer can explain how the Personal Injury Claims Act works, what claims are available, and how much time you will have for filing them. This gives you an opportunity to make decisions about whether or not a lawsuit is necessary and what type of claim might be most helpful for your case.
The cost of hiring an attorney varies greatly depending on location, experience, demand, and other factors so contact a lawyer in your area for more information on fees and costs associated with personal injury litigation in New York.