With regard to personal injury lawsuits, you've probably heard of “settlements” or “recovered verdicts for the injured. You may have heard that a personal injury trial is a jury trial. In most cases that go to trial, it is a jury that decides who wins the case. The jury decides if the other party has legal liability.
They also determine the amount of compensation you deserve. Personal injury cases are generally heard in state courts. However, there are some cases that can be tried in federal court. But just because a case can be filed in federal court doesn't mean it should be.
In the more than 30 years that I have practiced as a personal injury lawyer, I have found that the rules and limitations of the Federal Court are generally hostile to injured plaintiffs. The Complaint is the document that details your allegations regarding how you were injured and the extent of your damages. It usually occurs in the county where your injury occurred or where the party who injured you (the defendant) resides. After filing, the Complaint is personally notified to the Respondent (served to).
The defendant must “respond to the claim” within a certain period of time, usually 30 days. The “Answer” is the document in which the Respondent admits or denies the Complaint's allegations. Learn about the personal injury lawsuit process and read about the most common types of personal injury cases. The steps below describe the various stages of a personal injury lawsuit, from the initial consultation with an attorney to the resolution of your case.
That's why some personal injury lawyers or car accident lawyers only take cases if they're 100% sure they can reach a settlement without going to trial. Meeting with a Personal Injury Attorney If you have been injured due to someone else's carelessness, the first step, after receiving medical treatment, is to consult an experienced personal injury lawyer to get a professional opinion on whether you have a valid claim. As such, car accidents account for the vast majority of personal injury claims across the country. Whether you make a personal injury settlement or go to trial, you should consider the associated pros and cons.
If a loved one was injured or lost due to someone else's carelessness, you may be able to receive compensation through a personal injury lawsuit. A personal injury lawyer needs to know the exact details of your case to offer you a reasonably accurate amount of what your claim is worth. A personal injury lawyer who has experience in New York lawsuits and has negotiated countless settlements will be able to determine the full extent of damages and losses. In addition, they will use all the tactics and resources at their disposal to freeze your personal injury claim agreement, while you are forced to bear the growing medical and other expenses.
For anything other than a very minor claim, it's usually a good idea to talk at least about your situation with a personal injury lawyer. Most personal injury cases in New York are resolved during one of the pre-trial stages, where all parties involved meet before a judicial officer, trial judge, or magistrate. Resolve Your Case Before Filing a Lawsuit Many personal injury claims are resolved before a lawsuit is filed. Make sure your personal injury lawyer has practical experience handling cases like yours and a proven track record of success.