Injury accidents can have catastrophic consequences, from the physical pain you endure to the high cost of medical treatment and intense mental health challenges. How do you recover fair compensation and move forward in these circumstances?
For over 40 years, the Southwest New York personal injury lawyers at Fessenden Laumer & DeAngelo, PLLC, have helped people like you in the aftermath of severe accidents. We pride ourselves on our compassion and dedication to our clients while being relentless in our pursuit of justice. We know you have a lot on your mind after an accident, and we’re here to make life easier for you. We’ll handle your legal case while you focus on your medical treatment and planning your life’s next chapter. Call us today or complete our contact form for a free case review.
While you should let an attorney manage your personal injury case, knowing what’s ahead can provide peace of mind and help you understand what to expect. Below are the basic stages of most New York personal injury cases.
Initial Consultation
The process begins with a consultation with your personal injury lawyer. During the consultation, your attorney will review the details of your accident, assess your injuries, and determine if you have a valid case. This step includes discussing your goals and answering any legal questions you may have.
Investigation and Evidence Gathering
If you choose to proceed with a personal injury claim, your lawyer will conduct a thorough investigation by collecting evidence such as police reports, medical records, witness statements, and photos or videos of the accident. This initial investigation helps build a strong foundation for your case.
Filing a Claim
Once the investigation is complete, your attorney will file a personal injury claim with the appropriate insurance company or responsible party. This step initiates the formal negotiation process.
Negotiation and Demand Letter
As part of your claim, your personal injury lawyer will draft a demand letter outlining your losses and the compensation you’re seeking. They will then negotiate with the insurance company to reach a fair settlement.
Filing a Lawsuit
If negotiations don’t provide a satisfactory resolution, your attorney may file a lawsuit to pursue your claim in court. However, settlement negotiations can (and usually do) continue while the lawsuit unfolds, and you can settle out of court at any point before the trial verdict.
Discovery Phase
Both sides exchange evidence and information during discovery to prepare for a personal injury trial. This phase includes depositions (where witnesses or other parties answer questions under oath), bill of particulars or interrogatories (written requests for answers to legal issues related to the case), and requests for documents.
Mediation or Settlement Discussions
Many cases conclude before trial through mediation or further negotiations, as a settlement is usually preferable to the time, expense, and unpredictability of a trial.
Trial
If a settlement isn’t possible, your case will proceed to trial. Your lawyer will present evidence to the judge or jury, call witnesses, and advocate for you in court to secure a favorable verdict. If you win your case, the judge or jury will decide how much compensation you’ll receive. If you lose, you can file an appeal to try and reach a better outcome.
Your personal injury claim’s overall value depends on many factors, such as the extent of your injuries, their effect on your life, and your medical expenses. Our lawyers can help you seek maximum compensation for your losses, including money for:
While most New York personal injury cases end with an insurance settlement, the deadline to file a lawsuit still plays a vital role in your case. The threat of a lawsuit is a key piece of leverage over an insurance company, particularly if they won’t make a reasonable settlement offer. Insurance companies know trials are expensive and risky, which is why they usually prefer the certainty of a settlement. However, you lose that leverage if you miss the deadline to file a lawsuit.
Under New York law, the standard deadline to file a personal injury lawsuit is three years from your injury date. However, shorter deadlines may apply in certain circumstances, especially in cases involving medical malpractice or negligence by government agencies. We recommend you speak to a lawyer about your case as soon as possible so you don’t lose your right to seek compensation.
With an attorney, you can avoid making costly mistakes, such as accepting a low settlement or missing important deadlines. An experienced personal injury lawyer understands the tactics insurers and other opposing parties use, and they can level the playing field. Having someone on your side who knows the law helps protect you from being taken advantage of during this challenging time.
After an accident, trying to handle the legal process on your own can be overwhelming and stressful, especially when you’re recovering from serious injuries. Hiring a personal injury attorney means you have someone to protect your rights and advocate for your best interests.
An experienced personal injury attorney can handle the details of your case, saving you time and allowing you to focus on your recovery. Your attorney can gather evidence, interview witnesses, and consult experts to build a strong case on your behalf. They’ll also handle negotiations with insurance companies, which often try to minimize payouts or deny claims altogether. Having skilled legal representation makes you more likely to recover the full amount for your medical bills, lost income, and other losses.
When you’re struggling with severe injuries and expensive medical bills, you don’t need the added financial stress of hiring a lawyer. That’s why our personal injury attorneys work on a contingency basis. You don’t owe us anything unless we recover compensation for you. This way, you can afford a lawyer without adding to your financial burdens.
The personal injury lawyers at Fessenden Laumer & DeAngelo, PLLC, have extensive experience with many types of injury cases. Some of the accidents and injuries we can help you with include:
The sooner you speak to the team at Fessenden Laumer & DeAngelo, PLLC, about your case, the greater your likelihood of recovering maximum compensation for your injuries and other losses. Call us now or complete our contact form to begin with a free consultation. We have offices in Jamestown, Fredonia, and Olean, NY.
