A serious injury can have significant physical, emotional, and financial consequences that haunt you for life. When someone else’s negligence is the cause, you are entitled to monetary compensation through a personal injury claim. Your case will usually start with an insurance claim. If the insurance company denies it or makes a lowball offer, you may have to file a lawsuit to recover fair compensation.
A successful lawsuit requires meticulous preparation and significant resources. The personal injury claim process is often lengthy, with multiple deadlines and documentation requirements. Our experienced New York personal injury lawyers can take the stress out of the process by handling everything while you focus on recovery. We are real New Yorkers with decades of combined experience. Contact us online or call (855) NYC-HURT to schedule your free consultation.
Filing a Personal Injury Claim
When you are injured because of someone else’s negligence, you may be entitled to significant compensation. However, you must go through a personal injury claim process and prove that the other party owed you a duty of care, breached that duty, and injured you.
Paperwork Requirements
The specific documentation you will need depends on the type of incident that led to your injuries. For example, if you were in a car accident resulting in injury or $1,000 or more in damages, you must file a crash report with the DMV within 10 days. Similarly, if you were injured on a commercial property, you should file a report with the owner or manager.
Insurance Companies
Filing an insurance claim is normally the first step in a personal injury case. Insurance companies take advantage of injured claimants by wrongly blaming them, minimizing their injuries, and stalling payment. Our legal team is here to push back against these tactics. We are a firm unlike anything else out there. You can count on us to power through the nonsense and find the top.
Procedural Requirements and Deadlines
Every personal injury case type has specific requirements. For example:
- You must file a notice of claim and go through a separate claims process if a government entity is liable.
- In a medical malpractice claim, you must obtain a Certificate of Merit.
- In an automobile accident claim, you must file a claim with your no-fault insurance. You must also meet the serious injury threshold or suffer at least $50,000 in economic damages before you can file a claim with the other driver’s insurance.
You must file your lawsuit within the time frame established by the New York statutes of limitations. You normally have three years to file most personal injury claims, but multiple exceptions could shorten your deadline.
Meeting these requirements can be overwhelming when coping with injuries. With our supportive New York personal injury attorneys on your side, you won’t have to do any of the legal footwork. We will handle it all while you focus on getting better.
Borough-Specific Filing Trends for Claims Against New York City
6,289 claims filed (highest per capita rate at 464 claims per 100,000 residents)
4,001 claims filed
3,485 claims filed
2,489 claims filed
533 claims filed (lowest per capita rate at 109 claims per 100,000 residents)
The Investigation Process
Before filing your lawsuit, you will need a detailed case investigation to identify all liable parties and gather evidence. We work with a network of accident reconstructionists, medical experts, vocational specialists, economists, and others to:
- Visit the site
- Collect evidence
- Interview witnesses
- Look for security camera footage
- Determine the cause of the accident
The Settlement Process
Your attorney will normally initiate settlement negotiations by sending a demand letter to the at-fault party’s insurance company, which explains the at-fault party’s liability for compensating you. Among other things, your damages may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
The insurance company may agree to settle for the full amount, but this is rare. More commonly, it will send a lowball counteroffer. In most cases, the counteroffer will not come close to covering all of your losses.
We will keep pressure on the insurance company to pay fair compensation. It can take several months to reach a settlement. If your case goes to trial, the timeline could be extended to a year or more.
Pre-Litigation Risk Management for Government-Related Claims
If the state or local government is liable for your injuries, you cannot file a lawsuit unless you file a Notice of Claim within 90 days after the incident. The defendant will investigate your claim to determine whether it caused or contributed to your injuries. If they determine that they owe you compensation, they may offer to settle.
If you accept the settlement, you release them from further liability. Otherwise, you may proceed with a lawsuit. The filing deadline is one year and 90 days from the date of the incident. In 2023, 41 percent of personal injury claims against the City of New York were settled in pre-litigation.
Borough-Specific Settlement Data for Claims Against New York City
- Bronx: $197.5 million in payouts
- Brooklyn: $172.8 million in payouts
- Manhattan: $145.4 million in payouts
- Queens: $100.9 million in payouts
- Staten Island: $29.3 million in payouts
If a Settlement Cannot Be Reached
If it becomes clear that the insurance company will not offer a settlement that covers your damages, your attorney can file a personal injury lawsuit on your behalf. Our award-winning attorneys at Chopra & Nocerino are serious trial lawyers who refuse to back down. When you are seriously injured, you deserve more than a fraction of someone else’s insurance policy limits. You deserve full and fair compensation, and we are prepared to take your case to trial and fight for every penny.
Filing a Lawsuit
We will file your lawsuit against the at-fault parties and their insurance companies in the appropriate court. A process server will deliver a copy of the lawsuit to each defendant.
Trial Preparation
We prepare every case as if it is going to trial. Before filing your lawsuit, we will do the following to ensure we have strong evidence to support your allegations:
- Investigate your accident
- Review your medical records
- Gather evidence to present in court
- Interview witnesses
- Prepare you to testify
Discovery
The first phase of the lawsuit process is discovery. During this phase, both sides request evidence from the other, such as medical records and company documents. The court can also compel each party to turn over evidence if they are not forthcoming.
Depositions also occur during discovery. A deposition is an out-of-court meeting between opposing parties and their attorneys. Each side’s sworn testimony may be required. We will prepare you ahead of time so you will know what to say.
Mediation
Mediation is a form of alternative dispute resolution facilitated by a neutral third party. It is normally not mandatory in civil cases in New York, but both sides may save time and money by participating. Settlements reached during mediation are generally confidential. Your attorney can advise whether mediation is a good option in your case.
The Trial
If your case goes to trial, attorneys for both sides will have the opportunity to:
- Give opening statements
- Present witnesses
- Cross-examine witnesses
- Give closing statements
In New York, civil juries consist of six people. The jury’s job is to weigh the evidence and determine whether the defendant is liable for your injuries. If the jury determines the defendant is liable, it must award damages and include an itemization that specifies what the damages are for (e.g., lost wages, medical expenses, pain, and suffering). Judges have some discretion to reduce damages they deem excessive.
Finalizing the Claim
If the verdict is in your favor, your attorney collects compensation from the defendants. Before forwarding your compensation, your attorney may satisfy outstanding obligations you incurred while your case was pending. For example:
- If you were unable to pay for medical treatment, your doctors may have agreed to provide care with the understanding that you would pay once your case is resolved (i.e., a medical lien).
- If you were unable to pay obligations to a government entity, the Comptroller’s Office will be entitled to collect these debts from your compensation. In 2023, the New York Comptroller’s Office collected $7.5 million from claimants with outstanding obligations, including $4.6 million in Medicare/Medicaid liens, $1.4 million in child support arrears, and $942,897 in parking violation judgments.
- We work on a contingency fee arrangement, which means you only pay if you win. We collect our fees and costs from your compensation.
Once these payments are made, we will forward the remaining compensation to you. You will usually receive your compensation within a few weeks after a settlement or verdict. However, if the defendant appeals a verdict, the timeline will be extended.
Let Chopra & Nocerino Handle Your Personal Injury Claim Process From Start to Finish
A successful personal injury lawsuit requires evidence that proves the other party’s fault and your damages. You must file your lawsuit before the statute of limitations expires and complete the documentation requirements. Once a lawsuit is filed, your case enters the discovery phase. If a settlement is not reached, a jury will render a verdict stating whether the other party is liable for your damages.
The last thing you need when you are injured is a lengthy fight with a stubborn insurance company. We are changing the perception of law with our no-nonsense approach. Our Long Island personal injury lawyers will take on your fight, and you won’t have to do anything except focus on your medical treatment.
You risk nothing by contacting our award-winning New York personal injury lawyers. You pay nothing unless we win your case. Contact us online or call (855) NYC-HURT today for a free case review.
