When you're injured due to someone else's negligence in New York State, the path to recovery can be complex and overwhelming. Medical bills pile up, you may be unable to work, and insurance companies often prioritize their bottom line over your wellbeing.
During this challenging time, having a dedicated personal injury attorney by your side can make all the difference between receiving fair compensation and being left with financial burdens that compound your physical suffering.
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At the Porter Law Group, we understand the intricate nature of personal injury claims throughout New York. With decades of experience helping injured individuals navigate these difficult waters, we've created this comprehensive guide to help you understand the personal injury litigation process and why professional legal representation is crucial to protecting your rights and securing your future.
Contact us today for a free consultation, and view the results we've achieved for previous clients throughout the State. We work on a contingency fee basis, so unless we win your case or achieve a favorable settlement, you won't owe us anything.
What Does a Personal Injury Attorney Do?
A personal injury attorney serves as your advocate and guide through the complex legal landscape following an injury. Their responsibilities encompass a broad range of services all aimed at securing the compensation you deserve.
1. Investigate Your Case
One of the first and most crucial steps a personal injury attorney takes is conducting a thorough investigation of your case. This process involves:
- Understanding the specifics from your perspective
- Collecting all official documents and recordings relevant to your claim
- Conducting key witness interviews
- Researching applicable laws for your specific claim
It's crucial to contact a personal injury lawyer as soon as possible after an accident, as New York's statute of limitations varies depending on the type of case.
2. Gather Evidence
A critical task for any personal injury attorney is gathering all relevant evidence, which includes:
- Reviewing police reports, medical records, and other documentation
- Interviewing eyewitnesses who observed the accident
- Consulting expert witnesses such as accident reconstruction specialists and medical experts
- Documenting the accident scene through diagrams, measurements, and photographs
Proper evidence gathering is key in proving liability and establishing the losses and damages owed to you as the injured victim.
2. Determine Liability
Establishing who is legally liable for your injuries is a key part of a personal injury attorney's work. This involves:
- Identifying potentially liable parties, which may include multiple individuals or entities
- Establishing negligence or recklessness based on New York law by demonstrating:
- Duty – the defendant owed you a duty of care
- Breach – the defendant breached that duty through negligence
- Causation – the breach directly caused your injury
- Harm – actual damage or loss occurred
Succeeding on all four elements results in the at-fault party being liable for damages.
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3. Assess Damages
Personal injury lawyers carefully evaluate all losses and expenses incurred due to the incident. This assessment helps determine the appropriate amount of compensation to seek, especially for those who are seriously injured.
| DAMAGE | DESCRIPTION |
| Medical expenses | All medical bills related to the injury, including hospital stays, surgeries, medications, therapy, and future medical costs |
| Lost income | Wages lost due to missed work and potential future income loss |
| Property damage | Cost of repairs or replacement for personal property damaged in the incident |
| Pain and suffering | Physical pain and emotional distress caused by the injury |
| Emotional distress | Psychological issues like anxiety, depression, or PTSD |
| Loss of enjoyment | Inability to participate in hobbies, activities, or other aspects of life previously enjoyed |
| Loss of consortium | Impact on relationship with spouse, such as loss of companionship or affection |
4. Deal with Insurance Companies
Insurance companies aim to minimize payouts, while your lawyer seeks fair compensation for your injuries and losses. Your personal injury attorney will:
- Communicate with insurers
- Present evidence supporting your claim
- Handle all legal aspects of the claim on your behalf
- Begin negotiations with a demand letter outlining your damages and compensation sought
- Discuss counteroffers with you
- Continue negotiations until a satisfactory settlement is reached or proceed to trial if necessary
5. Manage Litigation
If a fair settlement cannot be reached, your personal injury attorney will manage the litigation process, which includes:
- Filing a complaint
- Serving the defendant
- Discovery (exchanging information and evidence)
- Pre-trial motions and hearings
- Settlement negotiations
- Trial (if necessary)
- Post-trial motions and appeals
While at least 90% of civil cases are settled without trial, some personal injury cases may proceed to trial depending on the complexity and value of the claim.
6. Additional Services
Beyond these core responsibilities, personal injury attorneys also:
- Refer clients to reputable doctors and specialists
- Provide regular case updates and tailored legal advice
- Counsel clients on all available options
- Serve as trusted advisors throughout what can be a years-long process
Looking to File a Personal Injury Claim?
Contact our experienced personal injury attorneys today for a free consultation.
How Can You Seek Compensation After You've Been Injured In New York?
1. Report the Incident to the Appropriate Authorities
The specific steps depend on the nature and location of the accident:
Car Accidents
- Submit an accident report within 10 days using the Report of Motor Vehicle Accident (MV-104) form
- For property damage only, exchange information with involved drivers and file the MV-104
- For injuries or fatalities, notify the police and file the MV-104 immediately
- For damage to a parked vehicle or other property, locate the owner or contact the police
Workplace Injuries
- Employers must report the incident to their insurance carrier per Section 110 of the New York State Workers' Compensation Law
- The Worker's Compensation Board must be notified by filing the Employer's Report of Work-Related Injury/Illness (Form C-2F)
Slip and Fall Accidents
- Notify the property owner or manager as soon as possible
- If at a business, speak with a manager and ensure they record the incident
Other Personal Injury Cases, such as Dog Bites
- For dog bites in NYC, report to the Department of Health and Mental Hygiene (DOHMH) by calling 311
- For active threats, call 911 for emergency assistance
2. Collect Specific Types of Evidence
Real Evidence
This refers to tangible objects or sound recordings offered as evidence. For real evidence to be admissible, it must:
- Be relevant to an issue in the proceeding
- Be what it purports to be
- Not have been tampered with
Objects can be classified as:
- Patently identifiable: Easily recognizable, distinguishable, and cannot be easily altered
- Fungible: Can be modified or contaminated, requiring proof of non-tampering
Demonstrative Evidence
Visual, graphic, or sound aids used to explain or present testimony. For admissibility, it must:
- Be a fair and accurate depiction of what it purportedly represents
- Help the factfinder better understand the testimony or case presentation
3. File an Insurance Claim
Auto Insurance
If injured in an auto accident, file an auto insurance claim within 30 days:
- Contact your insurance provider immediately
- File an accident report with the DMV if damages exceed $1,000
- Complete and return the Application for Benefits promptly
- If benefits are denied or paid late, you may file a complaint, request arbitration, or bring a court action
Worker's Compensation
For workplace accidents:
- Gather necessary information about your employment and injury
- Access and complete the online C-3 employee claim form
- Submit the form electronically
- Record your claim number and correspondence for reference
4. Document All Damages
Maintain a comprehensive record of all economic and non-economic damages for:
- Insurance claims
- Legal proceedings
- Medical treatment
Failing to document damages can undermine your ability to receive fair compensation.
5. Contact a Personal Injury Lawyer
A personal injury lawyer can help you by:
- Ensuring your legal rights are protected
- Dealing with insurance companies
- Investigating your case
- Determining the full extent of your damages
Why Choose the Porter Law Group?
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
Contact a Personal Injury Lawyer in New York Today
If you or a loved one has suffered harm in an accident due to another party's negligence or misconduct, don't navigate this difficult journey alone. The personal injury litigation process in New York is complex, and having experienced legal representation can significantly impact the outcome of your case.
Contact Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com for a free consultation and case evaluation. Let our trusted lawyers help you obtain the compensation you deserve so you can focus on healing and moving forward with your life.
