If you were seriously injured in an accident such as a slip and fall or car accident, you may be looking for help understanding personal injury claims.
Understanding Personal Injury Claims | How Long Will It Take to Settle?
The timeframe of New York personal injury cases is hard to predict because there are so many variables: the circumstances of the injury, questions of liability, the insurance companies, the defendant’s lawyers, settlements, and the gathering of evidence. Shorter cases can last six months to a year; longer cases can last two or three years – but even these are only guidelines. You should be suspicious of any attorney who promises results within an absolute or narrow timeframe.
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Understanding Personal Injury Claims | Do I Have to Sue?
No, you do not have to sue. Very often your attorney will be able to settle your case with the insurance companies involved without ever having to file a lawsuit. There’s a lot of work that goes into this: investigating, gathering photographs and other evidence, contacting witnesses. While all this goes on, you should focus on your health and immediate medical needs. Your attorney will be able to tell you if you need to file a claim or a lawsuit, but in many cases, injured parties can reach a settlement without even filing a claim.
Understanding Personal Injury Claims | What is the “Discovery Phase”?
The “discovery phase” of a personal injury case begins right after the accident happens and ends when you’re discussing the merits of accepting a settlement versus going to trial. Discovery normally refers to the exchange of information between the two sides. That could encompass a lot of written documentation, including medical records, and formal answers to certain questions. The discovery phase also involves sworn testimony about how the accident happened and the nature and extent of your injuries.
Understanding Personal Injury Claims | Will My Case Go to Trial?
Most personal injury cases never go to trial. At least in New York, personal injury cases are generally settled – sometimes even before a victim has filed a claim. An attorney can help you achieve an equitable settlement without the added stress of a trial; and if your case is one of the rare ones that goes to court, you’ll want someone with experience you can trust on your side.
If you need further help understanding personal injury claims, please call our Buffalo personal injury lawyers to schedule a consultation.