Succeeding in a personal injury claim depends on a number of factors, such as who was at fault, the evidence available, and how the legal process unfolds in New York. Beyond compensation, a successful case can also be about holding someone accountable and achieving a sense of justice.
The idea of “winning” might sound like it only comes down to a court verdict. In reality, many personal injury cases are resolved through settlements with insurance companies well before trial. A personal injury lawyer can help outline your options, let you know what to expect, and advocate on your behalf.
While no lawyer can guarantee a result—because every case is different—having experienced legal counsel often influences the outcome. This does not mean a lawyer can promise a win, but they will aim to prepare your case as thoroughly as possible.
The process involves gathering evidence, negotiating with insurance carriers, and showing that if a fair settlement is not offered, your side is prepared to go to court. That preparation alone can affect how insurance companies respond to your claim.
Table of contents
- Securing a Settlement or Verdict in a Personal Injury Lawsuit in New York
- Liability in Personal Injury Claims
- How a Personal Injury Lawyer Prepares a Case
- The Process of Filing a Personal Injury Lawsuit and Going to Trial in New York
- The Significance of Accountability and Justice
- The Time Limit for Filing a Personal Injury Case in New York
- Life After a Personal Injury Case
- Contact the New York Personal Injury Lawyers at William Mattar Law Offices
Securing a Settlement or Verdict in a Personal Injury Lawsuit in New York
A settlement occurs when both sides agree on a monetary amount that the at-fault party (or their insurance company) will pay to the injured person. Settlements can happen at different stages of a case, sometimes even before a formal lawsuit is filed.
A settlement that provides adequate compensation for medical bills, lost wages, and pain and suffering can be just as much of a “win” as a jury verdict. After all, reaching a fair settlement allows you to avoid the uncertainty, time, and emotional toll of a trial.
Still, some cases need to go to court. In situations where insurance companies refuse to offer fair compensation, filing a personal injury lawsuit and potentially going to trial becomes a way to hold the responsible party accountable. Both a fair settlement and a favorable verdict can be considered “wins” because they achieve the goal of helping you move forward.
Winning also goes beyond the financial element. A successful personal injury claim can illuminate misconduct or negligence, encouraging safer practices and preventing future harm.
When a jury finds a defendant careless and awards a verdict, it sends a public message that can influence how businesses, property owners, or drivers in New York behave in the future. In this sense, a “win” can help bring a sense of justice and accountability—not just money.
Liability in Personal Injury Claims
A central element of a personal injury claim is proving that someone else’s negligence caused your injuries. Negligence means failing to exercise a reasonable level of care, whether it’s a driver who ignores traffic signals, a property owner who does not address hazards, or a construction company that fails to provide a safe working environment for its employees.
If the other party’s actions (or inaction) directly led to your injuries, this supports a successful outcome. On the other hand, if liability is unclear or if there is evidence that you were partly at fault, it can impact potential compensation. New York follows comparative negligence rules, which means your compensation can be reduced by your percentage of fault.
How a Personal Injury Lawyer Prepares a Case
Personal injury attorneys prepare cases methodically. By developing a strong foundation of evidence, they aim to show the insurance company and, if necessary, a jury why you deserve compensation for your injuries. Some key steps in preparing a case might include:
- Collecting and Reviewing Evidence: This includes gathering police reports, medical records, witness statements, photographs, and any other documentation that helps build a clear timeline of the accident and its aftermath. For instance, if you were injured in a car accident in Buffalo, New York, your lawyer might obtain local traffic camera footage or consult with medical professionals who treated your injuries there.
- Consulting Professionals: When needed, a lawyer may speak with medical or accident reconstruction professionals who can help clarify technical details. For a slip and fall in Syracuse, for instance, a reconstruction professional might explain how a property hazard caused the fall.
- Valuing Damages: Your legal team can evaluate the financial, physical, and emotional impact of the injury. This includes quantifying medical bills, lost wages, property damage, and any long-term disability. Pain and suffering, as well as reduced enjoyment of life, can also play a role.
- Developing a Legal Theory: A personal injury lawyer reviews New York statutes, case law, and legal standards for negligence to frame a legal argument. This argument explains why the defendant is liable and why the requested compensation is justified.
- Negotiation Planning: A lawyer approaches insurance negotiations with a clear understanding of the evidence and a willingness to pursue litigation if necessary. Lawyers understand that preparation and readiness to try the case in court can influence settlement offers.
How a Lawyer’s Willingness to Go to Court Affects Insurance Negotiations
Insurance companies are in the business of managing risk and cost. When they see that you have retained a lawyer who has prepared the case thoroughly and is ready to file suit, they are forced to weigh the risks of a trial against the cost of a fair settlement. If the insurer believes a jury might award a large sum at trial, it may be more inclined to settle sooner rather than later.
A lawyer’s readiness to go to trial can influence negotiations in several ways:
- Signals Preparedness: Demonstrating that all necessary evidence is collected and organized shows that your side is prepared. This can prevent the insurer from making lowball offers that do not cover your losses.
- Leverage: The possibility of a trial gives your lawyer leverage. If the insurance company refuses to offer adequate compensation, your lawyer can push forward, knowing that a judge or jury in a New York court could hold the defendant responsible.
- Faster Resolution: Sometimes, when insurers recognize that the other side is not afraid to litigate, they become more open to reasonable settlement discussions. This can shorten the process, allowing you to receive compensation sooner.
In short, having a lawyer who prepares for trial from the start can have a direct effect on the settlement negotiations. It can persuade insurers to offer a fair amount without forcing you through a lengthy court battle.
The Process of Filing a Personal Injury Lawsuit and Going to Trial in New York
When a settlement cannot be reached, filing a personal injury lawsuit in New York becomes the next step. Here is an overview of what that process might look like:
- Filing the Complaint: Your lawyer drafts a legal document called a complaint that outlines your claims against the defendant. The complaint is filed with the appropriate New York court and served on the defendant, who then has a set amount of time to respond.
- The Defendant’s Answer: The defendant’s response, or answer, addresses the allegations and may raise defenses, such as disputing liability or questioning the severity of your injuries. Sometimes, the defendant might file a motion to dismiss, which the judge will rule on before the case moves forward.
- Discovery Phase: Both sides gather information through discovery. This can involve exchanging documents, submitting written questions called interrogatories, and conducting depositions, which are formal interviews under oath. Depositions might include you, the defendant, witnesses, and professionals who can clarify certain aspects of the case.
- Motions and Hearings: Before trial, either side may file motions requesting that the court address certain legal questions. For example, a motion might seek to exclude certain evidence. During this period, settlement discussions may continue as both sides get a better grasp of the strengths and weaknesses of the case.
- Trial Preparation: If no settlement is reached, your lawyer prepares to present your case at trial. This involves organizing exhibits, planning witness testimony, and rehearsing opening and closing statements. The defendant’s legal team does the same.
- The Trial Itself: At trial, both sides present their evidence and arguments. A jury or judge then considers the evidence and reaches a verdict. If the verdict is in your favor, the court may award a sum intended to compensate you for your losses.
- Appeals (If Necessary): After trial, either side may appeal if they believe legal errors affected the outcome. Appeals focus on whether the trial was conducted correctly rather than revisiting the facts of the case.
Throughout this process, your lawyer can keep you informed, answer your questions, and help you understand what to expect. While lawsuits can be lengthy and complex, having skilled legal representation can guide you through each step.
The Significance of Accountability and Justice
Winning a personal injury lawsuit in New York often means more than just obtaining compensation. The legal system provides a forum for holding people and organizations accountable when their negligence causes harm. When a defendant is found liable for injuries, it sends a message that careless or reckless behavior carries consequences.
The outcome may provide a sense of resolution and justice for the injured person. Injuries can disrupt one's life, drain resources, and create emotional distress. Receiving compensation can help restore financial stability by covering medical bills, lost income, and other damages related to the accident.
Beyond the monetary aspect, however, a verdict or settlement can help you feel that your voice was heard and that the responsible party must face the results of their actions. This sense of accountability can foster positive change.
For example, if a landlord in Albany fails to maintain safe stairwells and a lawsuit results in a judgment against them, other property owners in the area might take note. They might improve safety measures to avoid facing similar claims. Over time, such outcomes can lead to safer streets, buildings, products, and workplaces for all New Yorkers.
In this way, a personal injury claim is not just about “winning” in the traditional sense. It is also about encouraging responsible conduct, preventing future harm, and providing a measure of justice to victims.
The Time Limit for Filing a Personal Injury Case in New York
In New York, there is a time limit—known as the statute of limitations—for filing a personal injury lawsuit. In most cases involving negligence, this time limit is three years from the date of the accident. Missing this deadline typically means losing the right to pursue compensation through the courts.
Some exceptions might shorten or extend the deadline, depending on the circumstances. For instance, if a municipality or government agency is involved as a defendant, there may be additional notice requirements with even shorter deadlines.
Minors or individuals with certain conditions might also have different timelines. Since calculating these deadlines can be complicated, speaking with a personal injury attorney early on can help ensure that you do not lose your right to file.
Life After a Personal Injury Case
Resolving a personal injury claim, whether through settlement or trial, can allow you to move forward after a difficult period. While money cannot erase the trauma of an accident, it can help you rebuild. Compensation might pay off medical bills, cover ongoing treatments, replace damaged property, and ease financial pressures. Some medical bills may be covered by no-fault insurance. It can also help you access better rehabilitation services or adapt your home to address new mobility challenges.
Beyond financial recovery, reaching a fair outcome may provide a sense of closure. Knowing that someone took responsibility for their actions might help you heal emotionally. You might also appreciate that pursuing a claim encourages safer behaviors in the future so others in New York do not have to endure the same harm.
Contact the New York Personal Injury Lawyers at William Mattar Law Offices
Asking what the chances of winning a personal injury lawsuit are is natural after an accident. Although no one can promise a particular outcome, understanding the factors at play and knowing how a lawyer can help increase your confidence when making decisions.
The attorneys at William Mattar Law Offices are skilled negotiators and aggressive trial lawyers. Our legal team is prepared to fight for the compensation you need, and the justice you deserve. We have offices in Syracuse, and Rochester, and our personal injury lawyers can serve clients throughout New York, including Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City.
Call our main office in Williamsville, NY, at 716-444-4444 or contact us online anytime, 24/7.