If you have been injured in an accident that wasn’t your fault, you may be considering filing a lawsuit with the help of a good attorney from a personal injury law firm in New York. This is a big decision, and there are several things you need to consider before making a final decision.
The first thing that you need to think about is whether or not you actually have a case. To have a successful personal injury claim, you will need to be able to prove that the other party was at fault for your injuries. This can be tricky, so it is important to speak with an experienced New York personal injury attorney to get their professional opinion. Usually, these attorneys will carry out a free case evaluation before they delve too deep into filing a claim or lawsuit, in order to find out if you have a valid case.
You will also need to think about how much money you are actually looking to recover. If your damages are relatively minor, it may not be worth your time and money to file a lawsuit. However, if your injuries are more severe, you may be looking at a significant amount of financial compensation. A lawyer will also carry out an evaluation of the damages to be claimed after considering the evidence and documents pertaining to the case.
Here are some things that a New York injury lawyer will take into consideration prior to filing a lawsuit.
The severity of your injury
When you sustain injuries in an accident, it is important to consider the severity of those injuries. If your injuries are minor, you may not want to go through the hassle of filing a lawsuit. However, if your injuries are more serious, a lawsuit may be necessary in order to get the compensation you deserve.
Additionally, even if your injuries seem minor at first, they may become more serious over time. If this happens, you may want to consult with a personal injury lawyer to see if filing a lawsuit is still an option, although you will need to keep in mind that there is a statute of limitations applicable for making a claim.
How long ago the accident occurred
The statute of limitations is the amount of time you have to file a personal injury lawsuit. This varies from state to state, but is usually between two and four years. In the state of New York, it is three years from the date of the accident.
If you wait too long to file a lawsuit, you may not be able to get any compensation for your injuries. This is why it is important to consult with a personal injury, car accident or even a New York premise liability lawyer (depending on your specific case) as soon as possible after an accident occurs.
The amount of money you have lost as a result of the injury
Another consideration is the amount of money you have lost as a direct result of the injury. This includes things like medical bills, lost wages from being unable to work, and any other out-of-pocket expenses.
To win a personal injury lawsuit, you will need to prove that the defendant is liable for your damages. This means showing that the accident would not have happened if it weren’t for the defendant’s negligence. If you are able to prove this, you may be compensated for your economic and non-economic damages. Economic damages are things like medical bills and lost wages. Noneconomic damages are things like pain and suffering or emotional distress.
Proving liability can be complicated, so it is important to have an experienced personal injury lawyer on your side. Your lawyer will help you gather evidence and build a strong case. If you have been injured in an accident, contact a personal injury lawyer today to discuss your case. An experienced lawyer can help you understand your legal rights and options. They can also tell you if filing a lawsuit is the right option for you.
Filing a personal injury lawsuit is not a decision to be made lightly. There are many things to consider before taking legal action. However, if you have been injured due to someone else’s negligence, filing a lawsuit may be the best way to get the compensation you deserve.
Whether or not you were at fault for the accident
Another thing that you should consider before filing a personal injury lawsuit is whether or not you were at fault for the accident. If you were partially at fault, you may still be able to recover damages, but it may be more difficult to prove your case.
Most states use a system of comparative negligence when determining how to apportion damages in personal injury cases. Comparative negligence allows plaintiffs to recover damages even if they are partially at fault, but their recovery will be reduced by their degree of fault. For example, let’s say that you are involved in a car accident. The other driver ran a red light, but you were speeding and not paying attention to the road. The court may find that you are 50% at fault and the other driver is 50% at fault. If you recover $100,000 in damages, your recovery will be reduced by 50%, so you would only receive $50,000.
In some states, if you are more than 50% at fault, you will not be able to recover any damages. It is important to check the laws in your state to see how they apportion damages in personal injury cases.
How much the lawsuit will cost to file and maintain
Most lawyers work on a contingency fee basis in personal injury cases. That means they do not get paid unless you win your case and recover damages. The lawyer will usually take a one-third contingency fee, so if you recover $30,000 in damages, the lawyer will get $10,000.
You may also have to pay court costs and other expenses related to the lawsuit. Before you decide to file a lawsuit, make sure you understand all of the costs involved and whether you are willing to pay them. An experienced personal injury lawyer can help you understand the costs of filing a lawsuit and whether you have a good case. Most personal injury lawyers offer free initial consultations, so it does not cost anything to speak with one about your case.
If you decide to file a personal injury lawsuit, make sure you have a good reason for doing so. Filing a lawsuit is a serious decision that should not be taken lightly. You should only file a lawsuit if you believe you have been wrongfully injured and the other party is at fault.
If you have any other legal options available to you
Whether you have any other legal options available to you is another factor to consider before filing a personal injury lawsuit. If you have the option to settle your case out of court, or if you can file a complaint with a government agency, these may be options worth exploring before filing a lawsuit. An experienced lawyer can help you understand all of your legal options and help you decide whether filing a lawsuit is right for you.
If there is a chance the defendant could countersue
An important aspect of any personal injury lawsuit is proving that the defendant is liable for your damages. However, if there is a chance that the defendant could countersue, this may be something to consider before moving forward with a lawsuit.
Your best course of action is to consult with a good lawyer and discuss with them if you should pursue a lawsuit. With their experience they will be able to guide you and give you sound advice on what should be done, considering your particular circumstances.