Challenges of personal injury lawsuits in New York: What to expect
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Injuries caused by the negligence of others can completely ruin your life. Medical expenses continue to pile up, lost wages cause frustration and dealing with insurance companies becomes a headache. Additionally, the navigation of a personal injury lawsuit in New York is not easy, and people may encounter unexpected challenges.
That said, more than 90% of personal injury cases end in a settlement. However, very few victims are ultimately awarded what they deserve. Strict deadlines, complex laws, and aggressive insurance tactics make it difficult to win fair compensation. Thus, without proper guidance, you could lose your chance to recover damages.
So, how can you avoid common pitfalls and improve your chances of success?
Understanding the legal process can help you prepare for what’s ahead. This article breaks down the biggest challenges of personal injury lawsuits in New York and what you should expect.
1. Finding the right lawyer
One of the biggest challenges in a personal injury lawsuit is obtaining the right lawyer.
Personal injury lawyers handle such cases on a regular basis. However, not every lawyer is professional or competent. You need someone with experience in NYC legal codes and a record of success.
If you do not have proper legal counsel, you might struggle to present evidence, bargain your claims, or even appropriately file your case.
Additionally, your lawyer should explain the process to you step by step. Nevertheless, some attorneys do too much business and fail to provide clients with the attention they require. Others will overcharge you and then fail to represent you well.
Hence, you hire NY PI lawyers who will represent you and your interests after researching, reading opinions, and seeking recommendations. If you lack good legal help, you might end up losing or settling your lawsuit for much less than you deserve.
2. Strict filing deadlines and statute of limitations
There is a mandatory cutoff time when filing personal injury claims in New York. If you fail to meet these deadlines, there may be a risk that you will be unable to claim compensation.
The legislation requires you to file a claim within a specific time frame, which is referred to as the statute of limitations. For the majority of personal injury claims, you have three years from the time of the crash to bring action. Medical malpractice and government claims have even tighter time frames.
Moreover, waiting for long will harm your case. In this case, evidence will be destroyed, witnesses will forget, and insurance companies will profit at your expense. Therefore, you should act quickly to protect your rights.
3. Dealing with New York’s no-fault insurance system
There is a no-fault insurance system for car accidents in New York. This means your insurance pays your medical and lost-wages claims regardless of whose fault it is when you get involved in an accident.
While it serves to hasten the payment, it disallows you to sue for other damages. However, you will be free to sue when your injuries surpass the state’s legal threshold.
Moreover, this system can be irritating when you have medical expenses greater than your insurance. Insurance companies may also try to minimize payouts, leaving you struggling with expenses. In this case, you will need to have good medical evidence that your injuries were severe.
Overall, understanding how no-fault insurance works will prepare you well for what lies ahead. If your injuries deserve a lawsuit, you should act quickly to protect your rights.
4. Proving liability in complex cases
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The biggest challenge when it comes to personal injury claims is fault-finding. Insurers and defendants will do everything in their power to fault you. In some situations, multiple parties share blame, and determining who is at fault will be even harder.
Under the New York comparative negligence rule, your compensation will be reduced if you are partially at fault.
Therefore, you will be required to provide substantial evidence to establish liability. This could be in providing witnesses, medical reports, police reports, and expertise. In this case, with tangible evidence, the other party cannot plead that you caused your injuries.
Moreover, engaging an experienced lawyer will enable you to mount a strong defense, and the stronger your evidence is, the better your chances of being awarded reasonable compensation.
5. Low settlement offers from insurance companies
Insurance companies want to save money and, as a result, would want to pay you as little as possible. In this case, you can be offered a fair-looking settlement after your accident. However, these initial offers are usually much lower than what you deserve. Thus, most victims take these offers without realizing they can improve.
Moreover, adjusters employ several strategies to minimize payouts. They can claim that your injuries are not severe or you have pre-existing conditions. They can also take their time to pay, hoping you will accept a settlement out of frustration.
Therefore, knowing these strategies can protect you from accepting an unfair settlement. A seasoned attorney can negotiate for you to get a reasonable amount, as settling too early can result in unpaid medical expenses and financial hardship.
6. Lengthy legal process and delays
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New York personal injury cases can take months or even years to resolve. The legal system moves slowly, and insurance companies, most of the time, drag the negotiations out. If the matter goes to court, it will drag on even longer. Thus, it can be frustrating, especially if you have medical bills and lost income.
Moreover, court schedules, motions made by lawyers, and negotiations for settlement all add to delays. Defendants might also employ stalling methods to get you to accept a lower settlement.
The longer the case drags on, the greater the financial strain you will endure. Patience is the virtue in these types of cases. As frustrating as waiting can be, accepting a low settlement offer earlier can harm you in the long term.
Conclusion
Personal injury lawsuits are complicated in New York. It may be difficult to find the right lawyer, deal with no-fault insurance, and prove liability.
Also, insurance companies typically settle very low, and sometimes, the legal process takes forever. For that reason, knowing what to expect will allow you to make better decisions.