May 24, 2024

Courtroom Procedures for Personal Injury Claims

Courtroom Procedures for Personal Injury Claims

You’ve been injured in a personal injury due to the negligence of another. No one is prepared for the life-changing damages that accompany an unexpected injury. You may be buried in medical bills, suffering from lost wages, or unable to return to your prior level of function due to the severity of the incident. 

Your first step on the road to recovery is to contact an attorney with extensive experience in personal injury claims. Ideally, negotiations are successful out of court, but in some cases bringing your case to court is inevitable. Seeking out a personal injury lawyer who can help you navigate the courtroom can help you get the coverage and answers you need.

Steps Involved in a Personal Injury Claim 

Being involved in any type of accident is frightening, and the legal process behind a personal injury claim can be complex. First and foremost, your health is of primary importance. If you have been injured, seek medical attention. Whether you or an onlooker calls 911, you are driven to the emergency room, or you seek urgent care the next day, do not overlook this vital step.

After your immediate medical needs are attended to, it’s in your best interest to connect with an attorney who can provide focused personal injury representation. Your lawyer will immediately begin an investigation. Medical records, police records, statements from witnesses, and photographs are just a few of the pieces of evidence needed. 

Once an agreement is signed with your attorney, a summons and complaint on your behalf will be filed with the court. This document needs to be submitted within the statute of limitations timeline, which is three years for a personal injury claim in New York. 

Once a lawsuit is filed, representatives from both sides exchange information. This is a mandatory step and if the other party is non-compliant a motion to do so will be filed with the court. After this both parties will offer sworn statements in the lawyer’s office, they are recorded to ensure accuracy. This is referred to as the examination before trial (EBT) process

After statements have been issued it’s time to negotiate a settlement to cover your damages fairly. If an agreement is reached, your attorney will work to expedite the payment to you. In some instances, an agreement can not be reached and a trial is required. 

When a Settlement Cannot be Reached in Negotiations

If both parties cannot agree by the trial date, your case will go to court. Each side will present its case and submit evidence to support its argument. Liability needs to be clearly established. This can be a lengthy process. 

With skilled legal representation on your side, a favorable conclusion will be reached by the jury. If the conclusion is not in your favor for any reason, an appeal can be filed to the Court of Appeals

Let a Lawyer Guide You Through Courtroom Procedures

In addition to the injuries, pain, and suffering incurred from a personal injury accident, the process of getting fair compensation can be agonizing for those who are unfamiliar with the process. Don’t let the other parties’ insurance make you a victim twice. Connect with legal representation that will work tirelessly for you and put your individual needs first. 

Call Greenstein & Milbauer, LLP today at 1-800-VICTIM2 (842-8462) for your free consultation, or complete the online form below.

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