If you've been injured, you're probably feeling overwhelmed right now. Maybe it was a car accident on the Belt Parkway, a scaffolding fall on a construction site in Long Island City, or a slip and fall in front of a local business in Queens. Whatever happened, the pain and uncertainty can feel paralyzing. You might be asking yourself, "What should I do next? How can I make this right?"
If your injuries were caused by the negligence of another person or party, you have the right to seek compensation through an insurance claim or personal injury lawsuit. But how does a personal injury lawsuit work exactly? A personal injury lawyer can guide you through the process, ensuring your rights are protected and helping you pursue the compensation you deserve.
Below, we’ll walk through the personal injury lawsuit process, explain how it works, and what you can expect. With the right knowledge, you can begin to take control of your situation and focus on moving forward.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal claim that allows you to pursue compensation when someone else's negligence has caused you harm. This covers a wide range of situations, from construction accidents and slip-and-falls to car crashes.
The goal is simple: to get compensation for the hardship you've endured. This may include medical bills, lost wages, pain and suffering, and other damages. Filing a lawsuit may sound complicated, but it’s a process designed to hold wrongdoers accountable and help you rebuild your life.
What Types of Incidents Can Lead to a Personal Injury Lawsuit?
People often think of car accidents when they hear "personal injury," but it extends beyond that. These are some of the most common situations that could lead to a claim:
- Construction Accidents: Falls, equipment malfunctions, and scaffolding collapses. For example, an unprotected construction site could lead to life-altering injuries for workers.
- Car Accidents: Reckless drivers causing collisions on places like the Long Island Expressway or the FDR Drive.
- Premises Liability: Slip-and-falls in places like grocery stores or on sidewalks that weren't properly maintained.
- Bicycle and Pedestrian Accidents: Common hazards when sharing spaces with vehicles in busy areas like Times Square or along Broadway.
- Wrongful Death: When someone’s reckless or negligent actions lead to the loss of a loved one.
Each case is unique, but what they have in common is the principle of negligence. If someone's careless behavior harmed you, they can be held accountable.
How Do I Prove Negligence?
As mentioned, above, the key to most personal injury lawsuits, including car accidents, is negligence. Negligence happens when someone fails to act with reasonable care, and their actions (or lack of action) cause harm to others. For example, a driver texting behind the wheel on Queens Boulevard instead of watching the road could be considered negligent.
To have a successful personal injury claim, four elements must be proven:
- Duty of Care: The other person had a legal responsibility to act reasonably to avoid causing harm. Drivers, for instance, have a duty to follow traffic laws and drive safely.
- Breach of Duty: You need to show that the responsible party failed to meet their duty. This could include speeding, running a stoplight, or driving under the influence.
- Causation: It’s not enough that the other person acted carelessly—you have to prove their actions directly caused your injuries. For instance, if a driver crashed into you because they ignored a red light, their negligence caused the accident.
- Damages: Finally, you must show that you suffered losses because of the crash. This includes medical bills, lost wages, property damage, and pain and suffering.
If these elements can be proven, you likely have a solid case. An experienced attorney can help gather evidence, explain your rights, and fight for the compensation you deserve. Don’t ignore your instincts—if you were hurt due to someone’s carelessness, you may be entitled to justice.
Steps in a Personal Injury Lawsuit
Now that we’ve covered the basics, let's break down the process step by step.
1. Seek Medical Attention and Gather Evidence
Your health comes first. After the incident, make sure you get medical care right away. Even if you think your injuries are minor, they might be more serious than you realize. Immediate treatment also creates a record, which can play a vital role in your case later.
Start gathering evidence as soon as you're able. Here are some steps you can take:
- Take photos of the scene, injuries, and anything else relevant (like unsafe conditions or damaged property).
- Write down any details you remember. For example, if you were hit crossing Madison Avenue, jot down details like time, weather, or the car's license plate if you saw it.
- Collect contact information for any witnesses.
- Keep copies of medical bills and records, as well as receipts for any out-of-pocket expenses.
If you're too injured to do this yourself, see if a trusted friend or family member can help.
2. Consult with a Personal Injury Attorney
Once you’ve taken care of your immediate needs, it’s time to consult an experienced personal injury attorney. Having someone on your side who knows the system and can fight on your behalf makes a world of difference.
An attorney will review your case during an initial consultation—often for free. They’ll ask questions like:
- What happened?
- Who was involved?
- How were you injured?
Based on this information, they can advise you on whether you have a case, estimate its potential value, and outline the next steps.
3. Filing the Claim
If you decide to move forward, your attorney will officially file a claim or lawsuit on your behalf. This document, often called a "complaint," outlines the details of your case, including:
- What happened
- Who is at fault
- The damages (financial and emotional) you’ve suffered
- The compensation you're seeking
This step sets the legal process in motion. The at-fault party will be notified and required to respond.
4. The Discovery Phase
Discovery is a fact-finding phase. Both sides—your legal team and the defendant's—exchange information, gather evidence, and build their cases. This might involve:
- Document requests, such as medical records and police reports
- Depositions, where parties and witnesses give sworn testimony
- Expert opinions, like accident reconstruction specialists or doctors
Don’t feel intimidated by this step! Your attorney will handle most of the heavy lifting, keeping you informed along the way.
5. Settlement Negotiations
Many personal injury cases never go to trial. Instead, they are resolved through negotiations. The insurance company representing the at-fault party may offer a settlement to avoid going to court.
A settlement can save time and stress, but it must reflect the true value of your claim. Your attorney will fight to ensure you receive fair compensation. This includes not just covering medical expenses but also considering pain, suffering, and long-term impacts on your life.
6. Going to Trial
If the settlement offer isn’t acceptable, your attorney may advise moving forward with a trial. While this can be a longer process, it allows a jury to hear the evidence and make a decision. Negotiations usually continue after the lawsuit has been filed. Trials are expensive and time consuming, so insurers usually prefer to settle cases without going to court.
If your case does proceed to trial, the process generally involves:
- Both sides present their case, including evidence and witnesses
- Your attorney will argue why you deserve compensation
- The defendant's team will try to minimize their responsibility or the amount you should receive
When the trial concludes, the jury or judge will decide on a verdict. If they rule in your favor, you’ll be awarded compensation.
How Long Does the Process Take?
The timeline for a personal injury case can vary widely based on several factors. Some cases settle in a few months, while others may take a year or more. A straightforward case with clear liability and minimal injuries may resolve quickly, especially if the insurance company is cooperative and willing to negotiate a fair settlement.
However, more complex cases—such as those involving severe injuries, disputed liability, or multiple parties—tend to take longer. Gathering evidence, consulting experts, and putting together a strong argument all require time.
If the insurance company refuses to offer a reasonable settlement, your attorney may need to file a lawsuit. While most lawsuits settle before trial, going to court can add months or even years to the process.
Your attorney can help set realistic expectations about your case, ensuring every step is taken to secure the compensation you deserve.
What Kind of Compensation Can You Receive?
After a serious injury, you need compensation to help rebuild your life. Personal injury claims cover a variety of damages to address the physical, emotional, and financial toll of your accident. Here are the key types of compensation you may be entitled to:
- Medical Bills: This includes current and future medical expenses. From emergency room visits and surgeries to ongoing therapies and medications, any necessary treatment linked to the accident can be covered.
- Lost Income: If you’re unable to work while recovering, compensation can replace lost income. This may also include wages you’ll miss in the future if your injuries limit your ability to return to your job or perform the same duties.
- Pain and Suffering: Injuries can cause more than physical pain. Emotional trauma, stress, and life-altering impacts such as chronic pain or disability fall under this category. These non-economic damages aim to compensate for the human cost of your accident.
- Future Needs: If your injuries have long-lasting effects, compensation can account for ongoing needs such as assisted living care, home modifications, or treatments you’ll need years down the line.
- Property Damage: Accidents often damage more than just your body. Compensation can cover repairs or replacement costs for personal property, such as your car or other belongings damaged in the incident.
No two cases are identical, so the total compensation will depend on your unique situation. A skilled attorney can calculate the full scope of your losses and fight to ensure you’re not left bearing the burden alone.
Why You Should Act Quickly
If you’ve been hurt and are considering a personal injury claim, don’t wait to take action. New York generally sets a three-year statute of limitations for personal injury claims. This means you have limited time to take legal action. If you wait too long, you might lose your chance to seek compensation. Acting promptly also helps preserve evidence and witness memories, which can fade over time.
Remember, you don’t have to do this alone. From dealing with insurance companies to standing up to big corporations, having a legal advocate who understands the system can make all the difference.
Why It Matters to Hold Negligent Parties Accountable
Seeking justice is about more than compensation. It’s about making our communities safer. When liable parties—whether it’s a reckless driver, a negligent landlord, or a careless contractor—are held accountable, it sends a message that carelessness has consequences. By standing up for your rights, you’re helping prevent future harm to others.
Consult a Trusted Personal Injury Lawyer
At The Perecman Firm, we understand how life-changing an injury can be. Whether you’re a construction worker injured on the job, a driver blindsided by a careless motorist, or someone harmed because of poorly maintained property, you deserve justice.
When you work with us, you’re more than just a case number. You’re family. We’ll fight for every penny of compensation you’re entitled to and walk with you every step of the way.
Are you ready to take the next step? Contact us today at (212) 977-7033 or through our online form for a free, no-obligation consultation. Together, we’ll make things right.