most personal injury settle

When a person is injured due to another person’s negligence, there are several legal approaches to pursue compensation. The most traditional is to file a personal injury lawsuit against the responsible party. Based on this, most personal injury claims in New York are settled out of court. This settlement process is relatively shorter, more predictable and highly effective as long as you have strong legal representation from an experienced New York personal injury law firm.

Personal injury claims can be complicated and time-consuming when you are taking on large insurance companies and powerful defendants. But with the right legal help, you can focus on recovering from your injuries instead of worrying about the case itself, while your New York personal injury lawyer fights to obtain maximum financial damages on your behalf from the defendants.

Benefits of Settling Personal Injury Cases

Avoids Uncertainty

Litigating a claim involves many uncertainties and inherent risks, both financially and emotionally. Trial judges, appellate courts and juries can turn out to be unpredictable. Besides, at any time, your case could be thrown into a tailspin by a surprise piece of evidence or an offhand comment made during the discovery phase. And if you win, most of the time, you may be stuck with more expenses and time away from work than you anticipated.

Even if you do everything right, you will inevitably encounter surprises during your lawsuit. And even if your case is 100% perfect on paper, there is no guaranteed way to know that the judge or jury will agree with you. And some reasons no one would expect. Some trials go on longer than expected, some take unexpected twists, and some are dragged out because both sides use every tactic to wear each other down.

A key witness could lie or get sick on the stand. If there's an appeal, it can involve another round of expensive litigation. It will be easier for you to move on with your life if the case is settled before it becomes a major investment of time and energy.

Minimizes Costs

Settling a personal injury case is usually a cost-effective way to resolve a dispute. If you think about it, there are several expenses associated with litigation: legal fees, expert witness fees, court costs, travel expenses and lost time from work to attend depositions and court hearings.

The costs of litigation have escalated as well. Hiring expert witnesses has become more costly, while technology and specialized training have become necessary to go into court and convince a jury that your client is entitled to damages for their permanent disability or disfigurement.

Adding up all of these expenses for both parties might seem like paying more money to be able to settle your case quickly has a lot going for it. When you settle outside of court, there are fewer legal fees to pay and no court costs to worry about. You will also be able to avoid the stress of having to appear in court and deal with all of the emotional turmoil and extra expenses involved in litigation.

Saves Time

For many people, the time that elapses between a personal injury and the receipt of compensation is too long. It's stressful to deal with the injury—and all that comes with it, like missed work, medical costs, and pain—while also dealing with the financial strain of not being compensated for months or even years.

In addition, injuries that aren't life-threatening or don't cause permanent damage can be challenging to prove in court because jurors often have questions about how long an injury will last before awarding damages.

If a trial takes place, it can take six months or longer for the verdict to be issued. Once the judge signs off on the decision, an appeal process could add years to your wait for compensation. With a settlement, you could receive compensation sooner than you would have with a court case.

Offers More Privacy

Both plaintiffs and defendants may wish to keep certain details of a settlement from the public. Courts are open to the public, and most proceedings are available to watch. If your case goes to trial, a lot of information about both sides of the case will be made public—the alleged accident, the injury and its effect on your life, the impact it had on your work or school performance, and your personal life.

Because court proceedings are also recorded and transcribed, these details become permanently available to anyone with access to these records—including third parties and future employers who Google you. It may reveal sensitive information about you or your employer, affecting your reputation or future job prospects.

A settlement offers a degree of privacy. Details won't be made public if they're part of a confidential agreement between you and the other party. You can also negotiate with the other side for a mutual non-disclosure agreement (NDA) that prevents both parties from discussing the case details with anyone outside their legal teams.

Reduces Stress

personal injury cases stress

When you have been injured in an accident, there is already enough stress on your mind and body. Plaintiffs often have to answer questions about the incident repeatedly during the discovery process, which can be emotionally exhausting. They might also have to take time off work to attend depositions or trials. You do not need to add more emotional strain by dragging out the legal process of your case.

Settling your case quickly can help you avoid additional stress caused by court dates, depositions, and other necessary legal procedures when negotiating a settlement in court.

For the defendant, resolving a case is a chance to bring some closure to something that could have dragged on for years, potentially costing them lots of money and time and bringing further stress to the company. For the plaintiff, it can mean avoiding stress and an uncertain future if they had gone to court.

Avoids Admitting Fault Publicly

Rather than opening itself up to the possibility of a judgment in court, a defendant may prefer to settle a case before it goes to trial. For example, if a defendant is introducing a new product or has plans to market a product in a certain way, they may not want that new product's reputation tarnished by a court decision.

To keep their reputation intact, the defendant may offer to pay the plaintiff and avoid a trial at all costs. Suppose the plaintiff is willing to accept monetary compensation for their injuries and waive any further legal claims against the defendant. In that case, both parties can walk away from a settlement agreement feeling as though they've won.

Settlement is Final Once All Parties Agree on the Terms

When you consider accepting a settlement offer, the decision is not necessarily as simple as it may appear. It is important to remember that the objective of an insurance company is to settle a claim for less than what they will ultimately owe. Insurance companies are experts at settling claims, and one way they do this is by offering a low amount in exchange for a release of future liability.

While settling out of court is often the quickest and most convenient way to resolve an insurance claim, it should not be considered the only option. It can also be beneficial to take a case to trial to get a fair settlement that will cover your needs in the future. Settlements reached outside of court do not guarantee that you will be fully compensated for your accident-related expenses.

Consider consulting with an attorney before accepting any offer made by an insurance company. Our New York personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP will work hard to ensure that your settlement covers all of your accident-related economic and non-economic costs, losses and damages, including those that may not have occurred yet but are likely to occur in the future related to your injuries.

When Should You Take Your Personal Injury Case to Trial?

Although most personal injury cases settle, sometimes, a trial may be in your best interest. Below are some reasons why you case may go trial:

  • The defendant doesn't admit liability.
  • The plaintiff wants punitive damages.
  • The insurance company refuses to offer a reasonable settlement.
  • The parties cannot agree on a settlement amount.
  • The defendant has no insurance or too little insurance coverage and cannot pay for the damage caused by their negligence or carelessness.

Speak to Our Highly Rated Personal Injury Attorneys in New York Today

Knowing how to negotiate a settlement can make all the difference in the amount of money you recover for your clients. With so much on the line, it is essential that you are represented by a team of professionals who know what they are doing. Our experienced personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you evaluate your options before you plan to settle or go to a trial.

We are passionate about advocating our clients’ rights and significantly maximizing their settlement amounts. Our lawyers who possess the litigation skills needed to settle your case and prepare for trial. Remember that many factors go into the negotiation process, whether you have been injured in a car accident, a slip and fall accident, or have suffered from medical malpractice.

We will support you every step of the way through the legal process and keep you informed of each development so that you can feel confident about your case and know what to expect next. Call us today at 212-344-1000 or contact us online to schedule a free and confidential consultation.

How Long After An Injury Can You Sue In New York?

In New York, personal injury lawsuits must be filed within a limited period of time after the auto accident or a slip and fall accident that caused your injuries. This is called the statute of limitations. In New York, you can sue the negligent parties within three years from the date of your auto accident and injury. In some types of motor vehicle accidents, the statute of limitations is even more limited, such as in cases involving government entities.

It's essential to be particularly careful when it comes to the statute of limitations, which dictates when victims can file a tort action in New York. In any event, unless an exception applies, the statute begins to run from the date of the accident.

Therefore, it is best to contact a reliable and reputable personal injury law firm in New York, a law firm that has been through the legal battlefields before and knows how to detect trouble before it becomes a serious threat, as soon as possible after your accident and injury or after the wrongful death of a loved one in a car accident.

Statute of Limitations in New York

personal injury statute of limitations

The statute of limitations is the time frame within which you must begin your lawsuit. Under New York Civil Practice Law & Rules 214, you have three years from the date of the accident to bring a claim for personal injury damages. You may be thinking that three years sounds like plenty of time—but there’s more to it than that.

Whether it's a slip-and-fall accident, product liability or someone intentionally injured you, as soon as you get the necessary medical treatment, call your lawyer and gather all the documentation you'll need to prove your case. You'll have three years from the date of the incident or the discovery of your injuries to get a complaint in court. Under most circumstances, the statute of limitations begins when your injury is first noticed or recognized.

New York's statute of limitations determines whether a personal injury case can legitimately proceed to litigation. This statute of limitations dictates how long victims, and their attorneys, have to take their cases before a judge or jury.

What Happens if I Miss the Statute of Limitations on My Case?

You have only three years from the date of your accident or three years from when you reasonably should have discovered the injuries underlying your claim to file your lawsuit in court in New York. If you don't file your lawsuit within the statute of limitations in New York, then you can no longer sue. In other words, you've missed your chance to get any compensation for your losses.

Not only do you lose out on the chance to collect damages, but you also run the risk of having a court dismiss your case entirely. This means that the other party is off the hook, and you're left with nothing to show. With that said, if a judge finds out you missed the deadline, they may not even hear your case at all — instead, they'll dismiss it immediately. That's because there's no point in scheduling a hearing if there isn't enough time for all parties to prepare their cases beforehand.

If this happens, you'll have wasted valuable time and money trying to resolve this dispute through litigation when it could have been resolved much sooner by working out an agreement with the other party.

Are there Any Exceptions to New York Statute of Limitations?

The State of New York has identified a number of different scenarios that may modify the time limits for filing a personal injury action. Below are certain scenarios:

  • The injured person was a minor at the time of injury. Injured minors have up until their 21st birthday to file a personal injury lawsuit.
  • The injured person was mentally incapacitated at the time of injury. Injured persons who were mentally incompetent at the time they were hurt may file suit within three years after they become competent.
  • The injured person was unaware that someone else's negligence had harmed them until recently. They must file suit within three years after they become aware that their injuries were caused by someone else's intentional wrongdoing or negligence.

What are the Consequences of Delaying a Lawsuit in New York?

If you are injured in an accident and want to file a personal injury lawsuit, you should do so as soon after the accident as possible. Based on this, many people do not know exactly how long they have to file their claim.

Sometimes this is because they are unsure if they will be able to sue for damages or if their injuries were severe enough. Other times it is because they need time to deal with their medical bills and other issues related to the accident. Here are some of the consequences of delaying:

  • You may lose evidence. Evidence can be lost or become outdated over time, affecting how much money you receive in a settlement or trial. This is especially problematic in a legal setting, where the rules of law govern what kind of evidence must be collected and for how long. The longer you wait to begin your investigation, the less likely it is that you will find the evidence that supports your case.
  • The party being sued may be able to modify or destroy evidence that would help prove your case. For example, suppose you are suing someone for medical malpractice. In that case, the hospital where the incident occurred may alter its policies or procedures after you file suit to avoid liability for future incidents.
  • You may forget important details about the accident. In addition, your memory may fade as time goes by, making it more difficult to prove the defendant's negligence. You might also have trouble remembering details when filling out paperwork or talking to an insurance adjuster. This can lead to confusion and disagreement over who was at fault for causing the accident and how it happened.
  • The defendant might file bankruptcy or go out of business before your case is resolved. This could prevent you from collecting compensation if they no longer have assets available to pay out judgments against them.

When Do I Notify Those Involved About My Intent to File a Claim?

Essentially, as long as you're not trying to hold someone liable through the criminal courts, any contact with the responsible parties can be made at your discretion. That said, it's easier to resolve an injury claim when both parties move quickly and communicate effectively.

So even if you're only planning to consult with an attorney about the accident, it's important to act quickly. That is, within a few days of an accident so that the attorney can help make sure everything you say will be presented to insurance adjusters in the best light possible.

Notifying others of your intention to file a claim for injuries from an accident does not obligate you to go further. It’s only a notice, giving those that might get sued fair warning of what's coming. Pertaining to this, timely informing involved parties of your notice help you preserve your rights and may also prevent others from later arguing that you have delayed a claim unfairly. If you give notice promptly, you remain free to process and negotiate a claim at your own pace.

How Quickly Will I Get My Settlement?

After you file the paperwork for your injury claim, the insurer will have 30 days to respond. Once they do, you and your lawyer have 45 days to either negotiate a settlement or go to trial.

Your lawyer should be able to give you a ballpark idea of just how long it will take to settle your injury claim. The process can be pretty lengthy, so don't expect a quick settlement. Depending on the complexity of your case, and the willingness of the insurance company to pay out your settlement, a settlement can be reached in just two weeks, while other cases might require up to six months.

While there is a deadline by which you must file a claim, it has no bearing on when you will receive a settlement check after filing a personal injury claim. If your claim goes to trial, you might face even longer delays in getting the compensation you deserve. Moreover, only extremely complicated cases go to trial. Most cases are settled out of court, especially if a strong and professional legal team represents you.

Get the Most Trusted New York Personal Injury Attorneys on Your Side to Maximize Your Compensation

Injuries sustained in an auto accident or a slip and fall accident can be devastating and life-changing. Apart from the pain and suffering and mental anguish you may go through, the accident can lead to loss of income and mounting medical bills.

To build and pursue and strong legal claim, you will need an experienced personal injury lawyer on your side. Our dedicated New York attorneys at Rosenberg, Minc, Falkoff & Wolff LLP can help you achieve your rightful compensation from all the liable parties and their insurers.

We will move fast with our investigation to collect evidence, negotiate hard with the insurance companies, and ensure that all your legal rights are protected. Call us today at 1-800-660-2264 or fill out this online form to discuss your best legal options.

Will I Get More Settlement Money With a Personal Injury Lawyer?

Many variables come into play when you are trying to figure out how much you will receive in settlement from the negligent parties that caused your injuries in New York. One of the most significant factors that insurance companies consider is what kind of legal representation is available to the injured victim. With a skilled and resourceful personal injury law firm on your side, which has a proven track of large settlements and verdicts, it gets easier to negotiate for the maximum possible settlement from the defendants.

If you decide to go without legal representation and try to pursue a claim on your own, it could end up costing you hugely in terms of potential lost settlement amount because the negligent party and their insurance adjusters will attempt to reduce your claim or shift the blame on you for your injuries and losses.

The typical settlement amount for accident victims with strong legal representation is at least 3.5 times more than for those without legal counsel. Studies also show that insurance companies settle 85% of the lawsuits where the defendants hire personal injury attorneys.

Research Shows the Value of Legal Representation in a Settlement

Three major studies reveal that hiring strong legal counsel for your personal injury claim in New York gives you the best chance of receiving the highest possible compensation.

  • A 1999 study by the Insurance Research Council found that accident victims who used personal injury attorneys received significantly more compensation than those who did not retain any legal counsel. The insurance findings, which have been held for almost 20 years, remain the most compelling evidence that a good lawyer makes a big difference.
  • Another report by IRC shows that 85% of insurance claims for personal injuries were paid out to those who had lawyered up. In 2014, after analyzing 35,000 claims from 12 private vehicle insurance companies, IRC research revealed that the size of insurance settlements was directly related to the extent of legal representation claimants had.
  • According to The All-Industry Research Advisory Council (AIRAC), accident victims who hire injury attorneys receive $1.59 for every dollar of economic losses suffered, compared to $1.26 received by unrepresented claimants. This means they obtained more profits and a chance at a fulfilling life after an unfortunate incident by having an attorney by their side. The benefit of having an attorney will pay for itself many times over during a lifetime.

A survey by Nolo found that 90% of people with personal injury lawyers settle their claims successfully, compared to 50% without one. When it came to personal injury payouts, those who hired a lawyer received an average of $77,600 for their claims—over twice as much money as those who handled the same cases themselves.

Personal Injury Lawsuits in New York are Complicated

While you may think you can handle it yourself when you are injured in a car accident or slip and fall, the reality is that the laws in New York for personal injury cases are complicated and need to be followed to the letter. If you don't follow all of the rules exactly, your case may be thrown out of court before it can ever get started.

This could effectively end your chance to recover from the injuries you suffered. A reliable attorney will know how to navigate the legal system and be on top of all these variables to get you the most money possible in settlement compensation.

Here’s how leading personal injury attorneys provide you a winning edge:

Analyze Your Case

When the trauma of the situation has passed, you're probably left with more pressing questions about your health and future, which is why it can be challenging to go back to track down details that could make all the difference in your legal case. But a personal injury lawyer will evaluate and put together a detailed timeline of the events leading up to the moment that changed your life. 

Like a detective trying to piece together the facts of a crime scene, an injury attorney has to analyze the scene of an accident by looking at where things are and aren't. During an inspection in a car crash, for example, they'll be looking for evidence that has been moved or possibly even planted to determine the cause of an accident. In relation to this, they will know how to read medical reports, talk to witnesses and conduct a thorough investigation to uncover things proving your case.

Assess Your Injuries

When you've suffered injuries due to someone else's negligence, it's essential to understand the full extent of your damages and what they could mean for your future. In addition to compensating you for your medical bills and lost wages, personal injury attorneys can help you assess your long-term losses.

Injuries are never pleasant. The physical pain, the emotional toll, and the financial implications can be overwhelming. To make an accurate compensation estimate, an injury lawyer will work closely with your medical team to evaluate the full extent of your injuries. This includes not only their immediate effects but also their long-term consequences.

For example, they will investigate your medical records to determine how much time you've lost from work and how much money you could lose in the future due to missed opportunities and diminished earning capacity. Based on these details, they will work with insurance companies to significantly improve your chances of receiving a monetary award through litigation or settlement.

Negotiate With Insurance Companies

When you're injured in an accident, your first instinct is likely to file a claim with your insurance company. But having the right legal representation can be the difference between a large settlement check and a small one. Insurance companies are not without resources when it comes to fighting claims.

They have legal teams ready to fight for them in court at all times, and those teams are well-versed in the ins and outs of personal injury law. Insurance adjusters also have access to experts who can testify that injuries are not as bad as they appear or that other factors contributed to an accident or injury.

Insurance companies have a lot at stake because they have to pay money when claimants win their cases. For this reason, they will do almost anything possible to avoid paying out money on claims — even if it means denying valid claims outright or dragging them out over time.

In fact, insurance companies are notorious for making lowball offers to injury victims who haven't consulted with an attorney. And even if you choose not to take legal action after speaking with a personal injury lawyer, you might be able to get more by going through a lawyer than you would otherwise.

Determine Liability

Being able to determine liability and holding the negligent parties responsible for what happened is just one piece of the puzzle when it comes to filing a personal injury lawsuit. It can be arduous for an individual who has suffered a personal injury because they may not know where to begin.

Based on this, personal injury lawyers have a network of experts, such as accident reconstruction specialists, private investigators and medical experts, to help build your case. These specialists have years of training and experience in their respective fields and will weigh all the evidence and make sure everything adds up before determining liability and proving your innocence. 

In a settlement negotiation or trial, the attorney will use all of this evidence and legal precedents to find a fair solution that accounts for all of your losses.

Use Expert Witnesses Effectively

Using expert witnesses and making them work for you is more than just hiring a bunch of people with advanced degrees and hoping for the best. An expert witness can bolster a case by adding credibility, providing the jury with the information they need to make an informed decision, or simply being persuasive.

These experts can make your case seem more legitimate, especially if they're willing to go on record saying that your client has been injured due to someone else's fault. The last thing you want is for these witnesses to look like they are making things up just because they think they deserve compensation.

An injury attorney can help prepare expert witnesses for trial by giving them materials that explain complex concepts in ways that people without extensive scientific training can understand. They will also ensure that experts have done their research about these concepts so that their answers aren't just regurgitations of what somebody else said.

This way, you have experts who come across as honest and thorough instead of just sounding like someone who memorized everything they were told by another person.

Our Capable and Resourceful New York Personal Injury Attorneys are Ready to Fight for You

If you have been injured in an accident, our New York personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you obtain your rightful financial compensation. We have extensive experience handling all types of personal injury claims, including vehicular accidents, pedestrian accidents, product & premise liability claims, medical malpractice, and wrongful death claims.

We're proud to have recovered millions of dollars in compensation for our clients, but we don't stop there. We also provide ongoing support throughout the legal process so that you can focus on recovering from your injuries. We know that an accident can change your life forever — physically and emotionally.

We aim to ensure that you receive the maximum compensation for your injuries and losses. We'll be there for you at every step of your case — from gathering evidence and building a solid case to negotiating with insurance companies to representing you in court if necessary.

The sooner we begin working on your case, the better chance we have of collecting strong evidence to hold all the responsible parties liable for your injuries and losses. Call us 212-344-1000 today to schedule your free consultation, or contact us online.

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