Stages of personal injury cases

On Behalf of | Jan 18, 2022 | Personal Injury

Being properly compensated for injuries following an accident in New York can be a frustrating process. Insurance companies do sometimes pay claims quickly when financial liability is clear. However, what many claimants do not understand is that their claim could be much more valuable than the insurance company wants to admit. And once the claimant signs the settlement paperwork, the case is closed regardless of ongoing medical issues that may arise in the future. Here is what an effective claim process entails.

Filing the claim

The process for filing a personal injury claim begins with contacting the defendant or its representatives. In a New York auto accident, the no-fault law requires injured drivers and their passengers to file first with the driver’s personal auto policy carrier. The insurance provider pays medical and wage replacement benefits up to the limit of the policy maximum.

Filing a claim against negligent drivers

Compensation for any long-term general damages or potential punitive damages requires filing an accident injury lawsuit against other drivers who have a degree of negligence. Many accident cases actually require filing litigation against multiple drivers following multi-car crashes. The initial court submission includes details of the injury and ties the respondents to causation.

Discovery hearing

The next hearing will allow both plaintiff and defense representatives to openly discuss evidence being used in obtaining or denying compensation for the plaintiff. This can also give all parties an opportunity to submit and accept settlement offers as well as establish grounds for each side to evaluate regarding any decision to go to trial.