Key Takeaway
Learn the first steps to start an injury lawsuit in New York. Get expert legal guidance and a free consultation. Call 516-750-0595 today.
Understanding How to Start an Injury Lawsuit in New York
If you’ve been injured due to someone else’s negligence in New York, you may be wondering: “What are the first steps to start an injury lawsuit?” The process can seem overwhelming, but understanding the basics can help you make informed decisions about your case and protect your rights.
Whether you’ve been hurt in a car accident, slip and fall, or any other incident caused by another party’s negligence, knowing how to properly initiate a personal injury lawsuit is crucial for securing the compensation you deserve. Let’s walk through what you need to know.
Step 1: Verify Your Legal Standing to File a Lawsuit
The primary step in initiating an injury lawsuit involves verifying if you possess the legal grounds or standing to institute the lawsuit. While it’s true that lawsuits can be filed freely, without legal standing, the suit will not be viable, and it will be dismissed by the court.
To ascertain the viability of your case, a detailed evaluation of your situation is imperative, taking into consideration various specific elements pertaining to your incident. This evaluation should happen as soon as possible after your accident, as evidence can disappear and witnesses’ memories fade over time.
What Legal Standing Means for Your Case
Legal standing essentially means you have the right to bring a lawsuit because you were directly harmed by the defendant’s actions. In New York personal injury cases, this typically means you suffered physical injuries, property damage, or other losses directly caused by another party’s negligence or wrongful conduct.
Step 2: Identifying the Responsible Party
A successful injury lawsuit hinges on the identification of a liable entity responsible for the injury you sustained. This liability generally stems from the negligence of the defendant, although other grounds like strict liability, malicious intent, and intentional torts can also establish liability.
If your injury occurred on someone’s property, pursuing a premises liability lawsuit with the assistance of skilled Long Island premises liability attorneys is recommended. Attempting to navigate such cases alone can be precarious, as the defendant might attempt to place a portion of the blame on you, potentially coercing you into accepting an inadequate settlement.
A proficient attorney can guide you through the intricacies of comparative negligence, help you anticipate a reasonable settlement, and construct a robust case to aim for the maximum possible compensation.
Common Types of Responsible Parties in New York Injury Cases
Depending on your situation, the responsible party could be:
- Individual drivers in car accidents
- Property owners in slip and fall cases
- Employers in workplace accidents
- Healthcare providers in medical malpractice cases
- Government entities for dangerous road conditions
- Product manufacturers in defective product cases
Step 3: Determining the Appropriate Lawsuit Category
Before you embark on the process of filing a lawsuit with a Long Island Personal Injury Lawyer, it is essential to thoroughly analyze the accident and its implications on your life. This preliminary reflection will be beneficial later during the case construction, enabling you to present a detailed and accurate complaint to the court and the defendant.
When prepared to file, you must pinpoint the exact nature of the lawsuit you are initiating, which will depend on the type of injury incurred. Different regulations govern diverse lawsuit categories, which might influence the statute of limitations and liability standards.
Important New York-Specific Filing Requirements
For instance, according to New York General Municipal (GMU) §50-E, a notification must be sent to the respective municipality within 90 days post-injury if you intend to sue them. Missing this deadline can permanently bar your claim, which is why consulting with an experienced attorney immediately after your accident is so important.
Other critical deadlines in New York include:
- Personal injury cases: Generally 3 years from the date of injury
- Medical malpractice: 2.5 years from the date of malpractice or end of continuous treatment
- Wrongful death: 2 years from the date of death
- Claims against government entities: Often much shorter notice periods
Step 4: Establishing Liability Through Negligence
Most personal injury lawsuits find ground through the negligence of the defendant. To establish this, the plaintiff needs to present compelling evidence of the following four essential aspects:
1. Duty of the Defendant
This refers to the responsibility the defendant has towards the plaintiff, as defined by the existing circumstances. The expected standard of care varies based on the relationship and context. For instance, healthcare providers are expected to maintain a high standard of care during medical treatment, while shopkeepers are obliged to maintain safe premises and forewarn visitors of potential hazards.
2. Breach of Duty by the Defendant
Post defining the duty, it is necessary to illustrate how the defendant faltered in maintaining the requisite standard of care, thereby breaching their duty. This could involve instances like unsafe property conditions or violating traffic rules.
3. Causation
The plaintiff must establish a direct link between the defendant’s breach of duty and the resultant injury or harm. This includes both factual causation (but-for causation) and proximate causation (foreseeable harm).
4. Damages
Lastly, the plaintiff needs to demonstrate the damages endured due to the injury, which could encompass economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).
Even if your scenario doesn’t align with general negligence criteria, other liability theories might apply based on the specifics of your accident and injury. Consulting with an attorney directly could provide clarity on the potential liability in your case.
What This Means For You: Taking Action After an Injury
Understanding these steps is just the beginning. If you’ve been injured, here’s what you should do right now:
Immediate Steps After Your Injury
- Seek Medical Attention: Your health comes first, and medical records will be crucial evidence
- Document Everything: Take photos, get witness contact information, and keep all receipts
- Report the Incident: File police reports for accidents, incident reports for slip and falls
- Contact an Attorney: Don’t wait – evidence preservation and legal deadlines are critical
- Avoid Speaking to Insurance Companies: Let your lawyer handle these communications
How Long the Process Takes
Many clients want to know: “How long does an injury lawsuit take in New York?” The answer depends on several factors:
- Complexity of your case and severity of injuries
- Whether liability is disputed
- Insurance company cooperation
- Court schedules and backlogs
- Whether the case settles or goes to trial
Most cases settle within 6-18 months, though complex cases or those that go to trial can take 2-3 years or longer. If your case does go to court, our guides on what to wear to court and how to talk to a judge will help you prepare.
Building a Strong Foundation for Your Case
Success in a personal injury lawsuit often depends on the strength of your initial preparation. This includes:
Evidence Collection
Your attorney will help gather crucial evidence such as:
- Medical records and expert medical opinions
- Accident reconstruction reports
- Surveillance footage or photographs
- Witness statements and depositions
- Employment records for lost wage claims
- Expert testimony on your future needs and losses
Understanding New York’s Comparative Fault Rule
New York follows a “pure comparative fault” system, meaning you can still recover damages even if you were partially at fault for your accident. However, your compensation will be reduced by your percentage of fault. For example, if you’re found 20% at fault in a car accident case worth $100,000, you would receive $80,000.
Frequently Asked Questions About Starting an Injury Lawsuit in New York
Do I really need a lawyer to start an injury lawsuit?
While you’re not legally required to have an attorney, personal injury law is complex, and insurance companies have teams of lawyers working to minimize your claim. Statistics show that injured parties who hire experienced attorneys typically receive significantly higher settlements than those who represent themselves. An attorney can navigate the legal process, negotiate with insurance companies, and ensure you don’t miss critical deadlines.
How much does it cost to hire a personal injury lawyer?
Most personal injury attorneys, including our firm, work on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we win your case. Our fee comes from a percentage of your settlement or award, so we’re motivated to get you the maximum compensation possible. If we don’t win, you don’t pay attorney fees.
What if the insurance company offers me a settlement right away?
Early settlement offers from insurance companies are typically much lower than what your case is actually worth. Insurance adjusters know that injured parties are often facing mounting medical bills and lost wages, making them vulnerable to accepting quick but inadequate settlements. Before accepting any offer, consult with an experienced personal injury attorney who can evaluate whether the offer fairly compensates you for all your current and future losses.
How do I know if I have a strong case?
A strong personal injury case typically involves clear evidence of the other party’s negligence, well-documented injuries and damages, and a defendant with adequate insurance or assets to pay a judgment. However, even cases that seem straightforward can have hidden complexities. The best way to evaluate your case is through a consultation with an experienced personal injury attorney who can review the specific facts and circumstances of your situation.
What damages can I recover in a New York injury lawsuit?
In New York, you may be entitled to both economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages, lost earning capacity, and property damage. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In rare cases involving particularly egregious conduct, punitive damages may also be available.
Why Choose The Law Office of Jason Tenenbaum for Your Injury Case
Starting an injury lawsuit is a significant decision that can impact your financial future and quality of life. You need an attorney who understands both the legal complexities and the personal challenges you’re facing.
At The Law Office of Jason Tenenbaum, we’ve successfully helped countless Long Island residents navigate the personal injury lawsuit process and secure the compensation they deserved. We understand New York’s complex personal injury laws and have established relationships with medical experts, accident reconstruction specialists, and other professionals who can strengthen your case.
Our Comprehensive Approach
When you work with our firm, we handle every aspect of your case, including:
- Thorough investigation and evidence gathering
- Expert witness coordination and testimony
- Aggressive negotiation with insurance companies
- Preparation for trial if settlement isn’t possible
- Regular communication about your case progress
- Coordination with your medical providers
Take the First Step Today
If you’ve been injured due to someone else’s negligence, don’t let critical deadlines pass while you wonder about your options. The sooner you act, the better we can preserve evidence and protect your rights.
A lawyer from The Law Office of Jason Tenenbaum can evaluate the particulars of your case and provide a custom assessment on the potential of your personal injury lawsuit. Furthermore, they can assist in determining the appropriate lawsuit category to pursue for compensation. Whether your case involves premises liability, motor vehicle accidents, medical malpractice, or product liability, our experienced team can facilitate the necessary proceedings.
To explore your potential eligibility for compensation and receive guidance on filing your injury lawsuit, contact The Law Office of Jason Tenenbaum today. We serve clients throughout Nassau County, Suffolk County, Queens County, and New York City, fighting tirelessly to secure the justice you rightfully deserve.
Call the Law Offices of Jason Tenenbaum at 516-750-0595 for a free consultation. We’re here to help you understand your rights and guide you through every step of the legal process.
Disclaimer: The content provided on this website is for informational purposes only and does not constitute legal advice. The information may not be the most current and might not apply to your jurisdiction. Every case is unique, and results depend on specific facts and circumstances. It is recommended to seek legal guidance for your specific situation.
