One road crash victim sues the at-fault driver and ends up winning a hefty lump sum in settlement! Meanwhile, another victim of a similar accident pursues compensation but their efforts come to nothing.
How could you explain these disparities? Did the second victim hire an inexperienced personal injury attorney, or were their injuries dismissed as inconsequential?
Well, as you’re about to find out, it’s a combination of both plus several other factors.
If you’ve been injured in New York and are considering pressing charges or filing a claim for compensation, this article is for you. Here are the factors that could strengthen your personal injury lawsuit.
1. Legal Expertise
We cannot overemphasize the significance of contacting New York personal injury lawyers immediately after sustaining an injury.
Legal representation is vital in navigating the intricate details of personal injury litigation. A lawyer will help you understand your rights, prepare necessary paperwork, and advocate for your interest throughout the claims process.
However, of greater importance is choosing an experienced personal injury attorney.
Start by confirming the individual you’re about to hire is a graduate from an accredited law school with a specialty in personal injury law. Then, check for proof of licensing as well as membership in reputable professional bodies.
More importantly, establish that the attorney has a trail of personal injury winnings to their name. It’s even better if they’ve litigated similar cases as yours.
Excellent negotiation skills, attention to detail, responsive support, and transparency with fees are other critical aspects when looking for a personal injury lawyer in New York.
2. Type of Injuries Sustained
Personal injuries come in many shapes and forms. The most common ones include;
- Slips and falls
- Motor vehicle accidents
- Workplace accidents
- Medical malpractices
- Pet attacks (such as dog bites)
The outcome of a personal injury lawsuit may depend on the type of accidents you’ve been involved in.
Generally, motor vehicle accidents and slips & falls attract the highest compensation. That’s because it’s relatively easier to establish negligence in such incidents than, say, medical malpractice or pet attacks.
3. Severity of Injuries
Besides falling into multiple categories, personal injuries also vary considerably in severity.
An auto crash causing minor bruises may attract modest compensation compared to an accident that results in a permanent disability.
However, note that the extent of physical injuries alone doesn’t impact the outcome of personal injury lawsuits. Your lawyer may negotiate for the maximum compensation using several other aspects, including emotional suffering, lost income, and impact on the overall quality of life.
Moreover, accidents resulting in secondary injuries typically attract higher payouts. A classic case is an auto crash that harms bystanders or causes wrongful deaths.
4. Amount of Evidence
Evidence of bodily harm is necessary to win a personal injury lawsuit. Your lawyer’s expertise can prove instrumental in documenting critical evidence of injury.
Usually, this involves photographing or videotaping the accident scene. Footage from surveillance cameras and witness statements may also help to strengthen your case for compensation.
Other evidence will depend on the type of accident you’ve been involved in. Examples include skid marks (for auto crashes), equipment maintenance logs (for workplace accidents), floor and staircase condition (for slips and falls), etc.
After careful documentation, your New York personal injury lawyer will help you preserve the evidence in line with standard regulations. That includes guarding against unauthorized dissemination of sensitive information, such as graphic images.
5. Proof of Negligence
Merely documenting vast volumes of evidence will not strengthen your personal injury claim.
Instead, you must demonstrate that your injuries resulted directly from the defendant’s negligence.
A professional personal injury lawyer in New York will bring their experience to bear in proving that the other party breached their duty of care.
In certain instances, crime scene experts may be called upon to reconstruct the incident in a bid to establish a direct relationship between the evidence gathered and the alleged cause of the accident.
6. Timely Filing
Personal injury lawsuits are subject to varying statute of limitations.
In New York, you generally have three years from the date of an injury to press charges. Missing this crucial deadline can disqualify you from pursuing compensation.
However, there are several exemptions to the three-year general rule.
For instance, injuries to minors have a statute of limitations kicking in when the minor becomes a legal adult (18 years).
Incidents involving insane parties may also have the statute of limitations stretched. The same is true for out-of-state defendants or undiscoverable injuries.
Your lawyer will be happy to interpret the statute of limitations applicable in your case.
7. Comparative Negligence
New York follows a pure comparative negligence doctrine. That means plaintiffs in personal injury lawsuits are entitled to damages despite the percentage of blame apportioned to them.
Many states would bar you from pursuing compensation if you’re deemed over 50% responsible for your injuries. In New York, however, you’ll still receive payouts even if you’re more at fault than the defendant.
Besides the state’s favorable comparative negligence rule, working with a personal injury lawyer can help maximize your compensation.
Your attorney will deploy every strategy in the book to minimize your responsibility in an accident.
8. Insurance Type
The defendant’s type of insurance coverage can determine the amount of compensation you receive from a personal injury claim. In fact, it impacts whether you’re indemnified in the first place.
Take traffic collisions, for instance. While personal injury protection (PIP) only covers the medical bills associated with treating auto crash injuries, uninsured motorist coverage pays for medical costs if you’re injured by an uninsured motorist.
Understanding the scope of each insurance coverage is key in negotiating for just compensation.
But even with the best coverage, insurance companies can deploy crafty strategies to have you accept lowball payments. Some insurers may also trick you into making self-incriminating statements, which they later use to amplify your responsibility in the accident.
To avoid costly blunders, it’s best to have your New York personal injury attorney handle all negotiations and correspondence with insurance companies.
Wrap Up
Traditionally, the success of personal injury cases was predicated on the strength of the evidence adduced. It turns out that there are multiple factors at play.
Remember that attorney experience is the most significant factor when seeking to strengthen a personal injury lawsuit in New York City. Besides picking a lawyer who specializes in personal injury, insist on someone with a proven track record of winning similar cases.
It’s also best to choose a New York-based rather than an out-of-state lawyer. As local attorneys target a smaller clientele, they tend to offer exceptional services in a bid to build a solid reputation within their community.
