If you have been injured and the other party is at fault, you may have a valid personal injury claim. Undoubtedly you probably have question like many in your circumstance do when filing your claim and its potential. By meeting with an experience personal injury lawyer, you can get the answers to your question that relate to your specific case. We are listing her some of the general answers to some of the most common inquiries.
Is there a Deadline to File a Personal Injury Lawsuit?
Under New York civil law, anyone who wants to file a personal injury claim has three years from the date of injury to do so. The injured party has to serve the at-fault party with court paperwork before the three-year deadline, or they will lose their legal right to pursue the claim.
Do You Have a Valid Personal Injury Claim?
There are for basic elements of negligence a valid personal injury claims share:
- The other party owed you a duty of care. An example, to stop at a red light
- The other party breached their duty of care. An example, failing to stop at the red light
- Their breach caused your injuries
- Your injuries caused your damages such as medical bills, lost wages, and pain and suffering
Unless you or your attorney can prove each of these elements, your claim is likely not valid. It is always best to check with a personal injury attorney to be sure.
Do You Need an Attorney to File a Lawsuit?
It is not required that you have a respected Syracuse personal injury attorney represent you when filing a personal injury lawsuit in New York State. You can file one yourself but personal injury law can be complicated and it is not recommended. Most plaintiffs who try and represent themselves find they quickly get over their head and reach out for help. An example of why you should get representation would be, lets say you sustain serious injuries as a result of being injured in a car accident. Trying to go it alone against powerful insurance companies opens the door for mistakes that can cost you. By getting the proper representation you have a much better chance of receiving more compensation.
Can You Sue More than One Person?
If there is more than one person or party liable for your injuries you can. Multiple parties can be listed as defendants in the lawsuit. Each may settle on their own with you, and some could proceed to trial. If your case proceeds to trial, then the court will decide how much fault each defendant is for your injuries and order them to pay a proportional share of your damages.
How Much is My Case Worth?
There is no formula to answer this question. This is a question you should ask your attorney when you meet with them. With that said, based on the severity of your injuries, the circumstances that led to your injuries, and other factors, an experienced personal injury attorney will be able to estimate what your case might be worth.