In a place like the Bronx, the potential for accidents and injuries lurks around almost every corner. If you are hurt in an accident, the person who caused the accident should be held responsible, even if their actions are not criminal. A personal injury lawyer can help you get justice.
You can start your case by contacting a qualified lawyer to help you draft and file a formal complaint against the person responsible for your injuries. This can be a time-consuming and complicated process, so it is best to start as soon as possible. Your attorney can help you prepare documents, file paperwork, develop legal strategies, and possibly negotiate a private settlement with the defendant.
Begin with a free, confidential case assessment from our personal injury attorneys by calling The Martello Law Firm at (914) 685-6950.
How Do I Begin a Personal Injury Lawsuit in the Bronx?
Starting a lawsuit is no simple task, and you should seek help from an attorney before you begin.
Draft and File a Formal Complaint
Lawsuits begin with a formal legal complaint. The complaint is a document that must explain why you are suing, how your accident happened, and the damages you believe you are entitled to. You must also include information about your evidence, although you do not have to have all the evidence necessary to prove your claims. You only need enough evidence to show you have a valid cause of legal action.
Discovery Phase
The discovery phase is a crucial step in the judicial process, where both sides exchange relevant information and evidence in their possession. This allows both sides to build the strongest cases possible while avoiding surprises in the courtroom. We may receive new evidence during discovery that we might not otherwise obtain.
Trial vs. Settlement
Even after all this, you might not have to go to a full trial. Our personal injury attorneys may instead negotiate with the defendant to secure a settlement for you. If the defendant offers an adequate settlement, there may be no need for a trial.
Do I Need a Lawyer to Help Me with My Personal Injury Case in the Bronx?
While plaintiffs are not required to be represented by attorneys to file a lawsuit, proceeding without a lawyer is unwise.
Documentation and Paperwork
Lawsuits often hinge on paperwork and legal documentation. If certain documents are not filed correctly, it could derail your case. Your attorney should be familiar with proper court procedures and be able to file all your paperwork appropriately.
Legal Strategies and Evidence
Having evidence is only half your legal battle. You must also know what to do with it once your case goes to trial. How we present evidence and determine lines of questioning for witnesses is a huge part of your legal strategy, and an experienced attorney should be able to devise the strongest legal tactics for your case.
Communication
Your attorney is a barrier between you and the defendant. Plaintiffs should not communicate directly with defendants once their lawsuit begins. Instead, all communication should go through your attorney. Similarly, your attorney can communicate with the court and the authorities on your behalf.
FAQs About Personal Injuries in the Bronx
How Can I Tell if I Have a Personal Injury Claim?
Personal injury claims must involve a bodily injury of some kind. While you may file other claims alongside your personal injury, such as claims for property damage, the physical injury is the key element of a personal injury case.
How Do Personal Injury Cases Start?
You start a personal injury case by drafting a formal complaint against the person, people, or entity you believe is responsible for your injuries. Complaints are lengthy, formal documents that must include specific details about the case, your injuries, evidence, and damages.
Is There a Time Limit on Personal Injury Claims?
Yes. In New York, plaintiffs must file personal injury cases no later than 3 years after the injuries first occurred. The clock starts ticking on the day you are injured, so time is of the essence.
Where Do I Get Evidence for a Personal Injury Case?
Evidence may come from almost anywhere, and your attorney can help you determine where to find evidence in your specific case. Some common sources of evidence include the accident scene, witnesses, and information obtained during the discovery phase.
Can I File an Insurance Claim for Personal Injuries?
Possibly, yes. Depending on your injuries and how your accident occurred, your claims could be covered by your insurance or the insurance of the person responsible for the accident. While many find insurance to be helpful, others are not so lucky, and your attorney can help you take action if insurance does not pan out as you hoped.
How Do I Get a Settlement for Personal Injuries?
Settlements may be worked out between plaintiffs and defendants at almost any time before a personal injury trial is completed. Your attorney may negotiate on your behalf to convince the defendant to pay a settlement that can adequately cover your damages, and a trial would no longer be necessary, saving both parties time and legal fees.
Do My Injuries Need to Be Severe for Me to Sue?
No. While bodily injuries are a necessary element of personal injury claims, the injuries need not be severe or life-altering to warrant legal action. Many plaintiffs are able to fully recover from their injuries and still sue for damages.
How Does a Lawyer Help Me with a Personal Injury Case?
Your attorney can help you initiate the lawsuit by drafting and filing a strong complaint. They can also help you communicate with the defendant and the authorities while developing an effective legal strategy to prove your claims.
Should I Speak to the Defendant in My Personal Injury Lawsuit?
No. A plaintiff should not make direct contact with the defendant after filing a lawsuit. Instead, all communications should go through your attorney. If the defendant tries to reach out to you directly in any way, do not respond and inform your lawyer.
How Long Will a Personal Injury Case Take to Finish?
How long a case ta to complete varies based on numerous factors specific to each case. Some are resolved in a few short months, while others take more than a year to complete. You may cut your case short with a settlement agreement, but this is not guaranteed.
For Legal Support, Call Our Bronx Car Accident Attorneys
Begin with a free, confidential case assessment from our personal injury attorneys by calling The Martello Law Firm at (914) 685-6950.
