Should You Negotiate a Personal Injury Claim or File a Lawsuit?

There are different ways for you to get compensated for your injuries

At any moment, an accident can change your life forever. You might be injured if you slip on a stair or trip on a cracked sidewalk. You might be injured in a car accident or while you are working. Accidents happen all the time. The injuries that they cause can be costly and life-altering.

Personal injury is the harm you suffer due to someone else’s negligence or harmful conduct. New York State’s personal injury laws are designed to help you get fairly compensated for lost wages, medical costs, pain and suffering, and other costs associated with your injuries. Common types of personal injury cases include:

Depending on the situation and type of injury, you may negotiate a claim with an insurance company or you may file a lawsuit and go to court. If you can prove that someone else was liable for your injuries, you may be able to be compensated for your losses.

Starting a personal injury claim

Very few personal injury cases go to court. In most cases, some type of settlement is negotiated before a lawsuit is filed or before a lawsuit goes to trial. The case is settled by a written agreement (settlement) negotiated among you, the person (or entity) responsible for your injury, insurance companies and attorneys representing the different parties.

Filing a personal injury lawsuit

A personal injury lawsuit begins when the injured person files a complaint with the court. All parties involved in the lawsuit usually attempt to negotiate a settlement before the case goes to trial. If the case goes to trial, a jury will determine if the injured party will receive compensation (damages). Sometimes the court will recommend an alternative dispute resolution process such as mediation or arbitration.

Does it make sense to negotiate a claim or should you go to court?

An experienced personal injury attorney will evaluate the best course of action for your case:

  • Insurance personal injury claim. For most personal injury cases, the other party has insurance so your attorney will help you file an insurance claim and negotiate a fair settlement.
  • Personal injury lawsuit. If the insurance company is reluctant to pay or you need to prove negligence, filing a lawsuit will be the preferred course of action. Sometimes, a judge will recommend that you resolve a lawsuit using alternate dispute
  • Do not pursue compensation. If the at-fault party is uninsured and has very limited ability to pay a judgment, your attorney may advise you that compensation is unlikely and pursuing a claim or lawsuit does not make sense.

It can be challenging to pursue your personal injury claim and there are some very strict timelines involved in filing claims and lawsuits. Your personal injury lawyer can help you collect the documentation and other evidence you will need and meet the appropriate deadlines.

Get a free consultation with a Bronx personal injury attorney

If you have been injured, Bronx personal injury attorney Evan W. Kohn can help you take action and fight for the compensation you deserve. To schedule a free consultation, contact The Law Offices of Evan W. Kohn online or call 718-409-5500.

Attorney Evan Kohn
About the Author: Evan Kohn
Evan W. Kohn is an experienced personal injury attorney serving the New York City area. He handles cases ranging from auto accidents to personal injury, Slip and falls, truck accidents, and medical malpractice.