Friday, November 5, 2010

New York Personal Injury Lawsuits

Personal injury lawsuits arise from injury caused to a person through the action or negligence of another person. The injured person or his relatives should, ideally, contact a competent lawyer as soon as possible. New York has several such attorneys.

The lawyer will gather all the relevant facts relating to the case, prepare the claim and carry out negotiations with the insurance company concerned. If the settlement discussions fail or drag on, a case would be filed in the appropriate court. The petition would briefly state the facts relating to the case. But even after legal action is initiated, negotiations may continue; a settlement can be reached any time.

To obtain a favorable court verdict it has to be proven that the defendant acted intentionally or failed to take reasonable care. In the process, the victim may have to undergo a medical examination by the insurance company doctors. If the lawsuit comes to the trial stage, eyewitnesses, if any, and expert witnesses may have to be called. Usually the lawyer decides which witnesses are to be presented.

In the state of New York, the cost of filing a personal injury case is likely to be under $500. Transcripts of depositions may also involve a similar amount. The major cost will be for expert witnesses like doctors. Payment to the lawyer includes fees and expenses incurred for the case. The fee is normally a percentage of the compensation awarded by the court or agreed to in a settlement. It could be about one third of the amount after deducting expenses. The lawyer is to be paid on receipt of the compensation.

If the plaintiff resides outside New York, the lawyer will try to reduce the plaintiff's appearances in the court. Still, two visits may be required. The expenditure on travel can be claimed as expenses.


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