Managing Partner
Most personal injury cases in Long Island settle without the need for a trial. However, reaching a settlement requires patience, negotiating skills, and understanding the laws and the value of your case. Knowing the process can help you prepare for settlement discussions if you have been involved in an accident.
The law firm you select will make a difference in the outcome of your settlement. Count on the dedicated personal injury team at Dell & Dean PLLC.
Retaining and Meeting With Your Attorney
The best way to claim the maximum amount of compensation is to hire a Long Island law firm that is experienced with the specific type of personal injury you have suffered. Your attorney will review the basic facts, assess whether you have a case, and explain how much it might be worth. To assist your lawyer, you should organize the following evidence:
- Details of where, when, and how the accident occurred
- Police or accident reports
- The identities of anyone you believe may have been responsible
- Pictures and videos of the accident scene and your injuries
- Your personal notes about the accident and its effects on your life
- The names and contact information of any witnesses
- Your medical bills, doctor’s notes, and a list of prescription medications
- Work records, particularly for missed time from work
- Your insurance information (especially if you were involved in an automobile accident)
Additionally, your lawyer will conduct an investigation to fill in any missing gaps. For example, your lawyer may investigate to determine the identities of other parties who may have been at fault. This is essential to settling for the most amount of money possible.
Demand Letter and Negotiations
Once your attorney has an idea of how much your case is likely worth, the next step is usually to send a demand letter to the at-fault parties and/or their insurance companies. This correspondence will include, among other details:
- The basic facts about the accident: Including the date, time, location, and identity of the parties who were at fault.
- An explanation of the party’s negligence: Your lawyer will set forth the basic facts that show how the at-fault party caused the accident.
- Information about your damages: Among these are such losses as medical bills and lost income, and details about future damages like additional medical treatments.
- The settlement demand: This is the dollar figure which your attorney will demand as a reasonable and fair settlement of your Long Island accident case.
The demand letter will open the door to negotiations among the parties. One especially useful negotiating tool is the use of mediation, in which a neutral third-party mediator helps the parties reach an agreement. Your attorney can represent you in mediation, review settlement offers with you, and help you decide whether to settle or take your case to trial.
At some point your lawyer may retain an expert witness who can assist with calculating a fair amount of compensation. As an example, an expert can explain the future treatments you may need because of your injuries, and how much they are estimated to cost.
Filing a Lawsuit and Additional Settlement Discussions
Even as you are attempting to settle the claim, you may need to file a lawsuit. For instance, filing the lawsuit could be necessary to avoid a statute of limitations issue. If you don’t file within this time period (usually three years from the date of injury in Long Island), you will not be able to recover anything.
You may also have to file a lawsuit to name additional defendants and to avail yourself of the discovery process. This is the formal stage of litigation by which parties to a lawsuit request and exchange relevant information. Common discovery tools include depositions, subpoenas, interrogatories, and requests for documents.
What your attorney learns through discovery will further shape the negotiation and settlement process. You may learn, for example, that the automobile accident was due to a faulty vehicle part. Upon discovering this your attorney will initiate negotiations with the automobile manufacturer or other responsible party.
Walking With Your Each Step of the Settlement Process
Ultimately, a settlement is the best way to receive the compensation you deserve without the time and hassle of a trial. However, if the at-fault parties and their insurance companies will not negotiate in good faith, then your attorney should be prepared to take your case to trial.
You can count on Dell & Dean PLLC to advocate for you from start to finish in your Long Island personal injury case. To get started or to learn more about how we can serve you and your family, complete our online contact form now.
