Winning your personal injury claim can be a huge sigh of relief after months of uncertainty regarding the justice you have longed for after suffering an injury as a result of another’s negligence. After the initial excitement from winning the case, it is important you have a clear idea of what to expect as far as the timeline for when you can expect your compensation and how the settlement will be paid out.
The Law Office of Cohen & Jaffe is a New York personal injury law firm dedicated to helping clients get justice after they have been injured due to another party’s negligence. While every case is different depending on the specific details of what occurred, it is important to have a general understanding of how the final step following a successful personal injury claim will go as you wait to receive the awarded compensation, either by a settlement or jury verdict.
Personal Injury Cases Won: Understanding the Factors for Success in NY
Winning a New York personal injury lawsuit relies on a number of important elements. Strong legal representation, well-documented damages, and unambiguous responsibility show in the strongest cases. Whether the matter is settled or litigated, the result mostly relies on the facts put up and the attorney’s ability handling the issue.
New York’s legal scene might be complex, thus the strength of a case usually hinges on the capacity to prove carelessness, estimate damages, and counter defense strategies. Working with an attorney who understands how to maximize compensation is absolutely essential since insurance companies often want to minimize payments.
Key factors that contribute to winning personal injury cases include:
- Proving Liability – Establishing that the defendant was responsible for the accident is essential. The stronger the evidence of negligence, the better the chances of success.
- Medical Documentation – Detailed medical records that outline injuries, treatments, and recovery play a crucial role in determining compensation.
- Economic and Non-Economic Damages – Compensation covers medical expenses, lost wages, and pain and suffering. The ability to clearly quantify these damages strengthens the case.
- Experienced Legal Representation – A personal injury lawyer guarantees appropriate case preparation, aggressive negotiating strategies, and, should it be necessary, the capacity to forward the matter to a trial.
Having a knowledgeable legal team improves the likelihood of securing fair compensation, especially in a competitive legal environment like New York.
The Role of Evidence in Winning Personal Injury Cases
A strong personal injury lawsuit starts with strong evidence. The other side finds it more difficult to refute the allegation the more convincing the evidence is. Important kinds of proof include:
- Medical Records – These provide official documentation of the injuries and their severity.
- Witness Testimonies – Statements from bystanders, passengers, or first responders strengthen credibility.
- Expert Opinions – Medical professionals, accident reconstruction experts, and economists can provide crucial insights.
- Photographs and Videos – Visual records of accidents scenes, property damage, and injuries strengthen the claim.
- Police Reports – Should law enforcement attend to the accident, their report could be rather useful.
Whether they are arguing before courts or negotiating a settlement, personal injury lawyers create a strong case using this data.
What to Expect After Winning a Personal Injury Case in New York
Winning a personal injury claim is a significant achievement, but claimants should understand what happens next to ensure they receive full compensation. The process involves:
- Settlement Agreement Finalization – Both sides formally agree with agreements and compensation amount.
- Release of Claims – The injured party signs a document stating they will not pursue further legal action related to the incident.
- Distribution of Settlement Funds – Usually covering medical bills, attorney fees, compensation for lost wages and pain and suffering, the granted sum is distributed.
- Resolution of Liens – Should allegations against the settlement arise from insurance companies, doctors, or government agencies, they must be resolved before the claimant gets their money.
The process may take several weeks, depending on legal requirements and lien negotiations.
What Is the Timeline to Receive a Settlement Check?
After you have filed a personal injury claim and the insurance company for the other party agrees to a settlement, you can expect a check approximately three weeks after the filing of all settlement papers is completed. When this occurs, the liable party has accepted responsibility for causing your injuries. However, if your personal injury case goes to trial, the defendant in your case may decide to exercise their right to file an appeal. If this occurs, you may have to wait an additional one to two years to receive the funds from your settlement if your case wins after the appeal.
In either situation, your lawyer and the lawyer representing the at-fault party will inform the court that the parties have agreed to a settlement. A judge will then issue a document called an Order of Settlement. Once this document has been issued, both parties must complete all required paperwork within 30 or 60 days, depending on the exact details of the case. Your lawyer will help guide you and complete all necessary paperwork to ensure you receive your settlement check as quickly as possible.
How Will Your Settlement Be Paid Out?
To receive the compensation you have won from your personal injury claim, the defense attorney must prepare a document called a release that outlines the terms and conditions of the settlement. The terms for this document can be as short as a single paragraph or as long as 15 pages, and it is important to note that the defense attorney may deliberately make the release as long and complex as possible. This is often a tactic used to try to delay the payment of your settlement. However, you can feel confident that your personal injury lawyer will review the release with extra care to determine if any part of it is objectionable.
If both parties are unable to agree on the terms of the release, a judge may need to be involved. However, your lawyers will try to avoid this from happening as it slows down the payment of your settlement. Once an agreement is reached, you must sign the form in the presence of a notary public. Once signed, your signature indicates acceptance of the terms, which means that you are unable to petition to change them later. Your lawyer will help you review the terms beforehand to ensure you agree with them.
Speak With a Personal Injury Lawyer to Discuss Your Options After Winning Your Case
Winning a personal injury case should feel like the huge success it is. However, even after you have won your claim, you must take a few more steps to get paid.
At the Law Office of Cohen & Jaffe, our lawyers will provide you with the trusted legal counsel necessary to ensure that you get your settlement check in a timely manner without any hiccups after winning your personal injury claim. To schedule a free consultation with one of our New York lawyers, contact us here or call 516-358-6900. Additionally, subscribe to our YouTube channel for information on changes to New York personal injury laws.
FAQs: Your Questions About Winning Personal Injury Cases Answered
What percentage of personal injury cases are won?
While the majority—about 95%—are settled before they even get before court, around half of personal injury cases that get to trial are won by the plaintiff. Oftentimes, settlements provide assured money and faster remedies. Usually, cases that go to trial are those in which the defendant questions culpability or where settlement talks fall short.
What is a good personal injury settlement?
A good settlement ensures full compensation for all damages, covering both economic and non-economic losses. A fair settlement should include:
- Medical costs – Both past and future medical expenses related to the injury.
- Lost wages – Compensation for time away from work due to the injury.
- Pain and suffering – A monetary award for physical and emotional distress.
- Future financial impact – Thinking through long-term consequences like disability or lowered earning capacity.
A personal injury attorney ensures that all factors are considered before accepting a settlement.
What is the average payout for a personal injury claim in the USA?
Though payments vary greatly depending on the degree of the injuries and case specifics, the average personal injury settlement in the United States is about $55,000. While catastrophic injuries causing long-term impairment might result in multi-million dollar judgments, minor claims might settle for a few thousand dollars.
Factors affecting settlement amounts include:
- Extent of injuries
- Medical costs and ongoing treatment needs
- Impact on work and daily life
- Liability strength
- Pain and suffering considerations
Each case is unique, so consulting a personal injury attorney helps determine an appropriate settlement value.
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