Lawsuits

Life can change in an instant. One moment, you’re going about your day, and the next, you’re dealing with the aftermath of an accident or injury that wasn’t your fault. It’s overwhelming, confusing, and often, deeply frustrating. If you’ve found yourself in this situation, you’re not alone. Filing a personal injury claim can feel daunting, especially when you’re already dealing with physical pain, emotional distress, and financial strain. But understanding the process—and working with an experienced personal injury attorney—can make it less intimidating.

For over 80 years, Pulvers, Pulvers & Thompson has been one of the most trusted names in personal injury law in the New York area. During this time, we’ve guided countless clients through the often overwhelming process of filing a personal injury claim. We know how confusing and stressful it can be to navigate the legal system while recovering from an injury. That’s why we’re committed to making the process as clear and straightforward as possible.

In this guide, we’ll walk you through each step of a personal injury claim, from your initial consultation to the resolution of your case, whether through settlement or trial.

Step 1: The Initial Consultation

The first step in any personal injury claim is reaching out to an attorney for a consultation. This meeting is your opportunity to share the details of your case and ask questions. It’s also a chance for the attorney to evaluate whether you have a viable claim. Most personal injury attorneys, including the ones on our team offer free, no obligation consultations.

During this consultation, you’ll discuss:

• The circumstances of your injury (e.g., a car accident, slip and fall, or medical malpractice).
• The extent of your injuries and how they’ve impacted your life.
• Any evidence you’ve gathered, such as photos, medical records, or witness information.

We understand how vulnerable you may feel during this time. That’s why we approach every consultation with compassion and a commitment to listening. If we believe you have a case, we’ll explain the next steps and how we can help.

Step 2: Investigation and Case Evaluation

Once you’ve decided to move forward, your personal injury attorney will begin investigating your claim. This step is crucial because it lays the foundation for your case. The goal is to gather as much evidence as possible to prove liability (who was at fault) and damages (the extent of your losses).

Here’s what this phase typically involves:

• Collecting Evidence: This might include accident reports, medical records, photos of the scene, surveillance footage, and witness statements.
• Consulting Experts: In some cases, experts like accident reconstruction specialists, medical professionals, or economists may be brought in to strengthen your claim.
• Assessing Damages: Your attorney will calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs related to your injury.

This step can take time, but it’s essential to build a strong case. Remember, your attorney is your advocate, working tirelessly to ensure you’re in the best possible position to recover compensation.

Step 3: Filing the Claim

Once the investigation is complete, your attorney will file a claim with the at-fault party’s insurance company. This is essentially a formal notification that you’re seeking compensation for your injuries.

The claim will include:

• A detailed account of the accident.
• Evidence supporting your case.
• A demand for compensation.

At this stage, the insurance company will assign an adjuster to review your claim. It’s important to note that insurance companies are businesses, and their goal is to minimize payouts. This is where having an experienced attorney on your side makes all the difference. They’ll handle all communication with the insurance company, ensuring your rights are protected.

Step 4: Negotiation and Settlement Discussions

In many personal injury cases, the next step is negotiating a settlement. This is where your attorney and the insurance company go back and forth to reach an agreement on how much compensation you’ll receive.

Here’s what you should know about this phase:

• Patience is Key: Negotiations can take time, especially if the insurance company initially offers a low settlement (which is common).
• Your Attorney is Your Advocate: Your attorney will fight for a fair settlement that covers all your damages, not just the immediate costs.
• You Have the Final Say: While your attorney will provide guidance, the decision to accept or reject a settlement offer is ultimately yours.

Many personal injury claims are resolved at this stage. Settling can be a faster and less stressful option than going to trial, but it’s important to ensure the settlement is fair and adequate for your needs.

Step 5: Filing a Lawsuit (If Necessary)

If negotiations don’t result in a fair settlement, your attorney may recommend filing a lawsuit. This doesn’t mean your case will automatically go to trial—many lawsuits are settled before reaching the courtroom. However, filing a lawsuit shows the insurance company that you’re serious about pursuing your claim.

The lawsuit process involves several steps, including:

• Discovery: Both sides exchange information and evidence related to the case.
• Depositions: Witnesses, including you and the at-fault party, may be questioned under oath.
• Mediation or Arbitration: These are alternative dispute resolution methods that can help both sides reach an agreement without going to trial.

While the idea of a lawsuit can be intimidating, your attorney will guide you through every step, ensuring you’re prepared and informed.

Step 6: Trial (If Necessary)

If your case doesn’t settle during the pre-trial phase, it will proceed to trial. This is the final step in the personal injury claims process, and it’s where your attorney will present your case to a judge or jury.

Here’s what to expect:

• Opening Statements: Both sides outline their arguments.
• Presentation of Evidence: Your attorney will present evidence and call witnesses to support your claim.
• Closing Arguments: Both sides summarize their cases.
• Verdict: The judge or jury will decide whether the defendant is liable and, if so, how much compensation you should receive.

Trials can be unpredictable, but they also provide an opportunity to seek justice when settlement negotiations fail. At Pulvers, Pulvers & Thompson, we’re experienced trial attorneys who will fight tirelessly for your rights in the courtroom.

Step 7: Receiving Compensation

If your case is resolved through settlement or trial, the final step is receiving your compensation. This can include:

• Economic Damages: These cover tangible losses like medical bills, lost wages, and property damage.
• Non-Economic Damages: These compensate for intangible losses like pain and suffering or emotional distress.
• Punitive Damages: In rare cases, the court may award punitive damages to punish the at-fault party for particularly egregious behavior.

Your attorney will ensure the compensation process goes smoothly, so you can focus on healing and moving forward.

You Don’t Have to Navigate This Alone. Contact Us Today and Get the Support You Need for Your Personal Injury Claim

Filing a personal injury claim can be a complex and emotional journey, but you don’t have to go through it alone. At Pulvers, Pulvers & Thompson, we’re here to guide you every step of the way. From the initial consultation to the resolution of your case, our team is dedicated to fighting for the justice and compensation you deserve. If you’ve been injured due to someone else’s negligence, don’t wait to seek help. Contact us today for a free consultation, and let us help you take the first step toward getting the justice and compensation you’re entitled to.

Disclaimer: This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.