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What Requests Should I Make During My Personal Injury Suit?

Were you injured in an accident in New York? If so, you need access to the maximum available financial compensation to pay your bills and provide for yourself and your family. Whether you were hurt in a car crash, a slip and fall, or due to medical malpractice, you have the right to take legal action against the at-fault party. 

You may be wondering: What compensation should I request as part of my personal injury lawsuit? The short answer is that you should seek financial relief for the full extent of your damages, including non-economic losses. In this article, our Albany personal injury attorneys provide a more detailed explanation of the requests to make in a personal injury suit in New York. 

You Should Request Financial Compensation For The Full Extent Of Your Losses

In New York, injured victims have a legal right to seek money for their actual financial losses (economic damages) and their intangible losses (non-economic damages). As part of your personal injury suit, you should request financial compensation for the full amount of damage/losses that you suffered as a result of the accident. At Powers & Santola, our New York personal injury lawyers help victims and their families seek compensation for: 

  • Property damage, including vehicle repairs;
  • Ambulance fees and emergency room care;
  • Other hospital bills and health care bills;
  • Ongoing physical rehabilitative support; 
  • Loss of current and future wages; 
  • Pain and suffering; 
  • Permanent disfigurement or disability; and
  • Wrongful death of a family member. 

A Note on New York Law: To bring a successful personal injury claim, you must prove fault. New York is a comparative fault state. Under the law (NY CPLR § 1411), each party to an accident will be held liable for their proportional share of the blame. A victim may be even held partially liable for their own injuries. Defendants and insurers often try to push blame back onto the plaintiff (the injured victim) in order to reduce the ultimate value of the settlement/verdict. 

Initiate Your Claim With A Professionally Drafted A Demand Letter

As noted above, your personal injury lawsuit should include a request for full and fair financial relief. The complete extent of your losses should be compensated properly in accordance with New York law. Though, it is worth noting that the personal injury claims process generally does not start with the filing of a lawsuit. Instead, claimants should initiate their case with a professionally drafted demand letter. The Cornell Legal Information Institute explains that demand letters tend to do three things: 

  1. They state the harm suffered and the defendant’s liability; 
  2. They make a clear request for compensation; and
  3. The confirm the sender’s (victim’s) intent to take legal action if the case is not settled. 

A well-drafted demand letter is an essential part of the personal injury claims process. If you are preparing to request compensation after an accident, an experienced New York personal injury attorney can help you prepare a proper demand letter. 

Only A Small Percentage Of Personal Injury Cases Are Resolved In Court

Your personal injury case may not be resolved in court. In fact, the majority of personal injury lawsuits filed in the United States are resolved before or during trial proceedings. The Bureau of Justice Statistics (BJS) reports that less than 5 percent of all tort (personal injury) claims receive a verdict. That being said, you must be fully prepared for a lawsuit. Your case could always be one of the outliers that goes to trial. 

Beyond that, large corporations and big insurance companies will not offer a full and fair personal injury settlement unless they are convinced that you will be able to hold them liable in court, should you push your case forward. When you present a strong case that is backed by comprehensive supporting evidence, defendants/insurers will start to take your claim far more seriously. The settlement process always starts with a well-crafted demand letter. 

Call Our New York Personal Injury Attorneys For A Free Consultation

At Powers & Santola, LLP, our New York personal injury lawyers fight aggressively to help victims and families get justice and financial compensation. Results matter. If you have any questions about the requests you should make during a personal injury lawsuit, we are here to help. Contact us today for free, confidential legal advice. From our legal office locations in Albany, Rochester, and Syracuse, our law firm represents injured victims all around the wider area, including in Troy, Saratoga Springs, and Schenectady.

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