Understanding the Personal Injury Claim Process.

A serious personal injury can change your life in an instant, resulting in physical, emotional, and financial consequences that can last a lifetime. When someone else’s negligence causes serious injuries, you are entitled to financial compensation. Looney Injury Law is here to help you understand the personal injury claims process and represent you in a legal claim to recover the financial compensation you deserve.

How Personal Injury Claims Work

Success in your personal injury claim requires significant resources and meticulous preparation. The personal injury claims process is often lengthy, with multiple deadlines and documentation requirements. Looney Injury Law can take the stress out of the process by handling your personal injury claim so you can focus on your recovery.

Seek Medical Treatment

When an accident causes injuries, the first thing you need to do is take care of yourself. Even if EMS came to the scene and provided emergency treatment, you should still see a doctor, even if you believe your injuries were minor. Many injuries take hours or days to appear. A doctor can examine you and prescribe appropriate treatment. In addition to protecting your well-being, having a record of your injuries immediately after the accident is an important aspect of your claim for damages. Without documentation from a doctor, the insurance company might assume your injuries were not serious and might refuse to pay your personal injury claim.

Meet with Looney Injury Law

As soon as possible, contact Looney Injury Law to schedule a free, confidential, no-obligation consultation to discuss your situation and how we can assist you. We will listen as you describe the accident, your injuries, and how it impacted your well-being. Then we will explain and help you evaluate your options for moving forward.

Notify the Insurance Company

Once you have retained (hired) Looney Injury Law, we will notify the insurance company that we are representing you and advise them to contact our office with any questions about your claim.

Investigate the Claim

During the investigation phase, we will learn more about the cause of the accident, your injuries, the medical care and treatment you required, and how the accident affected your life. This may involve taking witness statements, requesting reports, and identifying other parties that may have had a role in causing your injuries.

Negotiation and Possible Settlement

After we have gathered the evidence required to prove the nature and extent of your injuries and who was at fault for causing the accident, we will present that information to the insurance company with a settlement demand. The settlement demand is a formal request seeking compensation for medical bills and lost wages, as well as non-economic losses like pain and suffering and emotional trauma caused by the accident and your injuries. We will negotiate with the insurance company to try to arrive at an amount of money that will fairly compensate you for your losses.

We will discuss any and all settlement demands and offers with you, and will never settle your personal injury claim without your approval. If settlement is not forthcoming, we are prepared to file a personal injury lawsuit to protect your rights and fight for the compensation you deserve.

Filing the Complaint

A lawsuit begins with the filing of a Complaint. The Complaint is a short statement of what happened and why you are entitled to compensation. It establishes the court’s jurisdiction and includes a demand for the relief you seek.

We will serve the defendants with the suit papers, who then must respond. In New York, defendants have 20 or 30 days to respond, depending on how they received notice of the Complaint.

Discovery

Once the defendants have formally responded to the Complaint by filing an Answer, the parties begin Discovery. During this process, the attorneys evaluate the strengths and weaknesses of the opposing side’s case.

The parties typically exchange written discovery, which includes a series of written questions and requests for documents and other items.

Depositions usually take place in a lawyer’s office. They are an opportunity for the opposing lawyers to ask questions to learn what a party or a witness knows about the claim. Depositions give a lawyer insight into what a witness will say and how they will appear at trial. An attorney can use deposition testimony to impeach a witness if they say something during the trial that is markedly different from what they said during the deposition.

Pre-Trial Hearings

As the case progresses, the attorneys will periodically meet with the judge to discuss possible resolution and to prepare for trial if no resolution can be reached. Over 95% of cases are resolved without going to trial, but in our experience, the best way to obtain a favorable resolution is by preparing every case as if it will be tried.

Trial

If the case cannot be resolved, it will be scheduled for a trial. The lawyers begin with voir dire to select a jury, then present opening statements. Then, they call witnesses to establish the facts of the case. Finally, the attorneys make closing arguments and ask the jury to find in their client’s favor. Once closing arguments are complete, the judge reads the jury instructions, and the jury retires to deliberate.

The Experience and Resources Your Personal Injury Claim Demands

John Looney has been handling personal injury claims in and around Buffalo and throughout the State of New York since 2000. He will evaluate your circumstances to determine the full value of your claim and fight for a fair settlement. If resolution is not forthcoming, his law firm has the experience, resources, and expertise to take your case to court to fight for the compensation you deserve.

Contact Looney Injury Law Today

Looney Injury Law represents injured people and their families in and around Western New York and throughout the State of New York. Call us at (716) 300-7777 or contact our law firm via our website today to schedule a free, confidential, no-obligation consultation to discuss your situation and how we may be able to assist you.