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How Does a Personal Injury Lawsuit Typically Start?

Writing Notes

In many cases, an injury lawsuit usually starts if a victim is unable to reach a fair settlement or payout from the at-fault party’s insurance company. However, you can still file a lawsuit at any time, even if a claim is not filed with an insurance company. If the two parties are unable to come to terms with a payout, the injured party (plaintiff), will file a lawsuit directly against the party that caused an injury (defendant), whether it be an individual or entity. Although you may not have been able to settle a claim with the insurance company, you may still settle at any time with the opposition during the course of litigation. Because in many cases the insurance company is required to defend their client who is at fault, they may be more inclined to settle following the filing of a lawsuit.

In the case of car accidents, you may only bring a claim against the at-fault driver if the accident results in death, dismemberment, serious disfigurement or fracture, loss of fetus, permanent or significant limitation of the use of a body organ or function, or significant disability of at least 90 days.[1]

If you choose to file a lawsuit against the at-fault party, we will begin by filing a Complaint against the defendant in the appropriate jurisdiction. At the same time, we will then serve the defendant with a summons to appear before the court. After the at-fault party has been served, the discovery process will begin. During the discovery process, both sides submit evidence to the court that supports their claims. If by then, still no settlement is reached, the case will go to trial. Don’t forget, even if a trial begins, the two sides can still reach a settlement before the final verdict.

KI PI has a strong and experienced litigation team, which will fight each step of the way so you can be compensated for your injuries in the amount that you deserve.

[1] N.Y. Ins. Law § 5102(d) (McKinney)



This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team

KI Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, KI Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

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