the law office of dennis p. ryan

Frequently Asked Questions For personal injury claims

Overview of New York City Personal Injury Claims Process

The specific process for personal injury claims typically varies from state to state. However, the general steps of the process remain similar for most types of personal injury claims.

Here at the Law Office of Dennis P. Ryan, our personal injury attorneys can review your accident and outline how you can seek compensation. Call us today at (212) 441-4352 or fill out an online form to schedule your free consultation.

Initial Steps Following an Accident or Injury in New York

Following an accident or injury, it is crucial to seek immediate medical attention to treat any injuries. Medical treatment is important for the injured person's well-being, but a failure to seek treatment could also be viewed as a sign that the injuries were not serious.

Additionally, an injured person should consult a personal injury attorney as soon as possible following an injury. This allows the attorney to start the investigation early, request the required records, and review any insurance policies. The Law Office of Dennis P. Ryan attorneys know the required factual circumstances to establish liability and the records needed to secure compensation in a settlement or at trial. 

Demand for Compensation and Negotiations

A demand for compensation is commonly submitted to the insurance companies or responsible parties' attorneys after the injured person reaches their maximum level of recovery and the necessary facts and documents have been collected. Once submitted, the parties generally enter into the negotiation process, which could involve additional interviews and document requests. 

If the parties agree on an amount of compensation for any damages, they will enter into a settlement and the claim will be resolved without proceeding to court. Many personal injury claims result in settlements prior to filing a lawsuit; however, negotiations can stall if the parties view the case's value or circumstances differently.

New York City Personal Injury Lawsuit Process

It is important to understand that filing a personal injury lawsuit does not mean a claim can no longer be resolved through a settlement. Rather, cases are typically filed to comply with the state deadline, known as the statute of limitations, which could bar recovery if not met.

There are several stages that make up the lawsuit process, including the pleadings, discovery, and trial. The pleadings stage includes the injured party's complaint and demand for judgment as well as the other parties' answers and defenses. The discovery phase includes written questions and depositions for further investigation of a case. The trial is generally the final step in the lawsuit where each side presents their case, and a judge or jury determines fault and the amount of compensation, if any.

When to Hire a Personal Injury Attorney in New York City

A personal injury attorney is not required to pursue a claim; however, the process is often complex and requires significant knowledge and understanding of the laws and rules. For this reason, it is typically a good idea to discuss a personal injury claim with an experienced attorney even if it is a minor claim that might seem straightforward. That's where the Law Office of Dennis P. Ryan steps in.

If a personal injury claim involves severe damages or contention from the involved parties, it is unlikely that the case will be settled in a quick manner for a fair amount.

When there is significant compensation at stake, the responsible parties commonly attempt to shift the blame or do everything in their power to avoid paying what the injured party deserves. As such, a personal injury attorney could help effectively use the settlement process with insurance companies or the trial process through the courts to fight for fair compensation.

Call us at (212) 441-4352 or fill out our contact form to schedule a free.

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recent results

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recent results |

  • The Law Office of Dennis P. Ryan was able to win an important motion to allow a Department of Sanitation Supervisor to bring a Personal Injury Claim against the City of New York. Anyone who plans to sue a municipality in the State of New York, must file a Notice of Claim within 90 days of the date of the accident. A New York City Sanitation Supervisor recently contacted our law firm 5 months after the accident, and more than 2 months after the Notice of Deadline had passed. Our office was successfully able to convince the Court that our client's claim fell under an exception and should be allowed to proceed. Our client is now likely going to be able to receive money for his pain pain and suffering and lost wages.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He suffered an ankle injury that required him to go for Physical Therapy for 1-2 months. Even though he did not need any injections or surgery, we were able to convince the insurance company to offer the full amount of its $25,000 to settle the case. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He had to have a shoulder surgery and missed several months of work, losing Chart Money, Truck Money and Overtime Money. We filed a lawsuit on his behalf in Kings County (Brooklyn). Our office was able to settle case for the full amount of the driver's Insurance Policy. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our office was able to settle a case for the full amount of Insurance Policy for Pedestrian who tripped and fell on sidewalk in Nassau County. This was a tough case in a tough venue for Plaintiff's attorneys. Our client had contacted 2 previous law firms who declined her case because they thought it would be too difficult to obtain a settlement. Our office was not only able to settle the case but we were able to persuade the insurance company to offer the full amount of its insurance policy to settle the case.

  • Our office was able to obtain a settlement for $95,000 (out of a total of $100,000) for a Sanitation Supervisor who hurt his ankle in a car crash. The insurance company for the other driver made several motions to the court asking the Judge to dismiss the case. We were able to defeat each of these motions and eventually settle the case for $95,000. This was more than 3 times the initial settlement offer that the insurance company made.

  • Our client fell on a broken sidewalk in the Bronx in front of a 1 family house. We brought a lawsuit against the City of New York and the insurance company for the homeowner. Our client aggravated injuries to his ankle that he had suffered years ago while playing sports. The Insurance Company made a Motion to the Court asking to dismiss our case. We were able to defeat this Motion and we were eventually able to settle this case against the City of New York and the Insurance Company for a total of $75,000.

  • Our office was able to obtain a settlement of $97,500 out of a possible $100,000 in available insurance coverage for a Car Crash that happened in New Jersey. Our client was involved in a 2 car crash. She had a stop sign and the other driver did not have a stop sign. For that reason, the insurance company claimed that the crash was completely the fault of our client. Our firm hired investigators who canvassed the scene for witnesses, photos and videos of the crash. We were able to prove that the other driver was driving too fast for the intersection and was also at fault for the crash.

  • Our office was able to obtain a settlement of $170,000 for a woman who slipped and fell on ice on the stairs of the house that she rented an apartment at. Her landlord's insurance company argued that the landlord had done everything it could to prevent our client's fall. We were able to prove that the landlord had not properly shoveled and salted the steps before our client's fall.

  • Our Office settled a case for a Sanitation Worker who tripped and fell on uneven pavement inside his Sanitation Garage and hurt his ankle. The Worker had several prior Line of Duty Injuries (LODIs) where he had also hurt his ankle. Our office was able to prove that this LODI aggravated the old injuries and made the injuries worse.