What to Expect in a Personal Injury Settlement Process in New York

February 27, 2025

What to Expect in a Personal Injury Settlement Process in New York

When you’re injured due to someone else’s negligence, navigating the legal process can feel overwhelming. Understanding how personal injury settlements work in New York can help you prepare for what lies ahead. At Cascione, Purcigliotti and Galluzzi P.C., we assist New Yorkers in securing the compensation they deserve. Here’s what to expect during the personal injury settlement process.


1. Initial Consultation and Case Evaluation



The process begins with a consultation where an attorney reviews your case, evaluates liability, and determines the potential for a settlement. Evidence such as medical records, accident reports, and witness statements play a crucial role in establishing fault and damages.


2. Filing an Insurance Claim


Most personal injury cases start by filing a claim with the responsible party’s insurance company. This includes submitting documentation of injuries, medical expenses, lost wages, and other damages. Insurance adjusters will assess the claim and may make an initial settlement offer, often lower than what you may be entitled to receive.


3. Negotiating a Settlement


Negotiation is a critical phase of the settlement process. Your attorney will communicate with the insurance company to reach a fair settlement. This stage can take weeks or months, depending on the complexity of the case and the willingness of the insurer to negotiate in good faith.


4. Settlement Agreement


If both parties agree on compensation, the settlement agreement is drafted, detailing the terms and the amount awarded. Once signed, the injured party typically agrees to release the defendant from further legal claims related to the incident.


5. Receiving Compensation


After signing the settlement agreement, compensation is disbursed. Payments are typically made as a lump sum or structured payments, depending on the agreement. Your attorney will ensure all legal fees and outstanding medical expenses are addressed before you receive your final compensation.


6. When a Lawsuit Becomes Necessary


If negotiations do not result in a fair settlement, filing a lawsuit may be necessary. In New York, personal injury lawsuits must generally be filed within three years of the accident. If a case proceeds to court, it can take additional time before reaching a resolution.


Final Thoughts


The personal injury settlement process in New York can be complex, but having legal guidance ensures your rights are protected. At Cascione, Purcigliotti and Galluzzi P.C., we work diligently to help injured individuals secure the compensation they deserve. If you’ve been injured in an accident, contact us to discuss your case and explore your legal options.

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