NEW YORK LEGAL HELP CENTER - HOW DO I FILE A LAWSUIT
Did You Know?
An average of 115 people die each day in motor vehicle accidents in the US - one every 13 minutes.
The lawsuit is the means provided by our legal system for a person who believes that he or she has been injured by the misconduct of another person for those injuries received in an accident. The person seeking compensation is called the plaintiff - the person or company that compensation is being sought from is called the defendant.
The lawsuit begins when the plaintiff files a document called a complaint in court. The complaint will identify all the defendants and contain statements (called "allegations," because they have not yet been proven to be true in a court of law) of what the defendants did wrong and how that wrongful conduct has harmed the plaintiff.
Statute of Limitations on Filing
If you or a loved one has been injured in an auto accident your case must be filed within the statute of limitations. This means that the case must be filed within a certain time period or you will be barred from receiving compensation. The statute of limitations is different for each state.
There are essentially five areas in the treatment of any claim by insurance companies:
- Determine whether the policy was in force as of the date of loss and whether the allegations against the insured fall within the terms of coverage.
- Evaluate the scope and extent of the claimant's allegations.
- Decide on the validity and credibility of the claim and claimant.
- Assess its monetary responsibility, how much it will cost to settle a third party claim and/or how much it will cost to defend a third party claim in a trial.
- Decide if they will settle a claim outright or go to trial.
As the claimant, it is very important to understand how the players within the insurance system play in order to collect settlement and payment for damages. There are five (5) issues to consider and understand in dealing with the insurance adjuster:
- Who's Who within the insurance system
- How insurance adjustors defend themselves
- How to avoid "bad faith" traps and unfair settlement techniques
- How to prevail within the system
In general, there are various techniques that an adjuster might employ in dealing with you as a claimant:
- Lowballing settlement offers
- Unreasonable delays
- Stonewalling
- Intimidation
Where Can A Civil Suit Be Brought?
To the person you want to sue (the defendant) into court, you must bring suit in one of the places authorized by law. The simplest rule is that you may bring suit in the city or county where the defendant lives, is regularly employed, or has a regular place of business.
You may also bring suit in the city or county where your cause of action arose (where the act on which your claim is based took place). If the defendant is a non-resident of Virginia , you may bring suit wherever the defendant can be found, or owns property within the state.
CONTACT A NEW YORK LAWYER
If you are in need of legal advice or services, or simply wish to speak to an attorney who has successfully handled legal cases in New York , you may use this Free Online Consultation Form.
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