If you’ve been injured due to someone else’s negligence, the thought of pursuing a personal injury lawsuit can feel overwhelming. You may have questions like: “Where do I start?” or “What will happen after I file a claim?”
At the Rothenberg Law Firm, our experienced Brooklyn personal injury lawyers understand that this process can be intimidating, especially while you’re recovering from an injury. With over 50 years of experience and billions of dollars in compensation recovered for our clients, we’re here to help guide you through every step of the legal process.
We are here to walk you through how a personal injury lawsuit works, from the free consultation and case evaluation to filing a claim, negotiating with insurance companies, and—if necessary—filing a lawsuit and going to court. We’ll also explain important terms like the statute of limitations and the difference between filing a claim and filing a lawsuit so you know exactly what to expect.
Brooklyn Personal Injury Guide
- Step 1: The Free Consultation and Case Evaluation
- Step 2: Filing a Personal Injury Claim
- Step 3: Negotiating with Insurance Companies
- Step 4: When a Personal Injury Claim Turns into a Personal Injury Lawsuit
- Step 5: Going to Court (If Necessary)
- What Happens if My Personal Injury Case Goes to Mediation?
- What if I’m Partially at Fault for the Accident?
- What Happens After a Personal Injury Settlement or Verdict?
- How Personal Injury Lawsuits Help Prevent Future Injuries
- Contact Rothenberg Law Firm for Help
Step 1: The Free Consultation and Case Evaluation
The first step in any personal injury case is a free consultation. At the Rothenberg Law Firm, we offer a no-obligation, free consultation to anyone who has been injured by someone else’s actions or negligence. This consultation allows us to hear your story, review the details of your case, and discuss how we can help.
During this meeting, you’ll have the opportunity to ask questions about the legal process and learn how we approach cases like yours. We’ll also evaluate whether you have a valid claim.
If we take on your case, we will work with you to gather evidence, identify witnesses, and build a strong case. From day one, our focus is on making sure you feel supported, heard, and confident in your decision to move forward.
How to Prepare for Your Initial Consultation
Preparing for your first consultation with a personal injury lawyer can feel daunting, but it doesn’t have to be. Bringing key documents can help your lawyer understand your case more clearly. Consider bringing the following:
- Medical records related to your injury
- Accident reports or police reports, if applicable
- Photos of your injuries or the accident scene
- Insurance information or communication with the at-fault party’s insurance company
- Witness contact information (if available)
However, don’t worry if you don’t have all of these materials. The most important thing is to share your story with a lawyer. Our personal injury attorneys will guide you through the process, help gather evidence, and work to build a strong case on your behalf. Just come in for your consultation, and we’ll take it from there.
Step 2: Filing a Personal Injury Claim
Once we agree to represent you, the next step is filing a personal injury claim. This claim is typically submitted to the at-fault party’s insurance company and details the nature of your injury, how the other party’s negligence caused it, and the damages you’ve suffered. Damages may include medical bills, lost wages, pain and suffering, and emotional distress.
We strongly recommend that you consult an attorney before taking any steps and do not try to file a claim on your own. Insurance companies are businesses whose goal is to minimize payouts—even if that means offering you far less than what your case is worth.
With an experienced personal injury attorney from the Rothenberg Law Firm by your side, you’ll have a skilled advocate negotiating on your behalf to ensure you receive the full compensation you deserve.
Step 3: Negotiating with Insurance Companies
After filing a claim, the negotiation phase begins. Insurance companies often try to settle quickly and for as little money as possible. They may deny responsibility, undervalue your injuries, or use delay tactics to frustrate you into accepting a low offer.
This is where having legal representation is critical. At the Rothenberg Law Firm, we have extensive experience dealing with insurance companies and know how to counter these tactics. We aim to negotiate a fair settlement covering your past, present, and future expenses related to the injury.
We won’t back down from advocating for your best interests, and if the insurance company refuses to offer a reasonable settlement, we are fully prepared to take your case to court.
Step 4: When a Personal Injury Claim Turns into a Personal Injury Lawsuit
If the insurance company fails to offer a reasonable settlement during negotiations, the next step may be filing a personal injury lawsuit. This doesn’t necessarily mean your case will go to trial—many cases settle before reaching the courtroom. However, filing a lawsuit signals to the insurance company that you are serious about getting the compensation you deserve.
Filing a lawsuit involves preparing a legal document called a complaint. This document outlines the facts of your case, names the defendant (the at-fault party), and specifies the damages you’re seeking. Once the lawsuit is filed, the defendant has a set period to respond.
After the lawsuit is filed, both sides enter a phase called discovery. During discovery, your attorney will gather evidence to strengthen your case, which may include obtaining medical records, witness testimonies, and expert opinions. The defendant’s legal team will also collect evidence to challenge your claims.
Throughout this process, we will keep you informed and handle all the legal legwork so that you can focus on your recovery.
The Difference Between Filing a Claim and Filing a Lawsuit
A personal injury claim involves negotiating with the insurance company to reach a settlement without going to court. Filing a lawsuit, on the other hand, means taking formal legal action against the at-fault party when negotiations fail.
Many personal injury cases are resolved at the claim stage, but some require filing a lawsuit to get fair compensation. Our attorneys will advise you on the best course of action based on the specifics of your case, and we’ll be with you every step of the way, whether your case is settled or goes to trial.
Step 5: Going to Court (If Necessary)
If your case cannot be resolved through settlement, it may go to trial. Going to trial involves presenting your case to a judge or jury, who will then decide whether the defendant is responsible for your injuries and, if so, how much compensation you should receive.
Trials can be stressful and time-consuming, but they are sometimes necessary to achieve justice. At the Rothenberg Law Firm, our attorneys are seasoned litigators with a track record of success in the courtroom. We will present a compelling case on your behalf, using the evidence we gathered during the discovery phase, expert testimonies, and our in-depth understanding of personal injury law.
While most personal injury cases settle before trial, it’s important to be prepared for the possibility. We will guide you through every step, from pre-trial motions to the final verdict, and fight tirelessly to secure the compensation you deserve.
The Statute of Limitations
The statute of limitations is the legal deadline for filing a lawsuit. In New York, the statute of limitations for personal injury cases is generally three years from the date of the injury. In New Jersey, the timeframe is typically two years.
Each state has a specific statute of limitations for personal injury claims. You may lose your right to pursue compensation if you miss this deadline.
Speak with an attorney as soon as possible after an accident to ensure you don’t miss this critical deadline. Even if you’re unsure whether you want to file a lawsuit, consulting with a lawyer early on helps protect your rights and gives you time to build a strong case if you decide to move forward.
What Happens if My Personal Injury Case Goes to Mediation?
If your personal injury case goes to mediation, it means both parties will attempt to resolve the dispute without going to trial. Mediation is a form of alternative dispute resolution where a neutral third party, called a mediator, helps facilitate negotiations between you and the other side (often the insurance company).
Both sides will present their cases during mediation, and the mediator will work to find common ground to help reach a fair settlement. Unlike a trial, mediation is non-binding, meaning neither party is forced to accept the outcome unless both agree. This process can be quicker, less stressful, and more cost-effective than going to court.
At the Rothenberg Law Firm, we guide clients through every step of mediation and ensure your rights are protected during negotiations. If mediation leads to a resolution, you avoid the need for a trial. However, if a fair settlement can’t be reached, we remain fully prepared to take your case to court to fight for the compensation you deserve.
What if I’m Partially at Fault for the Accident?
If you believe you may be partially at fault for the accident, you may still be able to recover compensation under a legal concept known as comparative negligence. In states like New York, New Jersey, and Pennsylvania, the law allows you to pursue a personal injury claim even if you share some responsibility for what happened.
Under comparative negligence, your total compensation may be reduced based on the percentage of fault assigned to you. For example, if you are found to be 20% at fault, your final settlement would be reduced by that amount. However, this still means you can recover 80% of your damages, which can be a significant amount to help cover medical expenses, lost wages, and pain and suffering.
Never assume you are ineligible to file a claim just because you think you might share some blame. We will review the details of your case and work hard to minimize your liability and any potential reduction in your compensation. Let us manage the complexities of comparative negligence and ensure you get the recovery you deserve.
What Happens After a Personal Injury Settlement or Verdict?
You’ll receive compensation for your damages once a settlement is reached or a verdict is awarded. The amount you receive will depend on the details of your case, including the severity of your injuries and their impact on your life. Your compensation may cover medical bills, lost wages, rehabilitation costs, and pain and suffering.
At the Rothenberg Law Firm, we work diligently to ensure that you receive the maximum compensation possible. If your case results in a settlement or verdict, we will handle all the logistics of collecting the payment so you can focus on healing.
How Personal Injury Lawsuits Help Prevent Future Injuries
Personal injury lawsuits do more than just secure compensation for victims—they also hold negligent parties accountable for their actions. By pursuing legal action, you help highlight unsafe practices or dangerous behaviors, sending a message that negligence has real consequences. This can lead to changes in policies, improved safety measures, and greater accountability, which ultimately helps create safer environments for others.
We believe that every personal injury case has the potential to make a difference. While your primary focus is on recovering from your injury, your lawsuit can also play a role in preventing similar harm to others in the future.
Contact Rothenberg Law Firm for Help
Navigating a personal injury lawsuit can be complicated, but you don’t have to go through it alone. With over 50 years of business and billions recovered for our clients, the Rothenberg Law Firm is committed to providing compassionate and dedicated legal representation to individuals injured by the negligence of others.
From the moment you contact us for a free consultation to the final resolution of your case, we will be with you every step of the way. Let us handle the legal complexities while you focus on your recovery.
If you’ve been injured, contact us today to schedule your free consultation. Together, we will fight to get you the compensation you deserve. Call our main office at 800-624-8888 or contact us online to get started.
