Personal Injury Trial

A personal injury attorney must always be prepared for all stages of litigation, including trial, even when settlement negotiations are underway. A skilled personal injury trial lawyer not only understands substantive and procedural laws that govern these cases, but knows how to anticipate and mitigate potential challenges in order to maximize their clients’ chances of success.

At Voldz Law, we understand the complexities of personal injury lawsuits and how to present a compelling case in the courtroom. If you are a New York attorney whose client has a pending personal injury matter, find out how we can serve their best interests through a referral partnership arrangement.

Elements Of a Personal Injury Claim

Prevailing in court begins with knowing what to prove in court. It is the plaintiff’s burden to establish the elements of a personal injury lawsuit, which are:

Duty of care: A duty of care exists when someone has a responsibility to take care not to injure someone else. Some injuries are simply the result of unfortunate accidents, and the courts provide no remedy for them. However, in the context of personal injury, the plaintiff must show that the defendant had an obligation to avoid conduct that caused harm.

As an example, everyone who drives on the public roads of New York owes a duty of care to other motorists and pedestrians. Inherent to this duty is conducting oneself in a manner to avoid the reasonably foreseeable harm of a car accident.

Breach: The second criterion, and one that the parties often intensely dispute, is whether the defendant breached the duty of care. Using the above example of a car accident, since speeding could easily cause serious injury or death to others, it would breach the duty of care.

Negligent, reckless, or intentional acts or omissions may breach the duty of care. This means that the failure to act can in some cases be a breach. In strict liability cases, there is almost automatic liability if the defendant breaches their duty and causes injury.

Causation: The next element of a New York trial for personal injury is causation. This is known more specifically as a proximate cause because of how close in time the breach must be to the injury. Even if the defendant breached their duty, there is no case without proximate cause.

To demonstrate causation, the plaintiff does not have to show that the defendant’s breach was the only cause of their injury. However, the cause cannot be remote. For instance, a driver runs a red light and almost hits another vehicle. The driver of the second vehicle is understandably shaken up but uninjured. A few blocks later, that driver – still in shock – crashes and sustains an injury. The speeding driver may have contributed to the accident but likely not the proximate cause of it.

Damages: Finally, the plaintiff must demonstrate the nature of the losses they suffered. These losses are collectively known as damages and they are broadly divided into three categories. First is economic damages, which are so named because their monetary value is objective and relatively easy to calculate. Medical bills, lost wages, and property damage are examples. Non-economic damages are more subjective and lack a precise dollar value. Examples include pain and suffering and loss of consortium.

Lastly, the courts allow punitive damages in limited cases. As the term implies, these are designed to punish especially negligent or malicious conduct. Although they are rarely awarded, an astute personal injury trial attorney will demand them if the facts of the case allow.

What Are the Steps In a Personal Injury Lawsuit?

There are several stages of a personal injury case that we follow to help ensure the best possible outcome for the plaintiff. At Voldz Law, our approach to the personal injury claim process includes:

Signing a Referral Agreement: When you sign a referral agreement with us, you can have confidence that you are sending your client to a trusted New York trial lawyer. We are experienced with all manner of personal injury cases and are prepared to handle any contingencies or challenges that may arise. For instance, we know how to anticipate and defuse comparative negligence claims and biases against motorcyclists that threaten to undercut their jury award.

Exchanging Evidence and Information: During this phase, we learn as much about the client’s injury as we can. Part of this may include exchanging relevant evidence and information with the defendant’s insurance company. We do this in a way that provides enough detail about the accident to put together a demand for compensation without unnecessarily tipping our hand as to strategy.

Filing a Personal Injury Lawsuit: Personal injury lawsuit settlements are common but never guaranteed. If we cannot reach an agreement with the defendant, we can initiate litigation. Our initial complaint will meet the strict requirements of the rules of civil procedure and court rules. It will also set forth the strongest possible claim to eradicate the possibility of getting dismissed on prima facie facts.

Serving the Lawsuit on the Defendant: Next, we serve the court papers on the defendant(s) in accordance with the rules of civil procedure. Defendants who are difficult to locate, who are corporate or government entities, or who are located outside of New York can sometimes complicate the service of process. We are prepared to overcome these and other hurdles.

Pre-trial Procedures: We conduct a thorough investigation of the facts early in the personal injury lawsuit timeline. This includes speaking with witnesses who could provide valuable testimony at trial, taking photos and videos of the accident scene, obtaining accident records and other documents, getting copies of the victim’s medical and income records, and speaking with expert witnesses.

Discovery Process in a Lawsuit: Discovery is a critical component in the personal injury lawsuit process. We know what it takes to obtain the evidence needed through subpoenas, depositions, requests for the production of documents, requests for admissions, interrogatories, and more. We also take care of responding to discovery requests the victim may receive.

Pre-trial Conference: We attend all pre-trial conferences the judge schedules, working closely with our personal injury case manager. These conferences typically focus on settlement discussions and potential jury selection in anticipation of a trial.

Trial and Appeal: Where possible, we continue to negotiate personal injury lawsuit settlement amounts up until the day of trial. By the day of trial, we are prepared well in advance with the evidence we need to present a robust case. We also prepare cases with an eye toward a possible appeal in the event the verdict is not what the client deserves.

Things To Keep In Mind While Preparing For a Trial

Getting ready for a personal injury lawsuit requires organization, focus on the client’s interests, and anticipating the defendant’s arguments. Our firm takes the following matters seriously:

• Picking the right referral partner: We know how much you care about your clients and the outcome of their personal injury cases. Referring a client is a significant act of trust and that is not lost on us. Let us demonstrate our record of success in proving that you have sent your client to the right law firm.
• Assessment of all personal injury damages: All personal injury plaintiffs deserve to receive the best possible compensation for their claim. Properly assessing and valuing the dollar worth of the client’s case is one of our proudest strengths as a law firm.
• Assessment of all retained experts: Expert witnesses play a significant role throughout the personal injury claim process. They facilitate damages assessments (including future damages) by explaining the victim’s medical injuries and prognosis, the impact of the injury on the client’s vocational prospects, and much more. We have a trusted network of expert witnesses ready to provide strong testimony on behalf of our clients. We also evaluate the strengths and weaknesses of the defendant’s experts.
• Preservation of evidence: Sometimes, defendants may lose evidence or attempt to destroy it before the plaintiff can get their hands on it. We are well aware of this and take affirmative steps to preserve the evidence. Where necessary, we take court action to prevent the spoliation of evidence and ensure the client’s case remains strong.
• Presentation of evidence: Understanding New York’s evidentiary rules is critical to both admitting the plaintiff’s evidence and excluding questionable, irrelevant, and unreliable evidence from the defendant. We think quickly on our feet during evidence presentations and are always ready to argue for or against the admission of an exhibit.
• Preparation of trial strategy: The best personal injury trial strategy is adaptive to changing scenarios that will emerge in the weeks or months leading up to the trial date. We will be ready with a comprehensive blueprint that takes into account the potential for a settlement, which the parties could reach even after the trial has started.

Benefits Of Hiring Trial Counsel

At Voldz Law, we bring the following advantages to the table:

Understanding the statutes and court cases: The sine qua non of a successful trial lawyer is a comprehensive grasp of personal injury case law. We understand how negligence statutes and court cases will apply to a plaintiff’s case.

Understanding court rules: Failure to grasp the rules of civil procedure, local court rules, rules of evidence, and discovery could jeopardize the client’s case. With Voldz Law, you have these covered.

Prudent and informed negotiations: Negotiating a settlement should always be on the table, but it is an acquired skill that takes into account future damages, the defendant’s risk-benefit analysis, and the client’s needs. Gennady Voldz is not only a skilled litigator but an efficient negotiator as well.

Experience working with insurance companies: We are familiar with the tactics of insurance companies who aggressively deny and underpay legitimate claims. We know how to deal with insurers to advocate for our clients’ interests and maximize their recovery.

Personal Injury Case Checklist

We take strategic steps to help our clients recover the maximum compensation possible in personal injury cases:

Client assessment and intake: We will analyze the client’s case and, if the client retains us, have them sign the intake form, contingency fee agreement, and other paperwork. We also check for conflicts of interest and address related legal matters like HIPAA authorization.

Calendaring: It is important to add key dates, hearings, deadlines, interviews, and other tasks to the calendar. One particular focus is the personal injury lawsuit statute of limitations.

Investigation: By conducting our own independent investigation, we can gather the evidence the client needs, begin building a case, and identify witnesses and expert witnesses who will bolster our arguments. We will collect accident records, medical records, income and wage statements, and everything possible to build a robust case.

Legal research: Legal research and analysis of personal injury case law are indispensable steps in the process. As specific issues arise during the pre-trial and trial phases, we will continue conducting research and updating our trial plan if necessary.

Drafting legal paperwork: This not only includes the complaint, but also the demand letter to insurers, spoliation letters, and client releases and authorizations. We will also begin drafting discovery requests.

Trial preparation and settlement negotiations: We never assume that a case will either settle or go to court, so we run parallel courses of trial preparation and settlement discussions throughout the case. If the trial date comes, we are ready to execute our litigation strategy.

Post-trial procedures: Our firm can advise the client on possible post-trial strategies such as appealing the verdict or filing court motions. If the case has been settled or the jury has reached a favorable verdict, we will do what is necessary to obtain the client’s compensation funds.

How Long Can a Personal Injury Claim Take?

Resolving personal injury cases can take months or sometimes years, depending on such factors as:

• The severity of the victim’s injuries
• The seriousness of the accident
• The number of parties and their individual interests
• The willingness of the defendants to settle
• How busy the courts and judges are
• Whether personal injury lawsuit mediation is viable
• The availability of a mediator
• The personal injury settlement timeline
• How long it will take to receive a personal injury settlement check

We will update the client throughout the life of the case as events and timelines change.

Case Types Voldz Law Has Experience With

Our firm is experienced with the following practice areas:

• General Negligence: This umbrella category covers anything involving a breach of the duty of care that injures the client.
• Motor Vehicle Accidents: From drunk driving and speeding cases to those involving manufacturer liability, we are prepared to seek compensation.
• Wrongful Death: Wrongful death is an extension of personal injury law, although the damages are different. If the victim died from their injuries we can demand justice for eligible survivors.
• Medical Malpractice: These are among the most complex personal injury cases and require expert witness input and an appreciation for the legal strategies and defenses of medical providers and their insurers.
• Municipal Liability: If a municipal official negligently harmed someone in their official capacity, we can represent the victim. Suing a governmental entity involves an entirely different set of rules and deadlines, with which we are experienced.
• Premises Liability: A negligent property owner who allows a hazard on their premises can be liable for resulting injuries. Some examples of such cases are slips and falls, negligent security, cases based on the attractive nuisance doctrine, and swimming pool accidents.
• Criminal Defense: We also provide criminal defense to those accused of certain types of felonies and misdemeanors. We protect the client’s civil and procedural rights throughout our representation.

Why Should I Work With a Personal Injury Trial Partner?

Voldz Law founder Gennady Voldz represents clients from start to finish, unlike other New York trial lawyers who pass off most of the work to associates or paralegals. He genuinely cares for his clients and their families, and has served as a volunteer and mentor to underprivileged communities. You should want to refer your clients to Gennady because he:

• Invests care and time in preparing cases, and applies this approach to all client matters with an eye towards ethics and professionalism
• Has extensive experience with motor vehicle accidents, premises liability lawsuits, and nursing home abuse and neglect cases
• Has secured multiple multi-million dollar results in personal injury trials, earning the trust of some of the city’s best personal injury firms

Looking For a Personal Injury Trial Attorney? Let’s Connect

Voldz Law prides itself on putting forth the strongest possible arguments at trial while maintaining a results-oriented focus that stays open to the potential for settlement at all stages. Find out why so many New York attorneys entrust their clients to our personal injury trial team. Connect with Voldz Law today.