New York Car Accident Litigation
If you need to file a personal injury claim in addition to the insurance benefits that you have filed for after a serious accident, you need the help of a New York car accident litigation lawyer immediately. A car accident litigation lawyer in New York will view your case with an evaluative eye to determine whether or not you have grounds to file an injury claim. Many people expect that their insurance company will protect them in full after they have been critically hurt in an accident but this is rarely the case. This is largely because the injuries you sustain in such an accident can be overwhelming and can make it impossible for you to put the pieces of your life back together and move on as normal. Finding out that you need to hire a car accident litigation lawyer makes it all the more important to retain someone who is knowledgeable about the litigation process in New York. The right attorney can empower you with a great deal of information and knowledge to help you move forward. The car accident lawsuit process in New York is often used if you have made use of all of the insurance benefits to which you were entitled and still have outstanding medical bills or other damages. While every vehicle accident interrupts the lives of the victims involved, the vast majority are not serious and only lead to limited injuries and property damage.
That being said, serious auto accidents can lead to catastrophic injuries and might prompt you to hire an experienced New York car accident litigation attorney. Although the steps in litigation may be distinct from one case to another, they are generally the same and therefore, you can gain an overview about the typical stages of litigation in a New York car accident case.
Bear in mind that the vast majority of car accident cases in New York with personal injury claims will end in settlement. This means the other party may suggest a lump sum or other settlement offer that could be amenable to you and could allow you to close out the lawsuit without further litigation. However, this is not always possible and highlights why you need to hire an attorney. Pre-litigation is the first stage of a New York car accident case and this includes gathering evidence, contacting a knowledgeable accident lawyer, collecting, and assembling evidence associated with the accident, filing the no-fault claim, notifying the at-fault party about your intention to file a claim and initiating discussions of a fair settlement regarding your claim.
If you are not able to achieve settlement at this point in time, you'll move on to the litigation phase. This begins when your lawsuit is formally filed in the courthouse. You will file the claim at the right New York courthouse and trigger the discovery process after the other party has been notified of the lawsuit. The discovery process involves the parties getting evidence from one another.
You will get a good sense of the other party’s defense to the claim at this point in time. The presentation of your own evidence can trigger the other party to suggest a settlement offer when he or she believes that the uncertainty or the costs associated with litigation may be too much. However, if you are not able to achieve settlement through mediation or other means, your lawyer should be prepared for litigation. A jury may hear the case if your case goes to trial. The jury will make a determination and judgment is finalized or the parties will come to a settlement. The settlement agreement should include a comprehensive evaluation of the injuries sustained in the accident and the damages to which you are entitled as a victim. Even when the victim is successful in the case, there could be difficulty in recovering the compensation that they are owed. This is why it is so important to hire the right lawyer who has a track record of pursuing full and fair compensation and ensuring that all the facts of the case have been carefully reviewed well in advance of the pursuit of such a claim.
This can dramatically increase your chances of not only achieving a settlement or winning in litigation, but of actually getting the money that you are owed. Since your family's future depends on this compensation to assist you with a recovery of injuries that you have sustained in a car accident caused by someone else, you cannot afford to wait and should instead hire a lawyer who can help you pursue full and fair compensation as soon as possible.