Car accident lawyers know the various tactics insurance companies use to deny claims. They can help you collect the necessary evidence, such as police reports, witness statements, medical records, and employment and lost wage information.
Initial Consultation
A car accident is a traumatic event that can leave you with severe injuries and significant financial burdens, including medical bills and vehicle repair or replacement costs. New York law provides victims the right to recover economic and non-economic damages to put them back in the position they would have been without the car accident.
A Fresno car accident lawyer can help you get the compensation you deserve to pay for these losses. They will take various steps in the early stages of your case to maximize your chances of success.
Never give any statements, oral or written, to representatives of the at-fault party’s insurance company. Doing so can be used against you in court. Instead, let your attorney handle the negotiations on your behalf.
Investigation
A car accident attorney can help you recover the maximum amount available for your medical bills, lost earnings, and damage to your vehicle. Injuries may also include the cost of future treatment, pain and suffering, and emotional distress.
Physical injuries sustained in motor vehicle accidents can range from minor cuts and bruises to traumatic brain injuries, spinal cord damage, paralysis, or loss of limbs. A successful claim will usually include showing that the other driver’s negligence caused your injuries and losses.
An experienced attorney knows what evidence to collect to prove this and how to gather it efficiently. They also have extensive experience with auto insurers and learn how to negotiate with them. This will help you avoid settling for less than you deserve.
Filing a Claim
Car accidents can be overwhelming, especially when facing expensive medical bills and lost wages due to injury. Whether you are at fault or share fault for the crash, you deserve fair compensation to help you get your life back on track.
Your attorney will build your case for damages by reviewing all the costs associated with your accident, including current and future medical treatment expenses, property damage to your vehicle, loss of income due to missing work, and other injuries. They will also calculate your pain and suffering to ensure that your losses are fairly represented.
They will file a lawsuit complaint with the court and serve a copy on the other parties in your case, who must then answer the suit within a specific time frame, known as the statute of limitations. Some cases settle at this point, while others move to trial.
Negotiating
The insurance company will likely offer a low initial settlement and get you to agree as quickly as possible to avoid paying what your injuries genuinely merit. You need a skilled car accident lawyer to negotiate a higher settlement.
Documentation of your damages is vital to securing a fair settlement. This includes documentation of your economic losses (medical bills, lost wages) and noneconomic losses (pain and suffering).
The best way to maximize your settlement is to present a well-written demand letter that clearly articulates the facts of your case and enumerates your damages. It would help if you were prepared to handle objections and disputes during negotiations. This can include arguments that your medical treatments are not necessary or that the severity of your injuries is exaggerated.
Going to Trial
Occasionally, car accident cases cannot be settled and must go to trial. If this happens, your attorney will prepare to present your case in court by filing a complaint against the at-fault party’s insurance company. This legal document sets out the facts of your accident, why the insured should be responsible under New York law, and demands damages.
Your lawyer will need to prove that the defendant owed you a duty of care, that they breached that duty of care, and that this breach caused the crash. They will also have to show that your injuries and losses meet the State’s threshold for serious injury.
Noneconomic damages like pain and suffering are harder to prove. Still, your Long Island car accident attorney will consult with experts and draw upon their experience to calculate your claim for these damages.
