The days and weeks following a car accident can be frantic and overwhelming. A vehicle accident lawyer is an advocate for many victims who are dealing with physical discomfort, medical bills, and increased stress.
You may be severely injured and unable to return to work, and think that hiring a lawyer is worthwhile, but there are several prerequisites involved, which will be discussed a bit deeper into the text.
Unfortunately, car accidents are widespread in the United States, but there are numerous ways in which lawyers can assist following a car accident. Many accidents may cause catastrophic injuries, leaving sufferers unable to pay their expenses or perform daily duties. An auto accident attorney can provide you with a free consultation, answer your questions, and explain your legal rights to compensation following a collision.
A Lawyer Explains How New York State Law May Impact Your Case
In Long Island, New York, you must establish how numerous state laws governing motor insurance and personal injury may affect your case. Long Island car accident lawyers can assist you in negotiating all relevant legislation, including:
- Injury Threshold: In New York, you can sue an at-fault motorist for damages, but you must prove that your injuries reach a “serious injury” threshold. A lawyer can tell you everything you need to know about negotiating these rules.
- Statute of Limitations: Most states, including New York, have a deadline for filing a lawsuit following an automobile accident. This is referred to as the statute of limitations deadline. According to CPLR Section 214, you have three years to launch a lawsuit. In most wrongful death cases, you only have two years to file a lawsuit (under EPTL § 5-4.1).
- Deadline to File No-fault Claims: If you are injured in an automobile accident, you must claim no-fault benefits to cover medical expenses and other fundamental economic losses. According to the New York State Department of Financial Services, a no-fault claim must be filed within 30 days of the crash.
To assist you in making an informed decision, we’ve developed a list of how accident lawyers fight for your rights and why you should employ them.
1. Investigate The Crash Thoroughly
You will need documentation to obtain the compensation you require to cover medical treatments and any relevant expenses. More precisely, you’ll need evidence that the other motorist was at fault for the incident and that the accident caused you bodily harm, mental distress, and monetary loss.
An automobile accident lawyer can collaborate with investigators to collect crash film, locate pertinent police reports, obtain eyewitness statements, and even examine vehicle damage. Once they have gathered the necessary evidence and statements to make the at-fault motorist liable, they will file an insurance claim.
2. Find Proof of Negligence & Culpability
If someone else caused your accident and you were gravely hurt, you’ll need to prove that they were careless. Negligence is the recklessness that caused your accident, such as improper lane changing or driving under the influence of alcohol. Gathering strong evidence can be critical in your vehicle accident lawsuit since it will help you prove that the other party is responsible for compensating you.
A lawyer will know how to obtain this evidence for you. They may use sources such as:
- Police reports
- Witness statements
- Camera footage
- Dash cam footage
- Crash reconstruction data
3. Compensation For Injuries
Your injuries could be severe, and the costs of medical treatment could be high. A lawyer can assist you in demonstrating the severity of your injuries as well as the expenditures associated with your recuperation. They may accomplish this by collecting evidence from:
- Medical records
- Doctors’ statements
- Expert testimony to confirm the severity of your injuries
Frequently, insurance companies will make an initial offer that does not fully cover your medical expenses and other losses. In this case, a lawyer might work to demonstrate not just that you have debts to pay for previous treatments, but also that you may be expecting future or ongoing treatments.
Your lawyer’s purpose is to obtain all possible compensation for you, including medical care costs and other expenses. Depending on the specifics of your case, a lawyer can assist you in seeking compensation for:
- Lost income: This can include the income you were unable to earn while recovering from your injuries.
- Reduced earning capacity: If you have to shift employment or work fewer hours, you may be able to recoup the difference between your previous and present wages.
- Pain and suffering: If you are in severe physical pain or experiencing emotional distress, you may be able to claim compensation.
4. Negotiate With The Insurers
Another reason to hire a vehicle accident attorney is that they can deal with insurance providers.
Insurers are constantly trying to take advantage of naive claimants by offering lowball settlements and seeking ways to undermine legitimate claims. If you’ve been injured in an automobile accident caused by another motorist, you won’t want to face their insurance company alone. If you do, you are unlikely to acquire the funds necessary for a complete financial and physical recovery.
If you engage an experienced or regional car accident attorney, they can negotiate with insurers to obtain a settlement that covers all of your losses. Lawyers have hundreds of hours of experience negotiating with even the most obstinate insurance adjusters. They will ensure that you obtain every penny you are owed.
5. Meet Pivotal Deadlines
Another compelling reason to hire a car accident attorney is their understanding of critical legal deadlines. If your lawsuit must be filed by a specific date, your lawyer will be aware of this and will work fast to ensure that everything is delivered on time.
In New York, CVP Section 214 governs personal injury and car accident cases. This regulation requires that all auto crash lawsuits be filed within three years of the accident. If you file your claim late, you risk not being compensated for the pain, costs, and mental distress you have had.
Each state has a statute of limitations for bringing injury claims. Your lawyer will be educated about the deadlines in your state.
6. Bring The Case To Trial
In rare cases, a lawyer may recommend launching a lawsuit against the party responsible for the lawsuit. This may occur when the culpable party’s insurer refuses to make a reasonable settlement offer. If you need to file a case, a lawyer can handle all the necessary tasks for you, such as:
- Filing the lawsuit paperwork
- Prepare your case evidence for trial
- Cross-examining witnesses
- Developing arguments for your case
- Ensure that your lawsuit fulfils the statute of limitations date
The lawsuit procedure might be complicated, but when you employ a lawyer, you won’t have to worry about dealing with the problems.
Final Thoughts
Regardless of your accident or injury, hiring a Long Island car accident lawyer has significant advantages, for it can alleviate most of the stressors associated with getting into an accident.
If you were injured as a result of another driver’s negligence, an experienced attorney can assist. You are not required to contact insurance companies, arrange a settlement, or investigate the collision on your own. As your wingman, they will guarantee you receive reasonable compensation for medical expenses, pain and suffering, and lost wages.
And, all this while, you can focus on recovering, obtaining therapy, and regaining your health while the lawyer handles the details.
