If you’re reading this article, you probably recently survived a car accident, or have a friend or family member who did. While no one wants to be involved in a car accident, it can happen to anyone. These types of accidents are often unexpected and unplanned. However, they do occur frequently in Upstate New York and other parts of the country as well. Car accidents can result in serious injuries, property damage, and even death.
If you are involved in an auto collision or near-miss that is not your fault, and someone is hurt as a result, you may be wondering what your options are as far as legal representation goes. Although every personal injury case is different, here are some things to keep in mind if you were involved in an auto accident that resulted in serious injuries:
Basics of Auto Accident Lawsuits
Every state has its own set of laws regarding personal injury cases. In New York, a person who was injured through no fault of his or her own in an accident caused by a negligent party may have a case for damages. Negligence, in this context, means that the person responsible for the accident was negligent, and therefore, is responsible for any resulting damages or injuries.
If you were injured in an accident, you might be able to file a lawsuit against the person who caused the accident. Damages in these types of cases can include medical expenses, lost income from missing work, future medical care costs, pain and suffering, and more.
Lawsuits can be filed against the person responsible for causing the accident as well as his or her insurance company. Your goal, of course, is to receive as much in damages as possible, including money for your current and future medical bills, lost income, pain and suffering, and more.
When Should I Hire a Lawyer?
You may want to hire a lawyer after an auto accident if the accident was serious enough that you or someone else was injured, or if there is a good chance you will be sued by the other party after the accident. Some factors that may indicate that you would be wise to hire a lawyer include:
-The accident was very serious, such as if someone died as a result, or if there were significant injuries.
– There is a chance that you will be sued by the other party after the accident.
– You feel the accident was not your fault and you want to protect your rights.
– The other party does not seem willing to negotiate in good faith.
– The other party has limited or no insurance.
Even if you are confident that you are not at fault and you do not think the other party will file a lawsuit, it is always a good idea to hire a lawyer after an auto accident. This is because a lawyer can help you navigate the process of dealing with your insurance company, getting your car fixed, and dealing with any other issues that may arise from the accident.
Negotiating a Settlement on Your Own
Many people who are involved in minor car accidents choose to negotiate a settlement on their own. While this is perfectly reasonable in many cases, you may want to hire a lawyer if you are in any way unsure of how to proceed. After an accident, the other driver’s insurance company will send you a letter asking you to complete a liability report.
In this report, you will be asked to describe the accident, as well as your injuries, if any. You will also be asked to provide details about the other driver and his or her vehicle. After you send in this report, the insurance company may offer you a settlement.
If you do not accept this settlement, the other driver’s insurance company may decide to take you to court. Let’s say you refuse to take the insurance company’s settlement offer. The company may then decide to take you to court, where a judge will decide how much they feel you owe them in damages.
When You Need a Lawyer Right Away
Let’s say you were seriously injured in an accident, and you believe that the other driver was at fault. You may want to hire a lawyer right away if:
– The other driver does not have insurance.
– You believe the other driver was negligent and at fault for the accident, but there are no witnesses.
– You are not sure if the accident was the other driver’s fault.
– You are not sure if the other driver is insured, or if they have enough insurance to pay for your damages.
If you think the other driver is at fault but you are not sure, it is in your best interest to hire a lawyer as soon as possible. This way, your lawyer can take the necessary steps to prove the other driver was at fault and pay for your damages.
Representing Yourself in Court
If the accident resulted in a fatality, or if both parties were seriously injured and could not negotiate a settlement on their own, the case will most likely go to court. To prepare for this, you will want to hire a lawyer right away and proceed with the court process as soon as possible.
This way, you can try to get as much money as possible for your medical bills, pain and suffering, lost income, and other damages. If you have been involved in a car accident and are uncertain as to whether or not you should get a lawyer, there are a few things you can do to help decide: First, if the accident was serious, such as if someone was seriously injured or even died as a result, you may want to hire a lawyer.
Second, if you believe the other driver was at fault for the accident, but there are no witnesses, you should hire a lawyer. Third, if you are not sure if the accident was the other driver’s fault, or if they are insured, you should hire a lawyer.
Conclusion
Car accidents can be scary and stressful experiences, especially if someone is seriously injured or even killed. If you were involved in an accident, you may want to hire a lawyer to help you navigate the legal process and get the compensation you deserve.
After an accident, you will be allowed to negotiate a settlement with the other driver’s insurance company. If you do not accept the settlement, the insurance company may decide to take you to court. In these situations, it is a good idea to hire a lawyer as soon as possible.
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