What Steps Should I Take After Being Injured In A Car Accident?

Last updated on December 15, 2021

After an auto accident, you should start collecting evidence right away. You should take pictures of any visible injuries every few days as they heal as well as of any property damage as soon as possible. You need to get the names and contact information of any witnesses to the accident. Keep a running log of what happens and record your damages following the accident – you should include things like phone calls, doctor’s appointments, lost wages, and property repairs. You should notify your insurance company as soon as possible. If the other side won’t budge, you need an Experienced Personal Injury Attorney representing you at trial to make sure you received the compensation that you deserve.

Why Should I Notify My Own Insurance Company Of The Accident? Am I Responsible For Notifying The Other Party’s Insurance As Well?

You should notify your own insurance company after an accident. Your insurance policy probably requires you to report your accident, even if you’re not making a claim to your own insurance company. If you fail to follow the policy’s requirements within the allowed time period, you could lose your right to insurance coverage. You need to notify your insurance company in order to get repairs to your vehicle authorized because even if you file a claim with the negligent driver’s insurance company, you might decide it’s quicker to pursue a claim for car repairs and get a rental car while your vehicle is in the shop. You are NOT responsible for notifying the other driver’s insurance company of the accident.

Can I Afford An Experienced Personal Injury Attorney To Represent Me?

Most attorneys will take a personal injury matter on a contingency fee basis. This means you don’t have to pay the attorney anything, unless money is recovered on your behalf. If money is recovered, then the attorney is paid a percentage of that amount.

What Happens After I Hire An Experienced Personal Injury To Represent Me?

Normally an attorney will send a demand letter to any potential defendants and their insurance companies, letting them know how much money you would accept to resolve your claim. If there is an insurance company, you or your attorney may receive a settlement offer. If it can’t be settled at this stage, the next step is to file a complaint in the appropriate court. The complaint identifies you as the plaintiff and the defendant or defendants as responsible for the auto accident. It tells the court that on a particular date and time you suffered injuries as a result of an accident that occurred either due to someone else’s negligence or recklessness. The complaint also asks the court to grant you relief in the form of monetary damages for your injuries.

Once a complaint is filed and served within the statute of limitations, the lawsuit is set in motion. There is a process known as discovery which includes, amongst other things, providing all documents and records related to the claim. Both sides have the opportunity to serve Interrogatories and Requests for Productions of Documents. These items are basically lists of questions that a party to a lawsuit answers by providing either written responses or certain requested documents to the other side. Both your attorney and the defendant’s attorney can take depositions, during which attorneys for both sides question witnesses or parties to the case under oath. Everything said during a deposition is recorded by a court reporter who produces a transcript of the proceeding.

While some cases do get settled before a lawsuit is filed, it’s more likely that the defendant will try to settle the case after the discovery process has gone on for a while and both sides have a better idea of the other’s case. If it can’t be settled at this point, the case may well end up going to trial. Trials involve the selection of a jury, opening arguments, witness testimony, closing arguments, and the jury’s verdict.

What Is The Statute Of Limitations For Bringing A Personal Injury Claim In New York?

In New York, the statute of limitations for most personal injury cases gives the person three years from the date of their injury to go to court and file a lawsuit. One important exception to this is if the injury occurred due the negligence of an employee or agency of the government. When you’re going to sue a government employee or agency, the first step is to file a notice of claim, which is a brief description of the accident, the injuries, and any financial losses suffered, with the proper government agency. You have 90 days to file that notice of claim. After that, you have one year and 90 days to file your lawsuit.

For more information on Personal Injury Recovery Process In NY, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

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