How An Experienced Auto Accident Lawyer in New York Builds Watertight Defense on Your Behalf

How An Experienced Auto Accident Lawyer in New York Builds Watertight Defense on Your Behalf

According to New York State Law, auto accidents are defined as incidents involving motor vehicles such as cars, trucks, motorcycles, and buses. This definition stands regardless of whether they occur on public roads or private property. Auto accidents can involve collisions between vehicles, vehicles and pedestrians, or vehicles and stationary objects.

Due to the complex nature of proving negligence in auto accident claims , it is essential that you – the victim of a motor vehicle accident in NY – get legal support from an experienced Auto Accident Lawyer in New York from the first stage of filing an auto accident case. Whether you are able to prove the other party’s fault in the incident and receive maximum compensation on your traffic accident claim, will depend on your accident attorney’s skill.

To Maximize Legal Compensation Following an Auto Accident in New York, Victims Should Adhere to the Following Steps

Move Somewhere Safe and Seek Medical Attention

In the aftermath of a traffic accident, always prioritize your safety by moving to a secure location (if you are able), away from moving vehicles, and seek immediate medical evaluation, even if your injuries seem minor. Acquiring prompt medical records are crucial for any subsequent claims you will make around the accident.

Report the Accident to the DMV

New York state law mandates reporting any accident involving injury, death, or property damage exceeding $1,000 to the Department of Motor Vehicles (DMV) within ten days using the Report of Motor Vehicle Accident (MV-104) form.

Gather Evidence of the Collision

If you are able to, collect information at the scene, including photographs, witness statements, and contact details of all parties involved. This evidence is crucial to support your claim. If you were in no condition to do this, your auto accident attorney’s legal clearance will be essential in collecting this evidence.

Notify the Relevant Insurance Companies

Inform your insurance company promptly. New York operates under a no-fault insurance system, meaning your own insurance covers medical expenses and lost wages regardless of fault.

Consult an Auto Accident Lawyer Immediately

Make sure to engage a licensed and experienced auto accident attorney to navigate the legal complexities in making an accident claim in NY, and advocate on your behalf.

By following the above steps, you will be in a better position to receive the maximum legal compensation available for your auto accident claim, under New York State law.

Steps Your Auto Accident Lawyer Takes to Make a Strong Traffic Accident Claim on Your Behalf

In New York State, a licensed and experienced auto accident lawyer can help you – the auto accident victim – to significantly maximize your compensation and help achieve the best possible outcome for your lawsuit.

Investigation and Evidence Gathering

Thorough Investigation: A personal injury lawyer will conduct a comprehensive investigation into the accident, including gathering police reports, witness statements, photographs, medical records, and accident scene data. This is essential to establishing liability and proving the extent of damages.

Supporting Your Claim with Expert Accident Reconstruction

In more complex cases, your accident attorney may hire accident reconstruction experts to analyze the accident and provide testimony that helps determine fault and the mechanism of the accident.

Identifying All Liable Parties

A skilled auto accident lawyer will identify not only the direct responsible party (e.g., the other driver) but also any other potentially liable entities. Such liable entities may include vehicle manufacturers, government agencies, or others involved in the accident.

Navigating New York’s No-Fault Insurance System

New York follows a no-fault insurance system, meaning your own insurance will cover medical expenses and lost wages up to a certain limit, regardless of who was at fault. However, a personal injury lawyer will make sure that all claims are properly filed on time, and that you receive the full benefits entitled under the NY state law.

If your injuries are severe and your damages exceed the no-fault coverage limits, your accident attorney will help you transition to a lawsuit under New York’s serious injury threshold rules, which allow for higher compensation if your injuries are categorized as serious.

Provide Support Maximizing Compensation

An experienced auto accident lawyer will assess all types of damages (Comprehensive Damage Evaluation) beyond medical bills and lost wages, such as pain and suffering, emotional distress, losses suffered due to permanent disabilities, and future medical care. These are often harder to quantify but are essential to achieving maximum compensation.

Negotiating for Maximum Settlement with Insurers

Most of the time, insurance companies may offer an initial settlement that is less than what you deserve. A licensed auto accident lawyer is skilled at negotiating with insurance adjusters to secure you a fair settlement. They will leverage their knowledge of the law and experience with previous cases to counter lowball insurance offers.

Litigation and Court Representation (If Necessary)

If a fair settlement cannot be reached, your personal injury lawyer will file a lawsuit and represent you in court. Having an accident attorney with trial experience is crucial in such an event, because they can effectively present your case, argue for the full extent of your damages, and seek the best possible judgment.

Take Timely Action and Adhere to Deadlines

In the State of New York, the statute of limitations for filing a personal injury lawsuit after an auto accident is typically three years from the date of the accident. However, there are exceptions to this, and having an experienced lawyer guarantees that your case is filed on time and in compliance with all legal deadlines.

Personal injury lawyers are experienced in filing all necessary paperwork correctly and within the prescribed timelines. This is essential in preventing an unnecessary delays or dismissal of your case due to procedural mistakes.

Dealing with Complex Legal Issues

If an insurance company denies your claim or delays payment, your motor accident lawyer can take action to challenge the denial and fight for your rights.

In some cases, the other party might claim that you were partially at fault (comparative fault) for the accident, which could reduce your compensation. A personal injury lawyer will help argue to prove the other party is fully responsible – or that they hold the larger share of responsibility. To supplement this, your lawyer can show, with evidence, that your fault is minimal.

If multiple parties are involved (such as other drivers, government entities, or businesses), your auto accident lawyer can manage multiple claims and see to it that all potential sources of compensation are explored.

Work on a Contingency Fee Basis

The best personal injury lawyers typically work on a contingency fee basis. This means they only get paid if you win or settle your case. This arrangement helps reduce the financial burden on you – the victim – and aligns the lawyer’s incentives with achieving the best possible outcome.

Providing Legal Advice and Support

A skilled personal injury attorney will offer legal advice and guide you through every step of the process, from initial consultations to final settlement or trial. They will explain your options and help you make informed decisions to help achieve the best outcome.

Give Support with Managing Stress

Recovering from an auto accident is stressful enough without dealing with the legal complexities. Your lawyer handles the legal and administrative aspects, giving you the space to focus on your recovery.

What You Need to Know

Hiring a licensed and experienced auto accident lawyer after an auto accident in New York paves the way to maximizing compensation and achieving the best outcome for your accident lawsuit. Skilled accident lawyers bring expertise, methodical negotiation skills, and the ability to handle complex legal issues, giving you the best chance to secure a fair and just recovery.

Talk to one of the best auto accident lawyers in New York by calling 866-995-9035, or email info@yadgarovlaw.com. You can also set up a free initial consultation with an auto accident lawyer here.

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