If you have been injured in an accident in New York, you should learn how to file a personal injury claim. You should understand the steps involved in a legal case and how to negotiate with the other party.
Injured in an accident in New York?
If you or a loved one have been injured in a car accident in New York, you should contact your insurance provider as soon as possible. Your insurance company will pay for your medical expenses and reimburse you for lost wages. In some cases, you may also be able to seek additional compensation from the at-fault driver.
Getting hit in a car accident is a terrifying experience. Fortunately, you can recover from your injuries and damages with the help of a motor vehicle lawyer. The attorneys at O’Dwyer & Bernstien understand the difficulties of car accident victims.
Before you file your claim, there are several things you must do. For instance, you must call 911. You should also check to see if any witnesses were present at the scene of the accident. This information will be vital to proving the extent of your injury.
You must also report the accident to the DMV. Failure to do so can result in your license being suspended.
After the police arrive, you should also gather all the pertinent information, including the names, addresses, and phone numbers of anyone who was present at the scene. This includes witnesses and other drivers. Be sure to keep records of your medical treatments, and ask your doctor for diagnostic tests.
If you were unable to obtain your medical records, you can always hire a lawyer to get them for you. This is especially important if you have suffered from injuries that are not covered by your own insurer.
Another option is to sue for non-economic damages. These are hard to estimate, but they can include lost wages and other expenses. Regardless of whether you decide to file a lawsuit, you should consult an attorney before you file a claim.
Get medical care
If you have been injured, it is very important to get the proper medical treatment. Fortunately, health insurance pays for most of your treatment. However, you should still be aware of some of the details.
Often, people who have been involved in an accident don’t seek medical care right away. This can be dangerous and costly. For example, waiting to get medical attention can make it harder to prove your injuries were caused by an accident.
As you may know, some medical treatments aren’t covered by medical insurance, such as mental health treatments. In addition, some treatments, such as physical therapy, aren’t covered at all.
One thing you should always do, however, is to keep a detailed record of your treatment. Records of the medical treatments you receive are a valuable resource when it comes to determining how much compensation you are owed.
You also should attend all of your appointments. Failure to do so could result in an insurance company denying your claim.
One of the best ways to win a personal injury lawsuit is to prove your injuries were caused by the at-fault party. Fortunately, your doctor can help you make this case. He or she can determine how much medical treatment you will need, and what is the best course of action.
The best way to prove you’ve been injured is to make sure you have a solid record of the treatments you receive. By maintaining a clear and concise record of your procedures, you can build a strong case in court.
The other important thing to do is to file a claim with the at-fault party’s insurer. Unless you can prove your injuries were caused by someone else’s negligence, your insurer will refuse to pay you.
Collect evidence
Collecting evidence after an accident is a vital part of a successful personal injury claim. Without sufficient evidence, your case may be denied. This means you will have to invest time and energy to build a solid case.
You can collect evidence by yourself or hire an attorney. Your attorney will have experience dealing with insurance companies and can help you identify and gather the right pieces of evidence.
Some of the most important pieces of evidence include video, photos, and statements from witnesses. Videos can show the accident from different angles. Photos can help you document injuries, property damage, and the scene of the accident.
Medical records are another important form of evidence. They can show how much you need in compensation, as well as how severe your injuries are. In some cases, your attorney may hire a doctor to testify on your behalf.
Other important pieces of evidence are pay stubs and receipts. These documents can prove how much you were paying for medical equipment, hospital bills, or lost wages.
Physical evidence is also crucial. It can show the damage your vehicle and clothing suffered in an accident. Broken tail lights, torn clothes, and skid marks can provide useful information. If the driver who hit you does not provide any evidence, you can ask your attorney for a subpoena.
During the initial days after an accident, it’s important to collect physical evidence. It’s easy to destroy items, but you should not alter them. Keeping original copies of everything is essential, as well as keeping a log of all your evidence.
Your attorney can also help you determine the best way to preserve your evidence. One way to do this is to request a copy of a police report. While these reports are often inadmissible in court, they can be a valuable piece of evidence.
Negotiate a settlement
If you have been injured in a car accident, you may want to negotiate a settlement with the insurance company. In order to do this, you need to understand the basic process of a personal injury claim.
Negotiating a settlement is a back-and-forth process that often involves multiple offers. You should be careful to keep your emotions in check during this process. However, you should still be prepared to go to court if you are unable to settle.
The first step in negotiating a settlement is to write a demand letter. This letter will describe your injuries and request for compensation. It should also include information about your medical treatment and lost income. Ideally, the letter should be as brief as possible.
Next, you should collect all evidence related to the accident. This can include photos of the scene, a police report, and video of the incident. Additionally, you can submit testimony from medical professionals, family members, and friends.
Once you have the evidence, you should send a settlement demand package to the insurer. This package will contain documents proving the value of your claim and a letter stating your rights.
After you have reviewed the offer, you can discuss it with your lawyer. Your lawyer can help you assess its fairness. He or she will break it down into acceptable portions and create a counteroffer to negotiate.
During the negotiations, you should be polite and be sure to hold the insurance company accountable for their promises. Don’t accept a low offer. Usually, the insurance company will be testing your claim and will make a lower offer.
However, if they point out a weakness in your claim, you can adjust the minimum amount you’re willing to accept.
Understand the trial process before going to trial
Understanding the trial process before going to trial will increase your chances of getting the compensation you deserve. Generally, most personal injury lawsuits are settled before the case goes to trial. The reason for this is simple: the plaintiff and defendant have a good idea of the value of their claims.
Nevertheless, there are times when a lawsuit is in order. For example, when an insurance company refuses to pay its fair share of a claim. To avoid the headache of a court appearance, the parties may opt for mediation. Before the courtroom doors close, however, each party will need to review and evaluate its respective documents. These include the official plaintiff and defendant briefs, medical and financial records, as well as any documents submitted to the court.
Ultimately, the jury decides whether or not the plaintiff will be able to recover the damages he or she is owed. At this point, the settlement negotiations can resume.
While you’re in the process of evaluating your case, make sure you keep a record of all the medical bills you incurred, as well as the estimated cost of any property damage. This is especially important if the defendant was at fault. It is also a good idea to collect any receipts related to lost wages.
A good trial attorney will advise you on all these factors. He or she will also be able to help you file the right paperwork. As a result, you can expect the best results in the end. If you are lucky enough to find a good personal injury lawyer, you’ll be rewarded for your hard work. With a solid legal foundation in place, you can get back on your feet and enjoy a healthy lifestyle.