You should hire an attorney immediately after a car accident. The sooner you have an experienced car accident injury lawyer on your side, the better your chances of receiving the maximum compensation for your losses.
Here is an overview of your legal rights after a car accident, the essential role your lawyer plays in getting compensation for you, and why you should always hire a New York car accident lawyer immediately after getting hurt in a car accident.
Your Legal Rights After a Car Accident
As the victim of a car accident, you have the right to receive compensation for your losses from the party—or parties—at fault. You may hold numerous individuals, businesses, or entities liable to pay for your various financial and non-financial damages.
Potential Parties Liable for the Car Accident That Injured You
The at-fault party could owe compensation for your losses if their careless, reckless, or intentionally harmful actions cause a car accident that injures you. There may be one or more at-fault parties depending on the circumstances of your accident.
Various parties can often owe damages for a car accident. Every accident differs, but liable parties often include other drivers, employers of at-fault drivers, manufacturers of defective vehicles or vehicle parts, or government entities and private road owners responsible for road maintenance.
Identifying all responsible parties can be complex, requiring a thorough investigation and collection of facts. A skilled car accident attorney can identify every party potentially liable for your losses.
Potential Damages You Can Claim
As a car accident victim, you may claim compensation for the scope of your physical, emotional, and financial harm. It may surprise you to learn just how broad your rights are.
Every case is unique; however, you may be able to claim the following damages:
- Past and future medical expenses for treating your accident-related injuries.
- Past and future lost income if your accident-related injuries prevent you from earning.
- Property damage, such as to your car or any personal belongings.
- Emotional distress from the accident, your injuries, or medical treatments.
- Physical pain.
- Loss of quality of life or personal relationships.
- Scarring, disfigurement, or loss of bodily function.
You may also claim punitive damages, which punishes the at-fault party’s extreme misconduct.
Numerous factors can determine the compensation you ultimately receive, including the severity of your trauma, the strength of the evidence, your attorney’s skill and reputation, and the financial resources the at-fault parties can use to pay you such as insurance or liquid assets.
What a Car Accident Attorney Can Do for You
Navigating the complications and hurdles following a car accident can be daunting, especially when dealing with injuries, loss of income, and other stressful circumstances. This demanding situation is where a skilled car accident attorney can benefit you.
An experienced attorney will handle every aspect of your car accident case, advocate for your rights and interests, and guide you through the complexities of the legal system. Entrusting your case to a skilled lawyer means you can focus on your recovery and get back to living your life.
Here are some crucial services a knowledgeable car accident lawyer can provide:
A Case Assessment and Legal Advice
Knowing where to start or what steps to take after a car accident is confusing. A car accident attorney can evaluate your case, assess the potential claim value, and advise on your legal rights and options. They will also ensure you avoid costly mistakes, such as missing filing deadlines or accepting a settlement offer significantly below the value of your claim.
The Collection and Evaluation of Evidence
substantiates your car accident claim. Attorneys have the knowledge and resources to perform thorough investigations, collect relevant evidence, and effectively interpret evidence.
Obtaining police reports, tracking down witnesses, consulting with experts about your injuries or the accident, and gathering medical records and other documentation to show the extent of your damages are all ways to collect evidence.
Management of Insurance Company Negotiations
Interactions with insurance companies are complex, with their main goal being to pay as little as possible. Your car accident attorney can handle all communications and negotiations with liability insurance companies, protecting you from their tactics to undermine your claim. Your lawyer can also advise you on the fairness of the insurance company’s settlement offer, ensuring you only agree to adequate compensation.
Litigation and Trial Representation
Your skilled car accident lawyer can argue your case in court if the at-fault party or their insurance company cannot offer a fair settlement during negotiations. Experienced lawyers can present compelling evidence and cross-examine opposing witnesses to build a strong case and protect your rights, ensuring you receive maximum compensation.
Why You Must Hire a Car Accident Attorney Immediately
Promptly hiring an experienced car accident lawyer can significantly influence your claim’s success and the amount you recover. Here are some reasons why you should immediately hire a car accident attorney to handle your claim.
Preservation of Evidence
Collecting and preserving evidence immediately following a car accident is crucial to support your claim. Tire skid marks, vehicle damage, eyewitness testimonies, and traffic camera footage can convey essential information about the events leading to the accident and the parties at fault.
Evidence can disappear or deteriorate over time, limiting its value and ability to prove liability and damages. The sooner your attorney can preserve the evidence, the more effective it could be in your case.
Accurate Evaluation of Damages
The extent of your damages is not always clear following a car accident. Potential future medical bills, long-term consequences on your ability to earn, and various hidden costs can substantially increase the value of your claim.
A skilled attorney can identify your losses, ensuring your claim seeks the maximum compensation you deserve.
Compliance With Legal Time Limits
There are specific deadlines, known as statutes of limitations, for filing car accident claims. Statutes of limitations vary by state, and missing your filing deadline could permanently prevent you from pursuing compensation. Your car accident attorney can advise you of the necessary time limits and file on your behalf to preserve your legal rights.
Early Negotiations With Insurance Companies
Liability insurance companies often want to quickly and inexpensively settle claims. Your attorney can conduct early negotiations with these companies, protecting your rights and ensuring you do not accept a lowball settlement offer. They can also act as your representative with insurers so you can avoid phone calls from aggressive insurance adjusters trying to undermine your claim.
Case Preparation and Strategy
The initial stages of your case provide the groundwork for the negotiations and possible court proceedings that follow. Early engagement with an attorney can adequately prepare your claim and increase the likelihood of a successful outcome. When your competent car accident attorney looks after your case, you can focus on what matters most: your recovery.
Hiring a Car Accident Attorney Is Affordable
One of the common misconceptions about hiring a car accident attorney is that it is expensive. The reality is just the opposite. Securing legal representation after a car accident is affordable regardless of your financial circumstances.
Many car accident attorneys offer free consultations for car accident victims. A free consultation means you can discuss your case, receive a preliminary assessment, and weigh your next steps without incurring any initial cost. There will be no charges for the appointment even if you decide not to proceed with legal action.
Several car accident attorneys also represent their clients on a contingency fee basis. Working on contingency means you do not pay fees to the attorney unless your case settles or wins in court. There are no upfront costs or billable hours. Your attorney will instead receive a percentage of your compensation amount.
How to Find the Right Lawyer for Your Car Accident Case
Finding the right lawyer to handle your car accident case is easy if you know the necessary steps. Here are some suggestions for choosing the best attorney for you and your situation.
Look for Relevant Experience
Ensure the lawyer you choose has extensive experience dealing with car accident cases. If your lawyer has spent years representing clients in similar claims, they will understand the legal, factual, and strategic factors and can build you a strong case.
Check the Lawyer’s Reputation
Look at online reviews, read the lawyer’s website, and ask for references to assess the lawyer’s reputation in car accident cases. Your lawyer should have positive testimonials from previous clients and a strong reputation amongst fellow lawyers, insurance companies, and local judges.
A strong reputation can sometimes motivate defense attorneys and insurance adjusters to settle cases on terms favorable to you rather than risk arguing with your lawyer in court.
Talk to a Lawyer
Take advantage of free initial consultations with car accident lawyers. Use these opportunities to meet with prospective lawyers, ask questions, and discuss your case. These sessions will also help determine if you feel comfortable with the attorney and their approach to representing your interests.
Assess Communication and Responsiveness
Good communication between you and your lawyer is critical to a successful representation. Choose a car accident lawyer who is reachable, listens to your concerns, simplifies complex legal jargon, and updates you about the progress of your case.
Consider the Lawyer’s Fee Structure
Most car accident attorneys work on a contingency fee basis. You should understand how the contingency fee structure works and what percentage they will receive if you win your case. You may also be responsible for administrative expenses and other potential costs. Any lawyer should be transparent with you about their fee structure.
Trust Your Gut
Trust your instincts. You want a lawyer with top-quality experience and a sterling reputation that you feel confident and comfortable with fighting for your best interests.
Contact an Experienced Car Accident Lawyer Today
Time is crucial after a car accident. Promptly hiring an experienced car accident lawyer to handle your claim can protect your rights and place you in the best position to secure the maximum compensation available.
Do not delay. Hiring an attorney for your car accident claim is affordable and straightforward. Contact an experienced, local personal injury lawyer in New York for a free, confidential, no-risk case consultation today.
Schedule A Free Consultation Today!
Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties.
An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.