Car accident attorneys perform critical tasks, such as negotiation and evidence collection, that very few car accident victims can perform on their own. Your choice of car accident lawyer might be the most important decision you make in your case.
In the end, since these attorneys work on a contingency fee basis, they are incentivized to recover as much compensation for you as they can. Read on to learn more about how a car accident lawyer can help you after a crash.
The first step in investigating your claim is to speak with you during a free initial consultation. Your lawyer will then perform a preliminary investigation. They might interview witnesses, obtain copies of the police report and your medical records, and perform other tasks.
An experienced car accident attorney will know the New York rules of evidence backwards and forwards, although state law includes no unified evidence code.
If your claim is substantial, your lawyer might seek the services of an expert witness. Experienced personal injury lawyers typically maintain long-term professional relationships with experienced expert witnesses. You might need an accident reconstruction specialist, for example, to prove the defendant’s liability for a car accident.
An experienced New York personal injury lawyer will know the difference between which evidence is important and which evidence is trivial. They will also know how to present evidence persuasively–through the use of charts and graphs, for example.
Some types of evidence are inadmissible in New York courts. Police reports are inadmissible in many cases, for example, but you can always call the police officer who writes the report to the witness stand. Even an inadmissible police report is useful in settlement negotiations, however.
A demand letter is a letter you send to the party responsible for playing your claim–typically an insurance company. The letter describes your claim, justifies your demand for compensation, and sets a deadline for a response.
A demand letter drafted and signed by a car accident attorney delivers a lot more clout than one signed by a car accident victim. Since insurance companies are out to make a profit, not pay the full amount of your claim, this can be invaluable.
A car accident lawyer can offer you legal advice that you might never think of on your own. For example, did you know that you shouldn’t mention your case on social media? The opposing party can use your social media posts, including photographs, as evidence against you in court and at the settlement table.
A lawyer can also advise you on the statute of limitations deadline and make sure you comply with it. Further, they can help you navigate New York’s confusing “no-fault” rules to help ensure you receive maximum compensation.
Car accident compensation, particularly non-economic damages, can vary tremendously depending on who is doing the negotiating. How do you negotiate the amount of your claim for pain and suffering, for example? Is it worth $1,000 or $10,000?
An insurance adjuster will exploit the ambiguity inherent in certain types of compensation. An experienced car accident lawyer will know how to fight back.
Most car accident claims settle before they ever get to court. Even claims that make it into court usually settle before trial. Filing a lawsuit accomplishes three objectives, however, even if you still plan to settle your claim eventually:
Remember, you can still settle right up until the jury announces the trial verdict.
A car accident lawsuit can resemble a chess game with all of the pretrial motions either side might file. You might file, for example:
These are just three examples of dozens of possible motions you might file.
In discovery, each side demands the production of evidence that is in the possession of the other side. This process includes depositions, interrogatories, and the production of documents and physical evidence.
Once you reach a settlement, your lawyer can draft an airtight settlement agreement from both sides to sign. This is a legally binding document that protects your right to the compensation your attorney has negotiated for.
As a last resort, your attorney might have to argue your case at trial. Most of the time, however, attorneys can settle before this point.
No ethical lawyer will guarantee you a certain amount of compensation in advance. Statistically, however, you’re much better off with a lawyer than without one. Get in touch with an attorney today for a free consultation. You can receive some initial legal advice about what to do next at no cost or risk.
If you were injured in an accident in Utica or Syracuse, and need legal help, contact our New York personal injury lawyers at Passalacqua & Associates, LLC to schedule a free case review today.
Passalacqua & Associates, LLC
7 Hopper St,
Utica, NY 13501
Open 24/7
(315) 500-6425
Passalacqua & Associates, LLC
499 S Warren St #220,
Syracuse, NY 13202
Open 24/7
(315) 500-6425
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.