Car Accidents

Tips for Getting Your Car Accident Case Settled

In New York State, not every automobile accident entitles the injured person to sue for civil damages. The New York State No-Fault Statute limits the ability of accident victims to initiate a lawsuit based upon the severity of injuries. If your injuries are severe enough to file a car accident lawsuit, below are some tips to keep in mind.

1. Get your evidence together. Having substantial evidence about your accident, as well as your injuries, will be your best form of support in your car accident case. Get as much documentation as possible, including:

• police report
• medical reports from all your healthcare providers
• photographs of the accident scene
• photographs of your injuries
• medical bills and expenses
• a list of property damage and repair expense

2. Know how much time you have after your accident to file a lawsuit. In New York State, there is a three year statute of limitations for filing a legal case. In other words, you have up to three years from the date of your accident to file a car accident lawsuit. Don’t ignore this time limit while your claim is pending with an insurance company.

3. There are certain documents that need to be written and filed in order to move your car accident lawsuit forward. Hire an experienced personal injury attorney who will help you navigate the court system and fight for your legal rights. There are certain documents that need to be written and filed in order to move your car accident lawsuit forward.

Your attorney will write a demand letter on your behalf to the insurance company. The demand letter describes in detail all the facts and circumstances of the accident and the injuries that were sustained as a result of the accident. The letter also describes the medical treatment that the injured party went through, or is going through, on his road to recovery. The demand letter allows the person who was injured to present a strong case to the insurance company, setting the stage for settlement negotiation.

After receiving your demand letter, the insurance company will make an initial offer to settle your case. Your attorney will talk to you about the offer, and if necessary, reply with a counter offer. It may take some time before you and your attorney reach an acceptable monetary settlement amount with the insurance company. Once an acceptable settlement amount is reached, you will receive the money you deserve for your pain and suffering.

If negotiations reach a standstill, your attorney may arrange for a neutral party to facilitate a settlement. This neutral party is called a personal injury mediator. The mediator will review the all the evidence in the case and hear details about the accident and injuries from both you and the insurance company. The mediator is often able to help both parties reach a settlement.

If, in a rare case, mediation does not lead to a settlement, the case will go to trial. At the end of the trial, either a judge or a jury will decide whether or not the injured person will receive monetary compensation, and if so, how much they will receive.