In the United States as well as specifically in New York, car accident claims account for one of the highest numbers of personal injury claims. Car accident attorneys are busy settling one case after another ensuring that the victim gets due compensation and a settlement that is fair to the pain, trauma, suffering caused due to the accident.
Due to the high number of car accidents as well as the sensitivity of time involved with respect to the validity of the evidence, there is a proper timeline that needs to be followed in a car accident claim. Here is all you need to know about.
Statute of limitations
First of all, once a car accident occurs, the New York statute of limitations for injured car accident victims is three years. However, in the unfortunate event of the victims’ death, representatives generally have two years to file suit as per New York’s wrongful death statute of limitations.
Hence, once the accident occurs, it is important to hire a car accident lawyer or file a suit as soon as possible. Although the statute of limitations is three years, it is advisable to move quickly as far as possible.
Seeking medical care
In parallel, it is pertinent that the victim seeks medical care immediately after the accident. Even if the injuries are not severe, it is important to go through a proper physical check-up to identify any internal or hidden injuries.
Collecting evidence
After stabilizing medically and once physically capable, the victim, with support of the car accident attorney should start collecting evidence. This includes photographs of the accident sites, witnesses’ accounts, medical bills, other relevant documentation such as loss of income, etc.
Building the case
This is the most important aspect of the process and involves preparing the settlement. It is recommended to hand over this process to a qualified and experienced car accident lawyer so that they leave no stone unturned in ensuring that you get the settlement you deserve covering all costs – short and long term – as well as other intangible aspects of emotional distress, trauma, etc.
Negotiations
Once the evidence is collected and the settlement is drawn out, the car accident lawyer will begin the process of negotiations with the insurance company of the at-fault party. More often than not, these cases are settled out of court, however, that being said, the insurer does not make it easy for the victim to get the due settlement. They find ways and means to reduce the compensations as far as possible. Hence, auto accident attorneys are best placed to lead this process. This process could last anywhere between one to two years.
Lastly, if the negotiations do not conclude out of court, then the next step is to file a lawsuit against the insurer. This could become a long-drawn process lasting months after the negotiation stage. Importantly, once the case reaches the court, the set of guidelines and rules completely change and plying to them is important to conclude the case in the favor of the victim.
If you or someone you know has been injured in a car accident due to someone’s negligence, you need the best car accident lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.