While a fender-bender might not call for an auto accident lawsuit, a serious accident that causes physical injuries certainly does. If a car accident results in injuries or even death, a lawsuit can be filed if there’s debate over fault or when an insurance policy can’t cover the damages. There are three main processes involved in a New York injury lawsuit, and throughout each process, a settlement may be reached.
Gathering Evidence During Prelitigation
After an auto accident, you should always try and recover the other party’s insurance information and capture photos or video from the scene. Once you are healthy enough to do so, contact an experienced personal injury attorney. From there, your attorney can help you build the case with additional evidence gathering while communicating with the other party on a settlement. This process takes place before a lawsuit is filed in court and is known as prelitigation.
A Lawsuit Is Filed in Court
Litigation begins once you and your attorney file a lawsuit in court. During this process, both sides of the accident will examine their evidence while a jury reviews the case. If both sides can’t reach a settlement, the jury will make the ultimate judgment and decide on the case.
The Settlement Is Determined
When a settlement is determined, the injured party member could receive financial compensation that accounts for the injuries, medical bills, missed wages, and more. Yet, even if the victim wins their case, it could still be a challenge to receive compensation from the at-fault party. Thankfully, New York car accident lawyers can help track down your settlement award and ensure you receive payment.
If you’re in New York and you’ve experienced a car accident resulting in serious injuries or if there’s a conflict over fault, The Law Office of Carl Maltese can help. Whether you’re in Smithtown, Suffolk County, or the surrounding towns, our team of lawyers may be able to help you recover from a personal injury. Contact us to request a free consultation for your lawsuit.