What Is The Car Accident Lawsuit Process In Queen?

What Is the Car Accident Lawsuit Process in Queens?

Often, individuals mix up the terms “car accident claim” and “car accident lawsuit”. A claim is what you file with your insurance provider when you’re seeking a payout, and a lawsuit is what you file against your insurance provider, or the at-fault party’s insurance provider, when you can’t reach a settlement. There are many things you must consider before filing a lawsuit, and once you do file, there’s a specific process that must be followed. The pre-lawsuit stages and the lawsuit process are the focus of this blog. Read on, for whether you’re currently in a lawsuit or not, this information is invaluable regardless.

What to Do Before Filing a Car Accident Lawsuit

Before you get the car accident claim process in motion, you should seek medical attention so you know exactly how you were injured by the accident. If you don’t do this right away, you may not be able to receive fair compensation later on. A medical professional will document your injuries, and this record of injuries will be crucial when you go to seek damages afterward.

Even if you don’t believe you’re injured, you should still see a medical professional, as often is the case with car accidents that injuries manifest later on. Similarly, you should have your vehicle looked at to see if there’s any under-the-hood damage. Get a quote for how much the repair work is going to be, and then collect other relevant documents that’ll help you prove your case. If you don’t think you can gather all the necessary documents, hire a car accident lawyer to do this for you. Evidence gathering is one of the most useful services a lawyer will provide.

Could You Not Settle Out of Court?

Although most car accident claims get settled out of court (over 90%), some end up in court via a lawsuit. There are several reasons why a car accident claim can end up in court. Perhaps your insurance provider doesn’t believe you have a claim at all, or perhaps they’re insisting on paying less than you deserve. It could also be that they’re not acting in good faith, which means you’ll need a judge to step in so they fall in line and work to reach a resolution. In any case, going to court is likely to be the last-ditch option, but a lawyer who is skilled in trial litigation won’t be afraid to pursue a lawsuit. After all, trials do usually yield much higher total damages figures than settlements.

Car Accident Lawsuit Process Steps

Pre-litigation

Everything that happens before the lawsuit is filed is referred to a pre-litigation. Therefore, initial evidence gathering and settlement negotiations are considered part of this phase. Keep in mind that there are two evidence gathering processes. There’s the initial evidence gathering that’s done before a lawsuit is filed, and then there’s the formal evidence gathering process, known as “discovery”, that takes place after the lawsuit is filed. The main difference between pre-lawsuit evidence gathering and discovery is that discovery is much more formal.

However, a lawyer can still get all required information, including info which comes from depositions and witness testimonies, before discovery. Having as much relevant and favorable evidence as possible will also make reaching a settlement early on more likely. But if settlement negotiations fail to reach a conclusion, the next stage, litigation, will commence.

Litigation

Litigation involves filing a lawsuit with the appropriate courthouse, and after this discovery begins. Discovery is much longer than outside-court evidence gathering, and once it’s complete the trial begins. During discovery, the parties to the accident still have the chance to settle. Trials can take anywhere from a week to a month. Once both sides have pitched their cases, the jury will make their decision, and then this will be ordered by the judge. After this point, the case is concluded, so you won’t be able to sue for injuries or damage related to it again.

Recovering Damages

In a lawsuit, the jury will determine how much is owed to each party. Since there is pure comparative fault in New York, parties to a car accident get compensated in accordance with how much fault they bear for the accident. It’s essential to have a good car accident lawyer at this point, as they will be able to convey your position to the jury in a persuasive manner. It’s common practice for a lawyer to ask for a higher total damages figure, as doing so may lead to you securing a favorable amount that was technically negotiated down.

How Are Car Accident Lawyers Paid?

Most car accident lawyers work off what’s known as contingency. That is, they only get paid if they win. Usually a lawyer will take between 30% and 40% of an award as compensation. This is taken before you receive your compensation. Laws and regulations dictate how much a car accident lawyer can take as an award. The contingency system is beneficial for a couple key reasons. One, it incentivizes the lawyer to get as much money as possible, into it means that you don’t have to pay legal fees for the trial that doesn’t yield a favorable outcome.

Is Hiring a Car Accident Lawyer Worth It?

Hiring a car accident lawyer after a car accident is worth it for a variety of reasons. They’ll take care of the legal nitty-gritty for you and make sure you file everything properly. They’ll also work hard for you so you focus on recovering from your injuries. If your case goes to court, they’ll represent your interests so you have the best chance of receiving a positive outcome. A good car accident lawyer will know the lawsuit process inside and out, and even though you can file one on your own, it’s much better to hire a practicing car accident lawyer.

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