After a car accident, you might start to think about your options. You want to return to life as normal as quickly as possible, but that isn’t always easy. You have physical injuries and mental and emotional scars. The accident can cost you a great deal and leave you in debt. When you’re in a car accident, you need to get a fair recovery so that you can rebuild your life, but you may not know where to start. There are several reasons that you need an auto accident lawyer after you’re in a car accident:
They know the legal system
Even when the facts are on your side, there’s a lot of work that goes into building a case for the trial long before you ever set foot in the courtroom on the day of your trial. You need to know how to maneuver within the legal system so that you walk in on trial day with a case that’s well prepared and ready to present to the jury. It’s also important to defend against attacks from the other side that can derail your case.
Either party can file motions in advance of the trial. Sometimes the motions seek to admit or exclude certain pieces of evidence. In other cases, a motion can ask the court to dismiss the entire case. You need to know how to respond to these motions. In addition, there may be other documents to draft and file before trial. The court might ask for your input as they create a scheduling order. The court might want to know about the case before the trial, and they might ask you to draft and submit a trial brief.
To an experienced car accident attorney, these legal issues are routine. They know how to identify the things that you need to do before the trial in order to advance your case. They also know how to respond to attacks from the other side that can stand in your way. Your attorney also knows how to keep track of deadlines for filing motions and preparing responses. They can take the guesswork out of things like knowing how to file paperwork with the court and knowing how to serve it on the other party.
At your trial
Going to trial is stressful even when you have a very strong case. Your case begins with picking a jury. Making sure that you have a fair and impartial jury is one of the most critical steps in ensuring the jury ultimately reaches the right outcome. Your attorney has experience in asking jurors questions and evaluating their answers. You have the right to ask the court to remove potential jurors from hearing your case if the evidence shows that they can’t be fair. Your attorney can help you identify jurors that may be a problem
At trial, your attorney helps you effectively question witnesses. The court uses rules of evidence to decide what the jury can see and what kinds of questions you can ask witnesses at trial. These rules are complex, and there are often exceptions to the rules that you need to be aware of. Having an auto accident lawyer on your side can help you use the rules of evidence effectively. You often have only a split second in order to object to evidence, and your attorney can effectively assert your rights so that you can keep out information that may be prejudicial to your case.
Guidance when it matters most
An auto accident lawyer can guide you through your case. They can help you assert your rights at each stage of the case. They can help you spot things that you might miss and ultimately present your case effectively. Not only does your attorney speak for you, but they also have a wealth of experience that can work to your favor when it comes to making sure that you do everything that you can to get the right compensation for your losses.
How Much Time Does One Have to Initiate an Auto Accident Lawsuit?
A victim of a vehicle crash in New York where another party carries a degree of the blame can seek compensation by filing a personal injury suit. Most of these accidents come with a fair amount of complications, which can make it hard for someone without legal expertise to handle the procedure. You must understand New York accident laws, which is why hiring a personal injury lawyer is essential. The statute of limitations is one aspect that every claimant in an auto accident case must know about. Every state has set time limits for when victims can bring forth personal injury suits. If you fail to adhere to the statute of limitations, then you risk losing the case altogether. For this reason, the professional assistance of personal injury attorneys is required as soon as possible.
Statute of Limitations
The period allowed for claimants to file a case after suffering harm in an auto accident in New York is three years. From the day of the collision, you have to honor the statute of limitations or the court will refuse to hear your case. Depending on the facts involved in an auto accident case, it may take significant time to gather all the necessary information. It is why claimants are advised to contact specialty attorneys without wasting time. Waiting to file a personal injury lawsuit decreases your chances of getting compensation.
New York statute of limitations depends on the type of case so an personal injury lawyer can explain which regulations apply to yours. For one, it will matter if the suit is just for bodily injury or includes property damage as well. Auto accidents that result in wrongful death also have their elements. The three year is a general limit for injuries sustained in an accident involving a driver, motorcycle rider, passenger, pedestrian, or bicyclist. If your suit is only for compensation of property damage, then the deadline to file it is also three years.
Exceptions
Each state has exceptions for the statute of limitations for auto accident lawsuits. These are situations where the three-year rule may not apply. In New York City, claims against government agencies or municipalities are the exception because they require the victim to file a notice of claim within 90 days of the accident. For example, if the car crash involved a city transportation bus or was the result of bad road conditions, the claim will be against the responsible government agency. In this instance, a notice of claim must be processed first. A claimant then has one year to proceed with the suit. The procedures involved in filing notices of claim demand the skills of a legal professional who has dealt with public parties as defendants.
The Need for a Lawyer
Any number of factors can make it difficult for a vehicle crash victim to respect the statute of limitations for personal injury cases. Imagine a situation where an individual falls into a coma after suffering injuries in an auto accident. Such circumstances raise complications when filing a personal injury suit. An personal injury firm will know how to approach such a case in the best interests of the claimant. A host of other extraordinary circumstances may factor into a personal injury suit, which can influence the process.
When claiming compensation for personal injury and/or property damage, a lawyer has to conduct thorough investigations. For one, you must establish the standing of your case. What is the possibility of getting a settlement? A New York attorney will also need information about the negligence committed by the other party. Before asking for a compensation amount, your lawyer has to calculate the level of damage. All these elements require an attorney to invest significant time in research. It is by getting all the relevant data that a personal injury attorney will be capable of representing you adequately. Evidence is also time sensitive. Failure to start a personal injury suit promptly can compromise the quality of the proof involving your case.
Statutory laws in New York are complicated, and they can get even more complex depending on your auto accident case. Knowing the right time to file your accident claim makes a lot of difference. personal injury lawyers can help you start a claim when it is still possible to do so. If extraordinary circumstances exist in your case, an attorney knows which actions to pursue.
Comments are closed here.