When you were involved in a car accident and sustained personal injuries, you will have a lot of questions that an experienced car accident lawyer can answer. This article will provide you with information you will need to prepare if you get into an accident and how an experienced car accident lawyer can assist you. Car accident lawyer at Sharifov and Associates, PLLC specializes in helping individuals injured in car accidents and injuries sustained elsewhere.
Case Evaluation – Assessment of liability
After you contact a car accident lawyer at Sharifov & Associates, PLLC, we will conduct a free consultation to evaluate your case. During this consultation, we will ask you about the accident, review your police report, the injuries involved, and any damages or losses you have suffered. We will review the facts to determine who is at fault for the accident and whether you have a valid compensation claim.
Case Investigation – Gathering Evidence
Car accident lawyer at Sharifov & Associates, PLLC will then gather the evidence. One of the most important roles of a car accident lawyer is to gather evidence to build a strong case for you. This may involve:
- Obtaining police reports and accident records
- Interviewing witnesses, Reviewing photos and videos of the accident scene
- Gathering medical records to understand the extent of your injuries
In some cases, we may hire experts to reconstruct the accident, especially in complicated cases or where the fault is disputed.
Negotiation with Insurance Companies
- Insurance Claims: A car accident lawyer will handle all dealings with insurance companies, whether it is your insurer or the at-fault party’s insurer. We will:
- Ensure that you receive fair compensation for medical bills, lost wages, and pain and suffering.
- Negotiate settlements to make sure you are not offered a lowball amount by the insurance company.
- Protect your rights and interests during the claims process.
Case in Court
If the case cannot be resolved through negotiations with insurance companies, we may file a formal lawsuit on your behalf. Filing of a personal injury lawsuit against the alleged at-fault parties (defendants) in civil court, usually the Supreme Court in the State of New York is done by a car accident lawyer and our legal team. Keep in mind civil claims are typically subject to a statute of limitations (time limit to file a lawsuit) that may vary depending on the type of claim and the defendant. Make sure to talk to a car accident lawyer and ask questions about statute of limitations and other filing deadlines.
Calculating the True Value of Your Claim: A car accident lawyer at Sharifov & Associates, PLLC will help assess both immediate and future damages, including:
- Medical expenses (past and future)
- Lost wages (including future income loss)
- Property damage (car repairs, replacement costs)
- Pain and suffering (physical and emotional distress)
- Loss of quality of life (if the injury affects your daily activities)
Trial.
While settlements are usually obtained before trial, it is sometimes the case that no resolution is reached. There are many different reasons a case does not settle before trial. If the case does not settle, the case will be scheduled for trial and that trial date may also be changed, pushing any actual trial further back and increasing the length of a case. Sometimes during this process, even just before a trial is to begin, both parties may agree to settle the case. The trial should be handled only by the knowledgeable and experienced car accident lawyer and their legal team specializing in such litigation.
Please remember that if you were involved in a car accident, the first and most important thing you can do – both for your well-being and any personal injury claim you may choose to pursue – is to seek immediate medical attention if you have been injured in an accident. A medical evaluation can ensure any injuries you sustained are promptly diagnosed and treated, or that any injuries you are not aware of are addressed. Even if you do not believe you are hurt, or think you can tough it out, it is still best to get checked out; there are injuries you may not necessarily feel are significant, but which can quickly become medical emergencies or develop into more significant conditions (i.e. brain injuries and hemorrhaging). In addition to ensuring you get started on a course of treatment for your injuries, medical evaluations provide critical documentation that can be used as evidence in your personal injury case that will be handled by a car accident lawyer.
If you are involved in a car accident, there are several important steps to take to protect your safety, legal rights, and ability to pursue compensation for any damages or injuries. Here is a guide on what to do immediately after a car accident:
Ensure Safety First
- Check for Injuries: First, check yourself and others involved in the accident for any injuries. If anyone is hurt, call 911 immediately for emergency medical help.
- Move to a Safe Location (if possible): If the accident is minor and your vehicle is drivable, move it to the side of the road or to a safe spot. If your car is not operational, stay in the vehicle with your seatbelt on until help arrives, especially if you’re in a dangerous area.
- Report the Accident: Even for minor accidents, it’s important to call the police and file a report. This creates an official record of the incident that can be helpful for insurance claims and legal purposes.
- Provide Accurate Information: When speaking with the police, provide accurate details about the accident but avoid admitting fault at this point. Stick to the facts.
Exchange Information
- With the Other Driver(s): Exchange the following information with the other driver(s):
- Full names. Contact details (address and phone number)
- Driver’s license numbers. Insurance company names and policy numbers
- Vehicle registration details (make, model, license plate number)
- With Witnesses (if any): If there are any witnesses to the accident, ask for their names and contact details. Their statements may be helpful later.
- Do Not Apologize or Admit Fault: Avoid saying anything that could be interpreted as admitting fault, such as “I’m sorry” or “I didn’t see you.”
Document the Scene
- Take Photos: Use your phone or camera to take clear photos of the accident scene. Include:
- Damage to all vehicles involved, license plates of cars involved
- The position of the vehicles on the road, Any visible injuries
- Road conditions, traffic signs, or signals that may be relevant
- Note Important Details: Write down any details about the accident while they’re fresh in your mind, including:
- The time and date of the accident, Weather conditions
- Any contributing factors (e.g., speeding, road hazards, defective traffic lights)
Seek Medical Attention
- Get Checked by a Doctor: Even if you don’t feel injured immediately, it’s important to seek medical attention. Injuries like whiplash, concussions, and internal injuries may not show symptoms right away.
- Document Injuries: If you’re injured, make sure to document your injuries and keep all medical records related to the accident. This will be important for insurance claims and any potential legal action.
Notify Your Insurance Company
- Report the Accident: Contact your insurance company as soon as possible to report the accident. Most insurance policies require timely reporting of accidents.
- Provide All Information: Share the details of the accident, including the police report number, the other driver’s details, and any photos or documentation you’ve collected.
- Follow the Claims Process: Work with your insurance adjuster to process your claim. Your insurance company may assist with repairs, medical costs, and assessing liability.
Avoid Discussing Fault
- Do Not Discuss Fault at the Scene: While it is natural to talk with the other driver(s) after an accident, avoid discussing who was at fault or making any admissions of guilt. Liability can be determined later by insurance companies or through legal proceedings.
- Do Not Sign Anything Without Review: Be cautious of signing documents at the scene unless it is a standard police report or insurance paperwork.
Keep a Record of Everything
- Keep Track of Medical Bills: Save all receipts, medical records, and documentation related to your injuries, treatment, and recovery.
- Document Lost Wages: If you miss work due to your injuries, keep records of your lost wages and the impact of the accident on your daily life.
Consult an Attorney (if necessary)
- If you were injured in the accident or if there are complications with your insurance claim (such as denial, underpayment, or disputes about fault), it may be wise to consult a personal injury lawyer or car accident lawyer. They can help you understand your legal rights and ensure that you receive fair compensation for damages and injuries.
Follow Up on Repairs and Medical Care
- Car Repairs: Work with your insurance company to get your car repaired, or, if you’re not at fault, the other driver’s insurance may cover the costs.
- Ongoing Medical Treatment: Continue your medical treatment as recommended by your healthcare provider and attend follow-up appointments for recovery. Document everything for your insurance or legal claim.
Know Your Rights
- Statute of Limitations: Be aware that there is a time limit (statute of limitations) for filing a personal injury lawsuit. In many places, you typically have 1-3 years from the accident date to file a lawsuit.
- Dealing with Fault: If the other driver was at fault, their insurance should cover your damages, but if they are uninsured or underinsured, your own insurance may need to cover the costs.
Disclaimer
The information provided in this article is for general informational purposes only. This information does not and is not intended to, constitute legal advice or to create an attorney-client relationship. Readers should not act or refrain from acting based on any information provided on this website. For specific advice please contact your own attorney.