What to do after a car accident Experience has shown us that often our clients are involved in a car accident and later on realize that had they things differently at the scene, things would’ve turned out differently. Here are some practical, simple suggestions: 1.Make sure it is absolutely safe before you exit your vehicle. People don’t realize, especially on highways, that traffic is moving very fast and it can be extremely dangerous. If in doubt, do not exit your vehicle. Call the police and wait form them to arrive. 2.Call the police. Too many times people don’t want to wait for the police to come and just exchange information with the other driver and assume that everything will work out later. It doesn’t always. Plenty of times, the other driver will deny being involved in the accident or will give a totally different version of the story, no matter how ridiculous it may seem. This is much less likely to happen when the police come to the scene and speak to both drivers and get statements. 3.Get the names and addresses and phone numbers of any witnesses. Don’t assume that people who saw the accident are going to wait around for the police to show up. They don’t. Also, very often the police don’t get all the names of people that are potentially witnesses. 4.Take photos. These days most people have cell phones with cameras. Take pictures of the scene, take pictures of the positions of the vehicles and take pictures of the damage to your vehicle and the other vehicle. The more evidence that can be gathered in the early parts of the case, the easier things get later on. 5.Look for video cameras. These days, it seems like every house or building or store has a Ring or other kind of video camera. These can be crucial to proving your case. See if there are any around and if you can figure out who they belong to. 6.Go to the hospital. Too many times we have clients that are involved in accidents, that were hurt but don’t want to go to the hospital. Let’s face it, nobody wants to go to an emergency room, especially in an area they are unfamiliar with and wait there for hours. Play it safe. If you have any question, get yourself checked out. Also, make sure that you express what is bothering you to the ambulance and the emergency room personnel. Very often, we have cases where people neglected to mention all the parts of the body that were injured. Sometimes, the part that turned out to be most serious wasn’t documented. Some people are just shy or don’t like to be seen as whiners and so forth. It is important both medically, and later on if you do bring a case, that your injuries or documented. If you’ve been in an accident and have any questions, feel free to contact us
How long will my case take? How much can I get for my injuries? These two questions are most often asked by our clients: How long will the litigation take and what they can expect as compensation for their injuries? The best answer we can offer is that there are many variables that go into giving an accurate prediction. The factors of the particular case, the injuries suffered by our client and the insurance carrier(s) that we are going to combat are just a few of these factors. Initially, it is our job to fully investigate the facts and circumstances surrounding the claim, to make sure the claims are set up properly, that all filing deadlines are met. We then monitor our client’s medical treatment and finally gather and submit these accumulated records to the particular insurance carrier(s) in hopes of early resolution. Depending on the injuries and length of medical treatment needed this process can take up to a year and sometimes even longer. If we see that a claim is not the type that might settle in these early stages, we will quickly file a lawsuit in the appropriate court. From the time of filing, depending again on numerous factors, the lawsuit can last as little as a year or two but can sometimes become so complex that additional time is required so that when the day comes, to present that case before a judge or jury, all relevant information has been properly exchanged between the parties. By way of example, we recently settled a case in which we represented a hearing impaired motorcyclist who was struck by a vehicle that failed to properly yield at a stop sign. Our client’s injures including a broken leg which required surgery and aftercare. We moved aggressively. Once the initial emergency room and surgical records were submitted to the insurance carrier the case settled. Our client was fully compensated for his injuries and was extremely surprised that the entire matter took only four months. Although the above example is not indicative of future results we do pride ourselves on not letting cases linger, on knowing each client personally and representing them as efficiently and zealously as possible. If you have any questions, please contact us for more information.
Deadlines and statutes of limitations Every case involves some kind of deadline. You should not assume you have all the time in the world to decide whether you want to go ahead with a case. Here are some important deadlines to be aware of in New York. Please note this is for general information and should not be relied on for legal advice or a substitute for consulting an attorney. •Automobile accidents You generally have to file a no-fault application with the responsible insurance company within 30 days to get your medical bills and lost earnings covered. Additionally, if there is a chance that the responsible vehicle does not have insurance, or the insurance is inadequate, a notice of claim for under insured or uninsured benefits, must be made within 90 days.There are some exceptions to the above rules, but it is best not to rely on them and to stick with these deadlines. •Cases involving the City of New York The law requires that a notice of claim be served on the city within 90 days. This would also apply to any case in which the city is involved, whether a fall on a sidewalk or road, a car accident with a city vehicle, an encounter with a police officer that results in a false arrest or an assault. The 90 day deadline for the city is something that must be taken very seriously and it is extremely difficult to get around it if it is missed. Apart from that, there are statutes of limitations after which a lawsuit cannot be filed. Once again, this is for general information only and should not be relied on without consulting an attorney. •Any case against the City of New York 1 year and 90 days •Medical Malpractice 2½ years •Standard negligence (most accidents, e.g. car accidents, trip and fall, construction accidents etc.) 3 years •Wrongful death 2 years We must emphasize again that you should always consult an attorney and not rely on what is here beyond for general information. Every case is different and some differences matter a great deal. Also, it is never a good idea to wait to the last minute. If you have any questions about statutes of limitation or deadlines, please contact us for more information.
Will my case go to trial? Once the lawsuit is filed, the idea is to move the case ahead as quickly as possible, ultimately to reach a trial. Although it is a statistical fact that most cases do settle before trial, we have found that we get the best results dor our clients by preparing every single case as if it will go to trial. This means we do all the work, gather all the records and evidence, prepare all the witnesses. We fully prepare for every case to go to trial. We have found that by doing so, our adversaries see that we are confident and capable and willing to go all the way on behalf of our clients. This way, our adversaries are much more likely to make serious efforts to settle the case. If a satisfactory settlement is reached, we have done our job. If a settlement is not reached, we will be ready and are more than willing to have the case tried in court. As stated, most cases do settle, but being properly prepared and being ready to go often makes all the difference. If you have any questions about trials, please contact us for more information.
What is a deposition? At some point in a case, there will be depositions. A deposition, or in New York, it is sometimes called a examination before trial, or EBT, is a question and answer session. The lawyers get to question the other parties, and sometimes witnesses, about what they know about the issues in the case. The question-and-answer session has the same legal effect as testimony at trial, and it will often be used at th trial. A deposition does not take place in a court room. It will usually be held in a lawyer’s office or a court reporting agency. While it may seem informal, it is extremely important to your case. It is absolutely vital that you be fully prepared before you attend your deposition. We always make sure to go over all the facts and all the areas that we anticipate will be covered in advance of the deposition, so our clients are calm and ready and most important, prepared. At the deposition is our role as lawyers, is to protect our clients and to clarify questions that seem to be improper or unclear, or even misleading, and to object if the question is clearly improper. If you have any questions about depositions, please contact us for more information.
Can I bring a case even if I am undocumented or without any legal status? Yes. The law does not prevent you from bringing a case even if you are here without legal status or undocumented or "illegal." We have handled many cases for people who are in this country without any legal status or social security numbers, as well as tourists just visiting from other countries.