Cars are a virtually indispensable need for everyday life. An extremely large portion of Americans need them to commute, run errands, and do other activities. Unfortunately, car accidents happen every day, and their effects can be devastating. If you were in a car accident, you could have serious injuries that require extensive medical treatment. If you do not seek compensation for your injuries, you might be figuring out how to handle enormous medical bills all by yourself.
Our car accident lawyers can help determine the best way to get you the compensation you need to recover from your injuries. Our experienced attorneys can work with you through every step of the legal process, from gathering initial evidence all the way to trial and beyond.
Have a free case review with our car accident lawyers with The Martello Law Firm, PLLC, by calling (914) 685-6950.
Filing a Car Accident Lawsuit in Ossining, NY
New York has requirements to be able to file a car accident lawsuit. I.S.C. Law § 5012(d) makes it so that plaintiffs must have a “serious injury” to file a car accident lawsuit. A serious injury includes things like permanent disfigurement, a fracture, or loss of use of a body part. Our car accident lawyers can analyze your case to see if your injuries are considered “serious” under New York law. Even if they are not, there are other ways our lawyers can assist you after a car accident.
Discovery in an Ossining, NY Car Accident Lawsuit
The legal process starts for a car accident lawsuit long before anyone ever steps into a courtroom before a jury. Very soon after your initial discussion with our motorcycle accident lawyers, both sides of the lawsuit will start looking for information and building an argument to support their position. The process of obtaining information and verifying it before going to court is called “discovery.” Discovery can take a very long time. In some cases, discovery can take years to complete before a trial date even factors into the equation.
Interrogatories
Interrogatories are one of the two ways that information is requested in discovery. An interrogatory is a formal question one side of the case gives to another. These questions usually ask for information known by either opposing counsel or an important witness who is going to be involved in the case. For example, in a car accident lawsuit, our lawyers might ask the other side to supply us with the name, place of business, phone number, and other contact information of an expert who is going to offer their opinion on an issue in the case. The other side’s lawyers might ask for the contact information of your primary care provider or the doctor that treated you for your injuries.
Requests For Production
Requests for production are similar to interrogatories, but they ask for physical things rather than information or people. Requests for production will ask for things like medical records, commercial driving logs, communication exchanges, and any other thing that could provide helpful information about the case. There is a limit on how many things each side can ask the other for, but the limit is quite high, and it is still very likely that each side will ask the other for a very large amount of information.
Limits and Rules of Discovery Requests
There are some rules about what each side is allowed to ask for in the discovery process. Some information is what is called “privileged” and cannot be asked for by opposing counsel. For example, opposing counsel cannot ask for a discussion between you and our lawyers since that would be protected by the attorney-client privilege.
However, lawyers cannot be overly obstructive to discovery requests. If a party in a lawsuit is not cooperative in handing over discovery material, the court could penalize them or decide they lose the case outright.
Depositions
Depositions are a very important part of the discovery process. In a deposition, lawyers for both sides ask a series of questions to either the plaintiff, defendant, or another important person in the case. You will almost certainly get deposed by opposing counsel in a car accident lawsuit.
Depositions usually occur in a conference room, with your lawyer, opposing counsel, and a registered recorder present. Depositions are statements under oath, so anything you say to our lawyers or opposing counsel should be truthful to the best of your ability.
Questions in a deposition usually start out easy and simple. Opposing counsel might ask you your name, where you work, and other “softball” questions. This process is designed to get the “deponent” – the person being asked questions in a deposition – accustomed to the process. Questions will quickly turn to inquiries relevant to the car accident. Again, answer truthfully, even if you think it will hurt your case. If a question is unfair, our lawyers can object, and you do not have to answer it.
After opposing counsel has examined you, our lawyer will get to ask follow-up questions. Opposing counsel might as a handful after that. Once each side feels satisfied with the information they received, the deposition is over.
Because of the nature of the deposition process, it is not unusual for depositions to take hours.
The Trial in an Ossining, NY Car Accident Lawsuit
Once discovery and all other pre-trail processes are complete, and if the parties have still not settled their case, then and only then does a trial take place. A jury trial is the part of a lawsuit that most people are familiar with. At trial, attorneys will make their arguments and present evidence and testimony before the judge and jury. Once all the facts have been laid out, the jury will go to an enclosed space to deliberate on whether the defendant was liable or not and what damages the plaintiff will be awarded, if any. The judge’s job is to facilitate the trial and instruct the jury on the law so that the jury can decide if the facts warrant holding the defendant liable or not.
An important distinction between a civil trial and a criminal trial is the level of proof required for a plaintiff to win. In a criminal case, the threshold is “beyond a reasonable doubt.” On the other hand, in a civil case, like a car accident lawsuit, the level of proof is a “preponderance of evidence.” The level of proof in a car accident lawsuit is much lower than the level in a criminal case. It only needs to be more likely than not that the defendant caused your injuries.
Time Limit to File a Car Accident Lawsuit in Ossining, NY
If you sustained injuries in a car accident in Ossining, it is important to know that the deadline for filing a lawsuit is subject to New York’s statute of limitations. According to C.V.P. Law § 214, you have three years from the date of the accident to file a lawsuit. It is essential to adhere strictly to this timeline, as missing the deadline will result in the defense filing a motion to dismiss, which the court will grant, and you will be unable to pursue further compensation.
It is crucial to start working on your case as soon as possible, even though you have three years to file the lawsuit. Delaying could result in the loss or forgetting of essential evidence, such as surveillance footage, which could negatively impact your case. Moreover, mistakes in filing could lead to restarting the filing process from the beginning, which can consume valuable time. However, once your case has been filed, there is no time limit for completing it as the three-year deadline only applies to the initial filing of your work injury lawsuit.
Damages That You Can Recover for a Car Accident in Ossining, NY
In case you get injured in a car accident that takes place in Ossining, you might have the right to claim damages in different categories. You can claim compensation for your economic losses, such as medical bills, and also for non-economic damages, such as pain and suffering. If the injuries you sustained were caused by particularly awful behavior, you might even be able to pursue punitive damages.
Economic Damages
The term economic damages refers to any financial losses that an individual might incur as a result of an accident. These losses can be calculated using monetary values and might include medical expenses, out-of-pocket expenses, property damage, and repair costs for vehicles. If you had to take time off work due to injuries sustained in the accident, you can also claim lost wages. These losses will be presented as evidence during settlement negotiations with insurance companies and might also be used as proof in court.
Non-Economic Damages
Non-economic damages are the kind of damages that are not related to financial loss but are instead related to emotional distress or pain and suffering that resulted from the accident. These damages are not easily quantifiable in terms of money and usually require expert testimony, such as that of medical professionals, to determine. Non-economic damages can include physical pain, emotional trauma, anxiety, depression, sleeplessness, and post-traumatic stress disorder (PTSD). Loss of enjoyment in life or damage to marital relationships due to injuries can also be claimed as non-economic damages.
Punitive Damages
In cases of car accidents, punitive damages might be awarded by the court to punish the defendant who has acted with extreme carelessness or recklessness. It is important to note that these damages are not intended to compensate the plaintiff but rather to punish the wrongdoer and to discourage others from engaging in similar behavior in the future. Punitive damages are awarded when someone has acted in an outrageous way that can never be justified as an accident or an honest mistake. For example, if a driver caused an accident while under the influence of alcohol, punitive damages would likely be awarded to punish the driver for their reckless behavior.
Common Ways Car Accidents Happen in Ossining, NY
Car accidents can occur due to various reasons. If you were injured in a car accident caused by someone else’s negligence, you have the right to claim compensation. Here are some of the most common causes of car accidents in Ossining:
Speeding
Speeding is a common cause of car accidents in Ossining, as it reduces the driver’s reaction time to unexpected situations on the road. Loss of control, collisions with other vehicles, or hitting objects like trees or walls are all possible outcomes of driving too fast. When a driver exceeds the speed limit or fails to adjust their driving to the current road conditions, they not only put themselves in danger but also other drivers. This is because other motorists might not have enough time to react to avoid an accident, especially if they need to stop or swerve suddenly to avoid a speeding vehicle.
Distracted Driving
If you have been involved in a car accident caused by distracted driving, our Ossining attorneys can help you obtain compensation. When drivers are distracted by their phones or other technological devices, their reaction time slows down, making it more difficult for them to control their vehicles on the road. This can result in collisions with other vehicles or hitting obstacles such as pedestrians crossing intersections or road constructions. Distracted driving accidents are particularly dangerous as drivers might not be able to prevent the collision from happening, leading to serious injuries.
Tailgating
Rear-end collisions caused by tailgating are a common cause of car accidents in Ossining. If you find yourself being tailgated, it is important to avoid the urge to speed up or drive recklessly. Instead, gradually slow down until there is a safe distance between you and the driver behind you. If necessary, come to a complete stop. Remember, if someone’s negligence causes a crash due to their close following, you might be able to pursue legal action against them.
Running Traffic Signals
Running traffic signals in Ossining can result in severe car accidents. When drivers ignore red lights or stop signs, it is assumed that they are attempting to beat other vehicles to the intersection. This is particularly hazardous because drivers who run traffic signals often do so at higher speeds than other vehicles, increasing the likelihood of collisions with pedestrians or cars that have stopped at the light. Furthermore, drivers who run traffic lights or signs put other drivers in danger by forcing them to suddenly brake or swerve to avoid a collision.
Driving Under the Influence of Alcohol or Drugs
Drunk driving is one of the main causes of fatal car accidents in Ossining and throughout Georgia. Not only does it put the intoxicated driver’s life at risk, but it also endangers other drivers, pedestrians, and cyclists nearby. Impaired reflexes often cause drunk drivers to fail to react promptly, leading to collisions. If a drunk driver causes an accident that results in harm, you have the right to receive punitive damages as a penalty for their wrongdoing.
Call Our Ossining, NY Car Accident Lawyers Today
The Martello Law Firm, PLLC’s car accident lawyers are ready to go over your case when you call (914) 685-6950.
