After reviewing your case, we can confirm its value, who is liable, and what your filing deadline is. You should know these things before you file, as well as how to get the compensation you deserve from a lawsuit.
Your lawsuit may cover economic and non-economic damages, both of which we can monitor. You may get a fair amount from a settlement but expect some negotiations. To speed up settlement talks or prove fault at trial, you need evidence. We can help you get good evidence, such as witness statements, police reports, surveillance footage, and photos. Your testimony is important evidence if your case goes to trial, and we can prepare you to testify.
Get a free case review from our car accident lawyers and call The Martello Law Firm at (914) 685-6950.
What Should I Know Before Filing a Car Accident Lawsuit in Somers, NY?
Our lawyers can answer all your questions about filing a car accident lawsuit, ensuring you are prepared for the recovery process.
Your Claim’s Value
Knowing what your lawsuit is worth lets you assert and recover damages. If you think your case is worth less, you risk accepting a bad settlement. Bad settlements favor negligent drivers, and our lawyers can ensure any settlement you agree to benefits you.
When determining your claim’s value, we will factor in medical bills, missed income, and other economic damages. After confirming you pass New York’s serious injury threshold, we will also add non-economic damages to your total losses. These are subjective damages, like the physical pain your injuries cause you and the depression you have experienced since an accident.
Who is Liable
You also need to know who is liable for your injuries to sue for compensation. Some crashes are straightforward, and victims know the liable party is another driver. Other crashes are less clear, like accidents involving commercial truck drivers.
While the commercial driver might have caused the accident, the legal doctrine of respondeat superior lets you hold their employer liable as well.
We also regularly help victims determine liability after complicated multi-vehicle accidents and Uber and Lyft crashes.
The Filing Deadline
You must also confirm your filing deadline. It will likely fall three years from the accident’s date, though we can determine if any exceptions to the statute of limitations apply. While three years seems long, you might lose track of time dealing with injuries and doctor appointments. When we handle your case, we will stay mindful of your filing deadline, ensuring you do not miss it.
What Happens During Car Accident Settlement Negotiations in Somers, NY?
During settlement negotiations, our car accident lawyers will discuss possible agreements with the opposing side. They may want to stay out of court more than you do, and we may use that to our advantage.
When settlement offers are low, we respond with counters. The defense may agree to pay most economic damages but little to no non-economic damages. That is not fair, and we will explain why when we send counters.
Staying patient during settlement negotiations is important. They take time, especially for the defense, to increase offers. Do not rush to sign an agreement our lawyers deem too low.
How Can I Get Evidence for My Somers, NY Car Accident Lawsuit?
While you can gather some evidence at the scene, our lawyers can get more after taking on your case. Do your best to take photos, as they can preserve physical evidence.
We can use photos of the at-fault driver’s car, your vehicle, and broken car parts and debris on the road to prove your case. Impact points indicate which vehicle struck the other and how fast each car was moving.
Call the police so we can get the resulting accident report. While the police report may be admissible evidence, it may also contain details leading us to more evidence. The crash report tells us the accident’s location, which we can visit. Going there lets us locate possible sources of video footage, like businesses with security cameras.
We can also get witness statements for your lawsuit. During their testimony, an eyewitness may confirm that the defendant was swerving in and out of lanes, tailgating, or speeding. Eyewitnesses who helped you at the scene can also testify about your injuries.
Our attorneys will help you get this and other evidence for your lawsuit, so do not hesitate to contact us about a compensation claim.
How Do You Prove Fault in a Car Accident Lawsuit?
You prove fault by satisfying the four elements of any personal injury claim, the first being that the defendant owed you a “duty of care,” meaning they had to consider your safety. Drivers owe one another a duty, which prohibits them from speeding, driving recklessly or under the influence, or breaking other traffic rules.
The second essential element is proving the driver “breached” their duty. Duty breaches are negligent or reckless conduct, such as speeding or drunk driving. Police reports, witness statements, and video footage help prove duty breaches.
Next is the element of causation. We must prove the driver’s breach of duty directly caused your injuries. Eyewitness testimony helps satisfy causation, too, making it important evidence in car accident lawsuits.
Finally, we must prove you have suffered damages because of the accident. This is where your medical bills, income records, and other proof of damages become useful. Your testimony also proves damages. When you testify, you can talk about your reduced quality of life, depression, post-traumatic stress disorder, physical pain, and other non-economic damages.
When you satisfy all four elements, you also satisfy your burden of proof as the plaintiff, and the jury may give you a large award.
Contact Us About Your Recent Somers, NY Car Accident
Get a free case assessment from the car accident lawyers of The Martello Law Firm by calling (914) 685-6950 today.
