Working With a New York Car Accident Lawyer
A victim of a serious car crash in New York State may want to get legal counsel on their side. While New York provides no-fault benefits, these usually do not exceed $50,000 and do not account for the pain and suffering and other non-economic damages that a victim may have sustained. They can go outside the no-fault system to sue an at-fault driver or vehicle owner if they meet the requirements under Section 5104 of the New York Insurance Law. A victim also can file a lawsuit against someone other than the owner or driver of a vehicle, such as an auto manufacturer, regardless of whether they meet the Section 5104 requirements. However, success in a lawsuit requires proving liability, which may not be straightforward in some cases.
Hiring a lawyer may help improve a victim’s chances of getting compensation in several ways. For example:
- An attorney should be familiar with local courts and procedures, allowing them to navigate any complex technicalities
- An insurer may take a claim more seriously and offer a more reasonable settlement if they know that the victim is represented by counsel
- An attorney may have connections to experts, such as accident reconstructionists, doctors, and economists, who can help prove liability and damages
- The process of gathering evidence may go more smoothly with an attorney who knows what to get and where and how to get it
- An attorney will know how to push back against defenses that an insurer might raise, such as the comparative negligence of the victim
In addition, an attorney can advise a victim on the strength and value of their case. This can help them decide whether to take a settlement offer or proceed further into litigation.
Choosing a Car Accident Lawyer in New York
Looking for an attorney can be overwhelming, especially when a victim is dealing with the pain and stress arising from an accident. One critical factor to bear in mind is relevant experience. In other words, a victim should hire a lawyer who has handled many car accident cases before. Most attorneys have posted highlights of their settlements and verdicts on their websites. While past results do not guarantee future outcomes, a claimant still can get a sense of the cases that the lawyer generally handles and those in which they have been most successful.
A claimant should check the professional record of any attorney who has caught their attention. If the New York State Bar has taken a disciplinary action against an attorney, a claimant may want to think twice about hiring that attorney. However, they may want to look into the nature of the discipline, since some violations are relatively minor. If the attorney has received reviews by their colleagues, this also can give a potential client a sense of their standing and reputation in the profession.
No matter how talented and successful an attorney may be, they are likely not the right choice if their personality does not mesh well with a client. Most car accident lawyers in New York State offer a free consultation or case evaluation. A potential client should use this opportunity not only to learn more about the attorney’s view of their case but also to evaluate whether they seem trustworthy, candid, and approachable. For example, an attorney should be able to communicate in a way that a non-lawyer can understand. Reviews by former clients also may provide insights into an attorney’s personality, although reviews that are very short and highly opinionated may not be credible.
