When a car accident happens, life can suddenly feel uncertain and overwhelming. At William Mattar Law Offices, our goal is to guide you through the process of a car accident claim and lawsuit. In the beginning, your lawyer may focus on gathering information, speaking with insurance companies, and preparing a personal injury claim on your behalf. If insurance negotiations fail to produce a fair offer, it may be time to file a lawsuit and, if necessary, take your case to trial.
You may be dealing with injuries, medical appointments, missed work, and financial strain, all while trying to understand your rights under New York law. Questions may swirl around your mind: How will you cover your medical bills? Who will pay for the damage to your vehicle? How will you hold the responsible party accountable?
Working with a car accident attorney can help you address these concerns and move forward with a sense of direction and purpose. There is a lot that can happen between the moment you first reach out for a consultation and the final resolution of your case. You may be worried about where to start, what documents to bring, or how the claims process works. A lawyer can explain everything step-by-step.
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Meeting With a New York Car Accident Lawyer
The Initial Consultation Process
After a car accident in New York, it is generally advisable to reach out to a personal injury lawyer for a consultation. This first conversation with William Mattar Law Offices often takes place over the phone or in person. This consultation gives you the opportunity to explain what happened and learn about your rights.
You can discuss your injuries, how the crash took place, and the ways it has affected your life. This is also a chance for the law firm to evaluate your situation and determine if pursuing a car accident lawsuit or claim makes sense for you.
No Need to Have Everything Ready
Some people worry about not having all their paperwork in order at this stage. There is no need to stress if you do not have every medical bill, police report, or insurance communication organized. At this point, your attorney can advise you on what documents could be helpful and guide you on how to obtain them.
Over time, your lawyer can work to gather the necessary materials. Even if you only have basic information—like the names of other drivers involved, insurance carrier details, or notes about what happened—your lawyer can start building a picture of your case.
Reviewing Your Case and Evaluating Damages
Before filing a personal injury claim, it is helpful to understand the scope of your losses. Your lawyer may ask you questions about how this accident has affected your daily life.
For instance, have you been able to return to work? Are you experiencing ongoing pain that requires physical therapy or medication? Have you had to miss family events, or are you struggling to keep up with regular chores due to your injuries?
This conversation helps paint a clear picture of how the accident has changed your life. Your lawyer uses this information when evaluating the value of your case. Damages in a car accident lawsuit can include medical bills, lost wages, and compensation for pain and suffering. By understanding the full scope of your injuries and losses, your lawyer can better advocate for fair compensation.
Filing a Personal Injury Claim in New York
When and Why a Claim Is Filed
After your consultation and initial discussions, the next step is often to file a personal injury claim with the at-fault party's insurance carrier. In New York, drivers generally carry insurance that covers bodily injury.
By filing a personal injury claim, you are essentially requesting compensation for your losses. This claim outlines what happened, how the other party’s negligence caused your injuries, and what you are seeking in terms of compensation.
How the Claim Process Works
Your lawyer typically drafts a demand letter to the insurance company. This letter explains your case, provides evidence of fault, and includes documentation that supports your claim for damages. Evidence might include medical records, accident reports, and witness statements.
The insurance company reviews the claim and may respond with an offer, request more information, or challenge certain aspects of the case. This back-and-forth sets the stage for negotiation.
A personal injury lawyer can handle these communications, helping to ensure that your side of the story is clearly stated and backed up by evidence. The goal at this stage is to reach a fair settlement without the need to file a lawsuit.
Negotiations With the Insurance Company
Adjusters may attempt to minimize your injuries or question the extent of your losses. This process can feel overwhelming, especially if you are still dealing with physical pain and emotional stress.
Having a lawyer handle these negotiations on your behalf can lighten your burden. Your lawyer communicates directly with the insurance company, countering lowball offers and advocating for compensation that reflects the full impact of the accident on your life.
Some accident victims mistakenly think that handling negotiations alone will speed up the process. In reality, this often leads to settling for less than what is deserved. Without a lawyer, it can be challenging to understand the true worth of your claim or to push back effectively when an insurer puts forth a weak offer. A lawyer has the ability to maintain a firm stance, making sure the final outcome addresses your needs.
New York’s Comparative Negligence Laws
New York follows a comparative negligence rule in car accident lawsuits. This means that if you are partially at fault for the accident, any compensation you receive may be reduced by your percentage of fault. Insurance adjusters often try to claim that you share more blame than you actually do. A lawyer understands how comparative negligence works and can work to keep fault properly apportioned, preserving your right to fair compensation.
Filing a Lawsuit if Settlement Negotiations Fail
Sometimes, no matter how much evidence you present, the insurance company may refuse to offer fair compensation. Their final offer might fall far below what is needed to cover your medical bills, lost income, and pain and suffering. When this happens, your lawyer may recommend filing a car accident lawsuit in a New York court.
Filing a lawsuit means moving beyond the insurance negotiation stage and asking the courts to settle the dispute. Your lawyer drafts a formal complaint and submits it to the appropriate court. This complaint outlines the facts of the case, the legal basis for your claim, and the compensation you are seeking.
Discovery: Building a Strong Case Through Information Gathering
Once a personal injury lawsuit is filed, the at-fault party’s lawyer responds, and the case enters the discovery phase. During discovery, your lawyer may request documents from the other side, such as maintenance records for the at-fault driver’s vehicle or cell phone records if distracted driving is suspected.
The defense may request your medical records to assess the extent of your injuries. Both sides can send written questions, known as interrogatories, that must be answered under oath.
Depositions are another critical part of discovery. In a deposition, lawyers ask questions of the opposing party, witnesses, and sometimes experts. These sessions are recorded, and the transcripts can be used later in court. Depositions give lawyers a chance to understand how witnesses will testify at trial, which can shape the strategy going forward.
Pre-Trial Motions and Settlement Conferences
Before a trial begins, both sides may file motions—formal requests for the judge to make legal decisions about specific aspects of the case. A motion might ask the judge to exclude certain evidence or dismiss parts of the claim. Your lawyer handles these motions, using legal arguments to strengthen your position and refine the issues that will be presented at trial.
Many car accident lawsuits settle before going to trial. Judges sometimes require a settlement conference, where both sides meet with a neutral party (often a mediator) to see if a resolution can be reached. This can happen at various points, even after discovery.
Mediation allows each side to present their perspective and propose terms. With the guidance of their lawyers, parties often find common ground. If a satisfactory settlement emerges, it saves the time, expense, and uncertainty of a trial. However, if the insurance company still refuses to negotiate fairly, proceeding to trial may be the best way forward.
What to Expect if Your Case Goes to Trial
If your case does not settle, it will move to trial. While few car accident cases reach this stage, it is good to understand what will happen. Trials take place in a courtroom before a judge and possibly a jury. The trial process allows both sides to present evidence, question witnesses, and make arguments about who was responsible for the accident and what compensation you deserve.
Your attorney at William Mattar Law Offices handles the presentation of your case. They may call witnesses, present medical records, introduce photographs, and cite the relevant New York laws that support your claim. The other side has the same opportunity. At the end of the trial, the judge or jury decides whether the defendant is liable and, if so, how much compensation to award.
Jury Selection
If your case has a jury, jury selection (called voir dire) occurs before the trial. Both sides ask potential jurors questions to identify any biases. The goal is to select a fair and impartial jury that can assess evidence without prejudice.
Your lawyer may ask jurors about their experiences with car accidents or their beliefs about personal injury claims. This helps ensure that the people deciding your case can do so based on the evidence, not personal preconceptions.
Opening Statements and Witness Testimony
Once the jury is selected, both sides deliver opening statements. These statements outline what each side believes the evidence will show. Your lawyer may explain how the defendant’s actions caused your injuries and why compensation is appropriate. The defense may argue the opposite.
After opening statements, each side presents evidence. Your lawyer may call you to testify about how the accident happened and how your life has changed since. Medical professionals may explain your injuries. Accident reconstructionists may show how the collision occurred.
The defense may call their own witnesses or challenge your evidence. Throughout this process, your lawyer handles all questioning and cross-examination, presenting the case in a structured and persuasive manner.
Closing Arguments and the Verdict
After all witnesses have testified and evidence has been presented, the lawyers give closing arguments. These arguments summarize the evidence, highlight its significance, and suggest conclusions the jury should draw. Your lawyer ties together everything the jury has heard, arguing why they should find the defendant liable and award compensation.
The judge provides instructions to the jury, explaining the relevant legal standards. The jury then deliberates in private, reviewing the evidence and legal instructions to reach a verdict. They might find the defendant liable and determine compensation, or they might find no liability. If a jury is not involved, the judge makes these decisions.
Appeals
If either side believes there were legal errors at trial, they may appeal. An appeal is not a chance to present new evidence but rather a review of the trial’s procedures. Appeals can prolong the final resolution, but your lawyer can guide you through this if it becomes necessary.
Receiving a Judgment Award
If you win at trial, the court will issue a judgment against the defendant for a certain amount of compensation. Collecting this compensation may involve working with the defendant’s insurance company. If the defense appeals the verdict, there may be additional steps before you receive payment. Your lawyer can guide you through these post-trial processes.
Achieving Closure
A car accident lawsuit can feel long and emotional. When the trial ends—whether through a settlement before the verdict or a jury decision—many people experience a sense of closure.
You may feel validated that your injuries and experiences were acknowledged. The compensation can help pay for ongoing medical care, make up for lost wages, and provide some measure of relief for the pain and difficulties you endured.
Why Having a Lawyer at Your Side Matters
A car accident lawsuit involves many steps, from the initial consultation through trial and potential appeals. Each stage comes with specific challenges.
Negotiations with insurers can test your patience. Discovery involves careful organization and strategic thinking. A courtroom trial requires presenting evidence clearly and persuasively. Having a lawyer by your side helps ensure that each step is handled with care, allowing you to focus on recovery.
By handling communications, paperwork, legal filings, and negotiations, a car accident attorney allows you to concentrate on your medical needs. With an understanding of New York’s legal landscape, your lawyer can help navigate comparative negligence rules, file motions to strengthen your case, and position you for a favorable resolution.
During that time, your lawyer keeps you informed of your case’s progress and clarifies any developments that arise. If the insurance company’s offer changes or a new witness comes forward, your lawyer updates the strategy and keeps you in the loop. This guidance helps you feel supported as you make decisions about settlements or whether to proceed to trial.
Working With William Mattar Law Offices
Choosing who will represent you in a car accident lawsuit affects how your case unfolds. William Mattar Law Offices handles personal injury cases stemming from car accidents and works to secure compensation for injury victims in New York. The legal team can manage complex interactions with insurance companies, gather evidence, and prepare your case for trial if needed.
While no one can predict every twist in the road, having legal guidance can steady you as you seek compensation that reflects the full reality of your losses. Whether you resolve your claim through negotiation or present your case to a New York jury, the process of a car accident lawsuit is a path toward accountability and a more secure future.
Call our main office in Williamsville, NY, at 716-444-4444 or contact us online anytime, 24/7. We have offices in Buffalo, Syracuse, and Rochester, and our personal injury lawyers can serve clients throughout New York, including Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City.