- What Happens If Someone Sues You For Car Accident
- Does Insurance Follow The Car Or Driver In Florida?
- Can You Sue In Florida For A Car Accident If You’re Not Hurt?
What Happens If Someone Sues You For Car Accident – NYC Personal Injury Lawyer » New York Personal Injury Blog » What happens if YOU are sued after causing a collision in Brooklyn, NY?
There are thousands of car accidents in New York every year. Being involved in a collision in Brooklyn can be stressful. Even if you are not injured, dealing with the consequences of the car accident can be frustrating and overwhelming.
What Happens If Someone Sues You For Car Accident
If you were not seriously injured, you can go on with your life and not think about the car accident any more. A year or more after the collision, however, you deserve a lawsuit. The other person involved in the car accident is suing YOU for damages.
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Try to keep calm. A trial is not a judgment. The person filing the lawsuit must prove that you were at fault for causing the car wreck before you can be held financially responsible for damages.
The first thing you need to do is notify your car insurance company. All New York drivers are required to carry minimum amounts of auto accident liability insurance.
Most insurance companies retain legal counsel to respond to and defend the lawsuit. However, you have the right to consult with an attorney of your choice regarding your legal rights. It is wise to speak with a car accident attorney to ensure you understand your legal rights and the potential outcomes you may face.
The statute of limitations for filing a car accident in Brooklyn, New York is generally three years from the date of the accident. There are some exceptions to the rule, such as in cases involving minors or public entities.
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Therefore, in most cases, the person you hit with your vehicle has up to three years from the date of the accident to sue you. In other words, you may benefit from a lawsuit long after the car accident occurred.
There may be reasons why the person waited so long to file a lawsuit. The victim may have sustained injuries that required a long period of treatment and recovery. Your insurance company and the injured party may have been engaged in settlement negotiations for a long time before the injured party gave up and filed the personal injury case.
If the statute of limitations has expired, the insurance company’s attorney will file a motion to dismiss with the court. The court dismisses the lawsuit unless there is an exception that extends the time to file the lawsuit.
It can take more than a year for the court to schedule a trial. There are deadlines for filing pleadings, but the court generally extends the deadlines if a party makes a request for an extension. Many factors, including a court’s schedule, can affect how long it takes to settle a car accident case.
Does Insurance Follow The Car Or Driver In Florida?
If either party is dissatisfied with the outcome of the trial, they can appeal. Appeals can take years to complete, depending on the case.
There may be several defenses you can raise if you are sued because of a car accident. Your lawyer may attack the evidence, arguing that it is insufficient to prove the legal elements of negligence.
Your attorney may argue that the plaintiff was partially at fault for causing the car accident. Under New York’s contributory negligence laws, a plaintiff’s damages may be reduced if the plaintiff is partially responsible for the accident. The compensation is reduced by the percentage of the plaintiff’s fault.
If the jury awards the plaintiff a verdict, you are responsible for paying the verdict. Your insurance company is only responsible for paying the judgment up to the policy limits. Therefore, any remaining money over the policy limits is your personal responsibility.
Can You Sue In Florida For A Car Accident If You’re Not Hurt?
For that reason, it is wise to have insurance limits that are higher than the minimum limits if you can afford it. It is also wise to obtain legal advice from an attorney you trust, rather than relying solely on the advice of the attorney hired by your insurance company.
If you need legal assistance, contact the New York City car accident attorneys at the Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation. After a serious injury from a Daytona Beach accident, you may be considering filing a car accident lawsuit against the person responsible. You may also wonder how long it will take to get a settlement from your claim. Unfortunately, there is no standard time frame for car accident lawsuits. Depending on the circumstances surrounding your claim, you may end up waiting more or less time than another person who filed a car accident case on the same day. Nevertheless, by understanding the evolution of the car accident case timeline, you can get a better idea of how long your case may take based on its circumstances.
You have been injured in a car accident. Immediately after or a few days after, you must see a doctor for your injuries. It is important to see a doctor as soon as possible to prove your claim. Taking too long could allow the defense to argue that your injuries were not serious.
This process may take longer than you might expect. It is important to know how to choose a personal injury lawyer and what questions to ask a personal injury lawyer before making your choice. You can interview several lawyers or just one. After scheduling an initial consultation, you will discuss your claim with the attorney, who may need a few days to review evidence and decide whether or not to take your case.
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The car accident attorney will examine the available evidence in your case. They can look at your medical records and bills you’ve paid, as well as any treatments you’ve had for injuries. They can also look at your pre-existing conditions to see how they might affect the outcome of your case. They will then determine how much you may be entitled to in compensation and whether the case is worth pursuing.
If the car accident attorney takes your case, they will then start with a claim from the other party or their insurance company. Here they will list your losses, although your lawyer cannot file a claim until you have reached a point of maximum medical improvement (MMI). MMI means that you have completed your medical treatment and have recovered as much as you will ever be able to. Depending on how long your recovery may take, this can slow down your case significantly.
Your attorney can file a lawsuit if they feel the case cannot be settled or if their claim was ignored by the insurance company. In this case, the case may take one to two years before it even comes to court. During that time, your attorney will continue to negotiate with the other party in hopes of reaching a settlement.
This is the time before the trial when both sides share the evidence they have gathered in their cases. Both sides are required to hand over their evidence to the other side to help prepare for trial. Your attorney and the other party’s attorney can set up depositions where they meet with you, witnesses, and others involved to get their sides of the story.
What Happens If You Are Sued After Causing A Collision In Florida?
Over the course of your car accident settlement timeline, your case will typically go through several settlement negotiations. Sometimes attorneys will agree to go through mediation with a court-appointed mediator in hopes of settling before trial.
If both parties cannot settle, the case will go to trial, where a judge or jury will hear the facts and decide whether the defendant is liable and, if so, for how much. Car accident trials can last anywhere from a few days to a few weeks.
It is impossible to estimate how long your case will take without reviewing the facts. To find out if you have a case, contact the car accident attorneys at Vasilaros Wagner for a no-obligation consultation. We can discuss your claim with you to provide a better estimate of your case’s timeline for the car accident lawsuit. Call us at 386-777-7777 for a free consultation or fill out our online contact form. For general questions about car accident claims, see our frequently asked questions.
Josh and his team worked diligently to resolve our case; the at-fault driver’s insurance company just dragged their feet for 2 years. But Josh advised us to be patient, and this turned out to be sage advice. We wholeheartedly recommend him and his staff.
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Your office made sure all follow up was taken care of with my vehicle. They kept in consistent contact with me and the insurance company; Every time I contacted the office I was pleased with the professionalism provided to me in relation to my case. Thank you!
From the start I was unsure of what to do. Everyone in the office made the process so easy for me. They kept in touch with me and made sure I was ok. I can’t thank them enough for everything they did.
Choosing vasilaros & wagner to handle my car accident case was the best decision I could have made
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