Hiring an Attorney after a Car Accident

Headshot of Jeremy Schiowitz
Written by Jeremy Schiowitz

Personal Injury Lawyer at Isaacson, Schiowitz & Korson, LLP.

Over 20 years of experience in Personal Injury.

Graduated from Brooklyn Law School: Juris Doctor, 2003.

No one needs to tell you that New York has a lot of traffic. The sheer number of cars, buses, trucks, motorcycles and cabs on the road account for thousands of injuries to motorists, passengers and pedestrians alike.

If you’re injured in an accident, it goes without saying that the first thing you should do is seek medical attention. If you have been injured, the best thing you can do is to seek the counsel of a personal injury attorney in New York specializing in automobile accidents.

If you have sustained injuries, you have the right to recover medical expenses and lost wages, and you may be entitled to compensation for pain and suffering. You will probably be approached by an attorney or adjuster from the insurance company for the person at fault. That person’s goal is not to settle the case and help you recover lost wages and pay for medical expenses. Their goal is to limit their client’s liability.

Said another way, the attorney or adjuster’s goal is to get their client a settlement that doesn’t cost a lot. They do this by offering you a settlement. It may look good on the surface; after all, you’re getting some money.

The problem is that you’re signing away any future considerations. Part of the settlement agreement will be that you will waive your right to bring a lawsuit against the other party in the future. If you develop a medical condition two or three years (or even longer!) down the road, you would not be able to pursue any legal action.

Anyone involved in a car accident is also entitled to No Fault benefits which will entitle them to lost wages and medical insurance relating to the injuries sustained in the accident.  They should be aware that they only have 30 days to file the No Fault application and should therefore speak to an attorney immediately so that their time to file it does not expire.

If you’re offered a settlement, do not sign it unless and until you’re advised to do so by a reputable and experienced car accident attorney.

Once you make the decision to seek council, your attorney will

·Examine the settlement offer by the other driver or insurance company

·Help you determine how much your claim is worth

· Determine a legal course of action against the opposing driver

· File a bodily injury claim, if necessary

· Negotiate with insurance companies

Most will take your case on contingency, so you will not have to spend money upfront for legal representation. You should have an attorney to help navigate through the red tape and negotiate a fair settlement for yourself. Hiring an experienced car accident attorney improves your chances for a favorable outcome.

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