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July 5, 2022

Do I Have to Go to Court for a Car Accident Claim?

Filing a car accident claim can seem intimidating and emotional, given the stakes involved and the potential for a court hearing. It’s understandable if you’re intimidated by the prospect, especially considering the difficulties the accident itself may have caused. 

Filing a claim may not be at the forefront of your mind or a burden you can’t bear at the moment. With adequate support from your NYC car accident attorney, it’s worth the effort to ensure you get the compensation you deserve. 

Not all cases are heard in front of a court, which may be reassuring to learn. Car accident cases can be resolved in various manners, depending on the willingness of both parties to negotiate throughout the process. For more information on how car accident claims proceed and how your lawyer can help you along the way, read on. 

How Is Fault Established Following a Car Accident? 

Before your case can proceed, your lawyer must first establish your accident resulted from another party’s negligence. Many factors may constitute negligent behavior, such as cell phone usage, dangerous driving, distracted driving, and alcohol consumption. If you’re able to prove that these factors were in play at the time of your accident, you may have a solid claim to make.

Car accidents can have a devastating impact on an individual’s life, and in some circumstances, may be caused by third parties, such as unobservant pedestrians or other road users. 

The initial investigation should produce evidence that can be used by your lawyer to establish whose negligent actions contributed to the accident, which will aid you in building and strengthening your case. Police reports, witness statements, and CCTV footage may prove invaluable as evidence and should be acquired wherever possible. 

A heartbreaking 38,000 people die in the USA each year as a result of car accidents. If you’ve been involved in an accident, it’s vitally important you receive the compensation you deserve, as the financial and emotional burden placed on you in these situations can’t be understated. 

How Do I Pursue a Car Accident Claim?

If you’ve been party to a car accident, you must file your claim within three years of the date of the accident, as per the state’s statute of limitations. Your lawyer’s guidance can go a long way toward making the process as painless as possible by providing valuable advice and helping to gather and use evidence in a manner that best supports your case. 

With your consent, your lawyer will then present this evidence to the opposing party in hopes of reaching a settlement agreement. This is often the fastest way to resolve a case and avoids the hassle of attending court entirely. 

Reach Out to a Car Accident Lawyer in New York City

For more advice on pursuing your claim, reach out to our team at Greenstein & Milbauer, LLP. Schedule your free consultation by calling 1-800-VICTIM2 or complete our online contact form if you wish for us to contact you directly. We’re always happy to discuss potential cases and provide advice and guidance wherever possible to help you seek the justice you’re owed. 

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