Stages of a Car Accident Injury Lawsuit
After you or someone you care about has been in a car accident, start the resolution process on the right foot by calling the dedicated personal injury attorneys at Greenstein & Milbauer.
When you call our experienced car accident attorneys for a free consultation, you’re making the right decision. We handle much more than litigation. Our car accident injury attorneys supervise every aspect of your claim resolution process, simplifying the process and giving you or the accident victim you care about the time and peace-of-mind to heal in peace.
Consulting a car accident attorney is important because even if your claim appears to be going smoothly, you may be leaving money you deserve on the table. Insurance companies rarely cover non-economic losses, such as: pain & suffering, emotional distress or loss of spousal companionship.
Talk to car accident injury experts before you settle. We all need help understanding the many stages of a car accident injury lawsuit.
If you’re the victim, the first stage is understanding the options the driver’s insurance company will offer. Does the other driver’s policy adequately compensate you for medical expenses and car repairs? Talk to a legal expert, because you could have a potential lawsuit if your losses are higher than what your under-insured motorist coverage can pay.
Greenstein & Milbauer can help you understand the different types of lawsuit options available to you and the advantages/drawbacks of each. Many car accident injury lawsuits are civil suits, also known as tort or personal injury cases. The process begins with the filing of a complaint, or petition, with the local court and it’s important that you file within New York State’s statute of limitations.
Time is of the essence.
After your petition is filed, the other party’s attorney may pursue a number of Preliminary Motions, including: a Motion for change of venue; Motion for removal – which will move your case from state court to federal; or a Motion to dismiss – which does not necessarily dispute the facts of the case but may argue the suit was brought in an untimely manner or that no relief is warranted.
If your case proceeds to trial, you’ll often be given low priority, which means your trial date might be a year in the future—another reason why acting quickly in the early stages of the process is essential.
In addition, your judge might place your case in mediation, which means that you and your car accident attorneys meet with the defendant and his or her attorneys for talks moderated by a third-party mediator, who works to reach agreement between the parties.
If your case DOES go to trial, you’ll go through the discovery stage during which attorneys and investigators on both sides gather facts.
Once a trial is set, your case might be heard as a bench trial, with only the judge deciding your case, or it could proceed to a full jury trial, with a judge deciding which laws are applicable, but with a jury determining what happened and who was at fault.
As we’ve stated before, bringing a car accident injury lawsuit to trial can be a long, arduous process. For many, the good news is that with thorough pretrial preparation and investigation by skilled car accident injury lawsuit attorneys like Robert Greenstein and Seth Milbauer behind you, your case may not need to reach the trial stage because the defense may opt to settle your case much earlier.
What you’ve just read is only a brief overview of the complicated process of filing and pursuing a car accident injury lawsuit.
So if you’ve been injured in a car accident in Manhattan, Brooklyn, Queens, Staten Island, the Bronx or most sections of long Island, contact the experienced car accident injury lawyers at Greenstein & Milbauer, LLP today at 1-800-842-8462 (1-800-
You’ll speak with either Rob Greenstein or Seth Milbauer, the firm’s partners, each of whom has more than 15 years of New York auto accident injury experience claim experience.[