If you were hurt in a Manhattan car crash as the result of someone else’s negligence, you will want to consult with an attorney that is familiar with the process of handling this type of case. After receiving emergency medical treatment, you should contact a personal injury lawyer.
What is the Process?
If you come to my firm immediately following your car accident, you will likely need treatment for the injuries you sustained in the accident. The payment for the medical bills will be covered under what’s called “no-fault,” which is the provision under New York Law that governs payment for a car accident victim’s medical care and treatment stemming from the auto accident. Since not all doctors will accept the payment amount provided by no-fault, if you do not know a doctor of your choosing who accepts clients hurt in auto accidents, my firm can refer you to one.
If you will be out of work due to your injuries, you must have your employer complete a Wage Verification Form which will then be sent to the insurance company representative handling your no-fault claim. This is required for the no-fault provider to reimburse you for your lost wages. Every month you are required to stay out of work, you will need to get a disability note from one of your treating physicians stating that you are unable to work, otherwise no-fault will not pay your lost wages.
Once you have completed treatment, my firm will obtain all of the medical records from the doctors that you treated with. Once the records are obtained, they are sent to the insurance claims representative of the at fault party, or the person who was responsible for the crash that caused your injuries. After the claims representative has reviewed your medical records, they will call to see if an early resolution of your case can be had without the need to file a lawsuit in court. If it’s not possible, then your case gets filed in court.
A Summons and Complaint is drafted, filed with the court and served upon each of the parties who bears responsibility for your injuries. Once all the parties are served, the next steps are taken to get your case moving in court. Paper documents will be exchanged between the lawyers and depositions will be scheduled. A deposition is just a “question and answer” session in which the attorney for the at-fault party will ask you questions about the accident. They will ask you “how” the accident happened, where it happened, what parts of your body were injured in the accident and whether or not you had ever hurt those parts of your body in a prior accident. They will also ask you about your job, how much your earn and how long you were, or have been out-of-work as a result of the accident.
Once depositions are completed, settlement is often explored again. If settlement is not possible then a document called a “Note of Issue” is filed in court to get your case moving toward trial. Even now, settlement discussions usually continue because there is always risk in having a jury decide your case. However, if settlement isn’t possible, a trial date is eventually selected and a jury is selected to hear your case. Is some cases, a judge may hear your case and make the decision regarding liability and damages instead of a jury.
If you’ve been injured in a Manhattan auto accident due to the fault of someone else, you need a Manhattan Car Accident Lawyer to fight for you. Contact attorney Michael J. Redenburg, Esq. at 212-518-2095 or go online.