Numerous car accidents are reported in New York every month. Handling the aftermath of a car accident may not be easy, especially if you have sustained serious injuries. Personal injury laws in NY are inherently complex. For instance, following the accident, you are first required to file an insurance claim with your insurer, to claim compensation for your damages, through your PIP insurance. However, the extent of damages that you can recover from your insurer is fixed, so if your losses are extreme, or you have suffered a ‘serious injury’, you can decide to file a car accident lawsuit. For that, you may want to consider consulting a Rochester car accident attorney. In this post, we are sharing a few tips on how to make the most of your meeting with a personal injury attorney.
- Discuss your case in depth. In the real world, car accidents are rarely simple. Multiple parties may have been at fault. To file a personal injury lawsuit, you have to prove two important things. Firstly, you sustained injuries because of the said car accident, and the other driver was negligent in their action. If you have part share of fault, this can impact your settlement, because New York follows the pure comparative fault rule. Let your attorney know whatever may have led to the car accident.
- Discuss their experience. The complications of a medical malpractice case can be really different than that of a car accident lawsuit. In other words, you need an attorney, who dedicates considerable part of their practice to car accident claims and lawsuits. Experience is a key factor for selecting an attorney. Ask the attorney about their work profile, and if they have handled comparable cases.
- Discuss the costs. The good news is many accident lawyers in Rochester work on a contingency basis for such cases. This means that the lawyer will take a part of the settlement as their fee, typically between 25% and 40% of the final compensation. However, if the lawyer doesn’t win, they don’t get paid. There could be other costs related to investigation and litigation. Ask the attorney if they can advance these expenses, which can be adjusted later with the settlement.
A good car accident lawyer should be able to give a fair idea of what to expect from the lawsuit. More importantly, they can guide on whether you have a lawsuit in the first place and what can be expected in compensation.