NY Car Accident Litigation and Lawsuits
Each car accident case has its own facts
and each client has his or her own interests and needs, so no two
cases are identical. However, you should know what to expect if you
retain me to handle your car accident case. There are five aspects
to each NY car accident litigation:
Getting Started on the NY Auto Accident
Litigation
To get started, I will meet with you to
hear and understand your story. I will review the issues with you
and what we must prove to win a lawsuit and I will outline all of
the services that I will provide to you. If you decide to retain me
to represent you on the case, then I will do the following:
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Have you sign a retainer agreement
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Give you a Welcome Kit, the first of six client reports. The Welcome Kit contains an overview of the services I provide, a statement of client rights and responsibilities, a timeline for the case and other introductory information.
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Have you sign medical release forms: To conduct an investigation, I need to collect copies of your medical records as well as other documents. Collecting those records requires that I have your written authorization.
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File a claim letter: This notifies the defendant that you have a potential claim and that I represent you.
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File a No-Fault claim with your insurance company.
Conducting the Investigation
of a NY Auto Accident Case
All investigations start by collecting
all pertinent information. Therefore, I start by taking these
actions:
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Acquiring copies of police, fire, ambulance and other officials records of the event
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Taking photographs of the scene and, if appropriate, the vehicles involved
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Researching the history of any previous accidents at the site
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Collecting your medical records. I seek these records immediately, though we may need to wait on some until you finish treatment. Some providers require persistence contacts before they send the records.
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Collecting weather reports.
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Contacting and interviewing witnesses to the accident. In some cases, I will post signs or work through the local media to find potential witnesses.
I assemble a team of experts needed to support
your car accident case. In previous car accident cases, I have used
the following type of experts:
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Medical reviewers to assist in the review of the medical records
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Accident reconstruction experts
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Road design engineers
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I also conduct legal research seeking
similar cases and identifying decisions that may affect your car
accident case.
Preparing an Assessment of a NY Auto Accident Case
Once I complete the investigation, I will gather all the material, information, records and research and conduct an assessment of the case. I prepare a detailed Case Assessment, the second of the six client reports. The assessment looks at all the issues involved with a NY car accident litigation:
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The Facts of the Case: A review of all the facts.
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Liability: I explain the issues in proving the defendant’s liability and estimate what a jury is likely to find. In motor vehicle accidents, we also need to assess the probability of meeting the threshold requirements of the No-Fault insurance law. ( read more about the threshold requirements).
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Damages: I review the injuries and other damages you have suffered and estimate the value the jury will place on these damages.
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Proceeding to Trial: This section reviews my approach as we proceed to trial, including an estimate of how long it will take for the case to come to trial.
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Settlement Options: This section assesses the value of the case in settlement talks and also assesses the likelihood that the defense will be willing to settle. Some cases are more likely than others to settle and some insurers are more likely to settle than others.
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Recommendation: I close each Case Assessment with a series of recommendations on how best to proceed.
I will review the Case Assessment with
you to ensure that I have all the facts correct and to discuss the
details of the case and my evaluation of it. We will then discuss
how best to proceed.
Pursuing a Settlement in a NY Auto
Accident Case
In all cases, we proceed down two
parallel paths: preparing for trial and seeking settlement. The
better we prepare for trial, the more likely a settlement becomes.
It is always worthwhile to pursue
settlement options, though not all cases will or should settle.
I use the Case Assessment to prepare a Settlement Package that I
present to the defense. I try to submit this settlement package
before formally filing a lawsuit as that gives the defense an
opportunity to settle without incurring substantial legal fees.
There is never a time when the settlement
door closes. Throughout the process, I will remain in contact with
the defense to see if they want to offer a settlement that meets
your needs. Just as the defense is never required to offer a
settlement, you are never required to take a settlement.
Pursuing the Lawsuit in the NY Auto
Accident Case
After completing the investigation, if a
case does not settle early, I will file a lawsuit on your behalf.
We may accelerate the filing of the lawsuit in the timeline if we
need to meet any statute of limitations requirements. There are
three main phases to the typical car accident lawsuit process in New
York:
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Filing the lawsuit and exchanging the initial papers: We begin the lawsuit by filing a Summons and Complaint. That action triggers an exchange of legal papers with the defense. Upon filing the lawsuit, I will produce the third of six client reports, the Lawsuit Report, which provides details of the legal process and includes a copy of the papers filed on your behalf.
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Discovery: During the Discovery phase, we will exchange information with the defense and conduct depositions of the parties. When we begin the Discovery phase, I will provide you with the fourth client report, the Discovery Report, which provides the schedule for Discovery and explains the process in detail. We will schedule your deposition where the lawyer for the defense will ask you questions under oath. I will provide you with Deposition Guidelines, the fifth client report, to help you prepare for your deposition. I will also meet with you to prepare for the deposition.
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The Trial: After we complete the Discovery phase, I will put your case on the court calendar. The wait for a trial can take from one to three years, depending on the court backlog. Throughout that wait, I will update the assessment of the case with any new developments. As we near the trial date, I will provide you with the sixth and final client report, a Trial Report, which provides an overview of how I will try the case. It also helps you prepare for the trial.
Focus,
Communication and Service
As you can see, I work very hard in
preparing your car accident case and do all I can to ensure that you
receive the justice you deserve. I will keep you abreast of all
developments, including regular updates on the collection of medical
records and the exchange of legal papers and speak to each client at
least once every two weeks.
I also provide a set of
six client
reports that are specific to your case and provide you with detailed
analysis and guidelines:
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Welcome Kit
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Case Assessment
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Lawsuit Report
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Discovery Report
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Deposition Guidelines
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Trial Report
Carol L. Schlitt - A New York Car Accident Attorney
If you have been involved in a car accident in New York, you may need the advice of a lawyer experienced with handling motor vehicle cases. If you think you have a car accident case or if you have questions, please call me and I will be glad to discuss your rights, answer your questions and help you with your potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
I hope you have found this information
helpful.
Carol L. Schlitt
New York Personal Injury Attorney
1-800-660-1466
Carol@SchlittLaw.com.