Motor vehicle accidents can result in costly medical expenses, lost wages from missed work days, and unnecessary pain and suffering. If serious injuries or damages are sustained as a result of someone else’s negligence, filing a lawsuit may be a viable way to recover some of the damages. The stress of filing a lawsuit can deter many people from pursuing legal action, however, with the help of an experienced attorney, the lawsuit process is quite simple and straightforward.  

Many states, including New York, have a no-fault insurance system, which means each party’s individual insurance company will pay for their medical bills, regardless of who caused the accident. However, if serious injuries or damages are sustained from the accident, a lawsuit can still be filed against the liable party. If you are thinking about filing a lawsuit, you should contact an attorney as soon as possible because there is a statute of limitations for motor vehicle accidents.

If you decide to move forward with a lawsuit, evidence will be crucial for proving your claim. Therefore, if you are involved in a motor vehicle accident, you should immediately start gathering the following evidence:

  • Photos can be a useful tool for documenting the incident. Take photos of both parties’ cars as well as the accident scene itself. 
  • Get the contact information of witnesses who are willing to give a statement of what happened
  • If you sustained any injuries from the accident, make sure to keep all medical records and bills.
  • Obtain an official police report of the accident.

Most motor vehicle accident lawsuits are settled before they go to trial. Often, the two parties will have a mediation to try to reach a settlement that both parties can agree on. During the mediation, the plaintiff and the defendant will present their information and evidence to a neutral third party mediator. It is often in the insurance company’s best interest to settle the case because trails are more costly and time consuming than a settlement. However, if the two parties cannot agree on a settlement, the case will then go to trial.  

During the trial, the plaintiff will have to prove their claim. After hearing evidence and statements from witnesses, the jury will deliberate and render a verdict. The amount awarded in either the settlement or trial depends on the extent of the damages, and how much each party is at fault for the accident. Compensation for a motor vehicle accidents may include medical expenses, lost wages, car repairs, and pain and suffering.

If you were injured in a motor vehicle accident, contact the Law Offices of Rudolph F.X. Migliore. We understand how overwhelming a lawsuit can be, and we want to help. We are with you through every step of the lawsuit process, so you are never alone. Call our Long Island office at (631) 543-3663 to schedule a free consultation. When it comes to your case, we are your point of contact.