What Happens If You Are Sued After Causing A Collision In Manhattan?

You may be sued if you are involved in a car accident in Manhattan, even if you are not at fault. This article will discuss what happens if you are sued and what you can do to protect yourself.

What Happens During a Car Accident Lawsuit?

You meet with the attorney defending the lawsuit to discuss the details of the accident. The attorney composes and submits a response to the lawsuit. The parties then enter the discovery phase.

Each party requests information and documentation from the opposing party during discovery. The parties use this information to build their cases and gain a deeper understanding of the opposing party’s evidence.

You may be compelled to attend a deposition. A deposition is the taking of sworn testimony outside of court. The opposing party’s attorney inquires about the accident. A court reporter records and transcribes the deposition for the parties.

After completion of discovery, the parties may engage in settlement negotiations or mediation. Numerous lawsuits reach a settlement during this phase. If not, the lawsuit proceeds to pre-trial conferences and motions.

Both sides present their evidence to the jury during the trial. The jury reaches a decision. If the verdict is favourable to the plaintiff, the jury will award damages. If the damages exceed the limits of your liability insurance policy, you are personally responsible for the difference.

Therefore, it may be prudent to carry the highest insurance limits you can afford. Again, it is prudent to seek legal counsel from an attorney other than the insurance company’s attorney. You must learn about your legal rights and options from an attorney who has your best interests in mind.

Are There Defenses to a Car Accident Lawsuit?

When you are sued for causing a collision in Manhattan, you may have one or more possible defences. Contributory negligence is a common defence in automobile accident cases.

Under New York’s contributory negligence law, if the person suing you is partially responsible for the accident, their percentage of fault can be deducted from the damages. Because they contributed to the cause of the collision, they are not entitled to full compensation for all damages.

Suppose, for example, that the jury determines that the other driver was 30% at fault for the collision. The court awards the individual $100,000 in damages. The maximum amount the individual can receive is $70,000 ($100,000 minus 30%).

How Long Does Someone Have to Sue Me for a Car Accident in New York?

The statute of limitations for most auto accident lawsuits in New York is three years from the date of the accident. If the deadline has passed, the attorney submits a dismissal motion. Unless an exception to the statute of limitations exists, the court dismisses the lawsuit.

There are only a few exceptions to the car accident lawsuit statute of limitations. As soon as the insurance company’s attorney receives the lawsuit, he or she reviews the deadlines.

What Should I Do After a Car Accident?

Even if you believe you caused the car accident, you should never admit fault. Instead, immediately consult a lawyer to learn your legal rights and potential liability.

If possible, photograph and record a video of the accident scene with your cell phone. Some accident victims may cause additional damage to their vehicle in order to increase the value of their claim. Also, request the names and contact information of eyewitnesses.

The attorney should search for footage of the accident captured by traffic cameras and nearby surveillance cameras. A video recording of the collision can help prove allegations of contributory negligence.

Until you speak with an attorney, you should avoid speaking with insurance adjusters and investigators. The statements you make following an accident may be used to establish fault. Before answering questions or making statements, it is always in your best interest to consult with legal counsel.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

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