How to Know Whether Your Accident Claim is Viable
An auto accident could change your life in seconds. The aftermath can equally be overwhelming, making it easy to overlook the significant steps you must take to protect yourself physically and legally. The things you do immediately after an accident will often have a dramatic effect on your accident claim. If you’re an accident victim in White Plains, New York, you have to file a No-Fault claim under your insurance policy to obtain money for your medical costs and other limited kinds of economic losses, irrespective of who’s liable for the accident.
Fortunately, you can turn to an experienced White Plains car Accident Lawyer to guide you through the difficult process. If you want to know whether your claim is viable, check this out.
The Elements that Establish the Viability of Your Accident Claim in White Plains
In White Plains, New York, an accident’s viability depends on the injury’s extent. Some injuries automatically meet the “severe injury threshold.” These injuries range from fractures and dismemberment to losing the function of a body part.
Different criteria exist.If you meet them, you have a good chance of settling your case. Of course, this is dependent on whether you can prove that the other driver is responsible for the collision. You’ll have a stronger case if there’s evidence of negligence on the at-fault driver.
The best instance is where you were a victim of a rear-end collision. In this case, someone wasn’t paying attention and, consequently, hit the other person. This kind of case, with considerable damage to your car and a severe injury, forms a strong case in White Plains, New York.
The Importance of Witnesses and Evidence in Your Accident Case
Witnesses, especially independent ones who weren’t involved in the auto accident, are extremely important. They’re deemed credible because they don’t have a stake in the lawsuit or claim. Their testimony frequently goes a long way in demonstrating who was responsible for the accident.
Other kinds of evidence that need collecting include skid marks, damage to the vehicles, and tire marks. This kind of evidence is especially important in bigger cases where a White Plains Accident Lawyer would need the services of an accident reconstructionist to testify about how the accident took place and the speed at which the drivers were going.
All the physical evidence, along with witness statements, is vital to the plaintiff’s case. You must hire an attorney as soon as possible so they can acquire witness statements and protect physical evidence.
What happens if You Both are at Fault?
In some instances, both drivers can be responsible for the accident. This doesn’t imply that it’s impossible to seek legal action. However, it means that the court will implement the notion of comparative negligence. This implies that any verdict or settlement that’s obtained on your behalf will undergo an adjustment by a proportion.
The court determines this percentage, which represents the extent to which you were responsible for the accident. If the court determines that you’re responsible for 40% of the accident, and you receive $1,000,000 in compensation, for instance, then $600,000 will be your final reward.
Should You Depend on Your Policy Limits?
In some instances, the insurance might be sufficient to cover your medical costs. However, if you or a loved one has sustained severe injuries, the treatment cost might be higher than your insurance policy offers. For instance, the minimum insurance limits set by New York are $10,000 for property damage and $25,000 for bodily injury per individual.
While the amounts might seem a lot, you’ll discover that the average cost for treating a mild brain injury is $85,000 in the first year. In case of severe brain injury, the average cost increases up to $3,000,000 for a single injury. Remember, victims often suffer different kinds of injuries during an auto accident. That’s where a White Plains Accident Lawyer comes in to ensure you’re well informed.
Often, car accidents are traumatic events that leave victims with emotional distress, severe physical injuries, and financially burdened. The experienced attorneys can help you through the traumatic event and pursue the deserved compensation.