The Importance of a Car Accident Attorney
If you're involved in a car accident, the first step is to contact the police. They will investigate the incident and prepare an incident report. They will also record any injuries and losses.
A qualified car accident attorney can handle negotiations with insurance companies. They are aware of the tactics insurance companies employ to deny or reduce the value of legitimate claims.
Statute of limitations
A statute of limitations is a law enacted by a legislature which sets the time limit following an event, within which legal action can be started. The laws differ by jurisdiction and type of case, however, they generally contain provisions for civil and criminal cases. For example New York's statute of limitations is three years for most personal injury cases. Any lawsuit filed after the statute of limitation has expired will be dismissed. The goal of a statute of limitations is to protect the rights of victims, because evidence could be lost with time and memories of witnesses may disappear.
Statutes of limitations also serve to prevent fraud by preventing people from submitting claims after the statute has expired. The statute of limitations is a crucial tool for victims and should not be altered by anyone. A lawyer can assist clients to understand their options in relation to the statute of limitations and help ensure that they file within the prescribed time limit.
In some cases the statute of limitations can be "paused", or "tolled". For example in the event that a plaintiff has been injured as a result of the negligence of another party, and doesn't know they've been injured, the clock will not start until they are aware of their injuries. This is referred to as the discovery rule. The statute of limitations can be extended if the plaintiff was legally disabled or mentally ill at the time the accident occurred.
While Roseville accident attorney have a statute of limitations however, there are some that do not, including the most serious crimes like murder. This is because the brutal nature of these crimes makes it impossible for prosecutors to ensure an impartial trial. The victim could be emotionally traumatized and it can be difficult for them to be a part of the court process. The victim is also likely to lose memory of the crime and will be more unable to pursue a claim against the responsible person. A New York accident attorney can assist the victim to overcome this hurdle by identifying and determining all potential defendants.
Preparation
Car accidents can be very stressful experiences for the victims, resulting in costly medical bills and loss of wages. A successful lawsuit can help compensate victims for their losses. To maximize the amount of the compensation they receive, accident victims must have an experienced lawyer representing the case in negotiations or at trial. A lawyer will ensure that all evidence is documented and preserved. This is vital for a court case in which the opposing party might try to undermine or challenge your injury claim.
Documenting the accident and the victim's injuries is among the most important things a victim can do. Take photos of the accident scene and obtain witness statements. This will provide the attorney with valuable details about the circumstances surrounding the incident, which can be used as leverage during settlement negotiations or during a trial against the responsible driver. The second step is to seek immediate medical treatment. The sooner a patient is diagnosed and treated the more likely it is to obtain the full amount of compensation.
As you prepare for your first meeting with an accident lawyer, note down every detail you remember about the accident while they are still fresh in your memory. This is especially important when you have doubts about how the incident happened. This can be very helpful in your case, as the details of an incident can fade with time. A legal consultation will also assist you in deciding if hiring an attorney is the right choice for your case.
Prior to your appointment, you should review the documents you have submitted and discuss your objectives for the case with your attorney. This should include a discussion of the amount of damages you're seeking and the amount you'd like to receive in a settlement offer. Your lawyer will also explain any laws that may impact the outcome of your case, for example, the statute of limitations.
An attorney can help you prepare for deposition, which is a process that involves answering questions under oath regarding the events of your case. The lawyer for the other party will ask you questions about the incident, your injuries, and any other pertinent issues in the case. A lawyer on your side will safeguard you from any embarrassing or inappropriate questions that could be asked of you.