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Evaluating whether an auto accident case should go to trial

On Behalf of | Apr 25, 2024 | Personal Injury

Many people who sustain injuries in car or truck accidents are entitled to compensation. Often, these accidents result in serious, life-altering conditions. Many such injuries affect mobility and cognitive abilities. These incidents can be catastrophic, and victims are entitled to appropriate compensation.

Typically, insurance companies handle the settlement process. Unfortunately, their evaluations sometimes focus more on their business bottom line than on the facts of the case. Such practices can leave the injured party feeling helpless and overwhelmed. However, they must stand their ground and pursue justice.

The assessment process

Those injured have the right to reject the first or even the second settlement offer. In these situations, considering legal action might be appropriate. The first step is checking whether the victim has a solid case through a thorough evaluation. An evaluation involves several key areas:

  1. Collecting evidence that proves the other party’s clear fault and liability.
  2. Assessing the impact of the injuries on the injured person’s life and calculating both current and future medical costs.
  3. Considering any income lost due to not being able to work and projecting future losses.
  4. Evaluating property damage to the person’s vehicle or other possessions.
  5. Reviewing the at-fault party’s insurance coverage to understand its limits and its potential impact on compensation.

If the evaluation finds the other party is clearly at fault and the accident caused severe injuries, the victim should consider a trial. A fair trial can help when insurance companies refuse a fair settlement despite clear fault and severe injuries.

Don’t be afraid to settle in court

Preparing for court litigation can be stressful. The injured party must gather and organize all evidence, including medical records, police reports and witness accounts. Not only do they need to prepare this evidence, but they must also understand the laws regarding personal injury claims in New York. It’s no secret that building a strong case can be complex.

In these situations, seeking a legal professional can be beneficial. They can help defend against corporations and fight for those injured.

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