What to Do if the At-Fault Party Won’t Accept Responsibility – Can My Lawyer Help?

When Should You Seek a Personal Injury Lawyer?

If you have suffered a personal injury in New York, it is time to consult a personal injury attorney if –

You Have Severe Injuries from the Accident – If the injuries you sustained are severe or result in long-term or permanent disability, a personal injury lawyer can help make sure you receive adequate compensation.

If There is a Liability Dispute – When there is a dispute over who is at fault for the accident, a lawyer can help gather evidence and build a strong case to prove liability.

There are Multiple Parties Involved – If multiple parties were involved in the accident, such as in a multi-car collision or a case involving multiple defendants, a lawyer can help navigate these complexities and protect your interests.

When There are Insurance Company Issues – If the relevant insurance company denies your claim, delays payment, or offers a settlement that does not cover your damages, a personal injury lawyer can negotiate with the insurer or take the case to court.

There are Complicated Legal Rules to Navigate – Certain personal injury cases involve complicated legal rules. Such cases include medical malpractice, injury due to defective products, or cases against government entities, which require specialized knowledge and experience.

When the Accident Caused Emotional Distress – If the injury has caused significant emotional distress, your lawyer can help quantify, and prove, this non-economic damage and seek compensation for it.

You Need for Expert Testimony to Substantiate Your Case – Some cases may require expert testimony to prove aspects of the accident like causation or the extent of damages. A lawyer can help identify and hire the necessary experts.

You Are Unsure About Settlement Negotiations – If you are not confident in negotiating a fair settlement on your own, your lawyer can leverage their negotiation skills and experience to ensure you receive a just settlement.‍

When You Need to Stay Within the Statute of Limitations – Your lawyer can help manage deadlines so you file your claim within New York's statute of limitations for personal injury cases (typically three years from the date of the accident), and make sure all paperwork is filed correctly.

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Soon after an accident, consulting with a personal injury lawyer can provide clarity on the legal process. They can see to it that your rights are protected from the start.

What if The At-Fault Party Refuses to Take Responsibility?

If the at-fault party refuses to take responsibility or pay damages for a victim's personal injuries, the victim should take the following steps, according to New York state law –

Continue to Seek Medical Attention – Always make sure that all injuries and treatments are documented and by a medical professional. Medical records are crucial evidence in personal injury cases.

Consult with a Personal Injury Lawyer – A trusted attorney can help evaluate your case, advise you on the best course of action, and handle communications with the at-fault party and their insurance company.

Document the Incident as Completely as Possible – Gather as much evidence as possible from the scene of the accident, including photographs, witness statements, and police reports, with attorney support.

Notify the Relevant Insurance Companies ASAP – Report the accident to your insurance company and the at-fault party's insurance company. Provide them with all necessary information and documentation collected up-to that point. More evidence can be presented as your lawyer continues to gather more evidence of the accident.

Attempt to Negotiate a Settlement Formally – Your lawyer can negotiate with the at-fault party's insurance company to reach a fair settlement. If negotiations fail, further legal action might be necessary.

File a Personal Injury Claim – If the at-fault party's insurance company denies your claim or offers an inadequate settlement, your lawyer can help you file a formal claim against the at-fault party to help reach a settlement.

File a Lawsuit – If a settlement cannot be reached, your lawyer can file a personal injury lawsuit in the appropriate New York court. This involves preparing and filing a complaint outlining the details of the accident, the injuries sustained, and the compensation sought.

Engage in Pretrial Processes – Engage in pretrial discovery, where both parties exchange information and gather evidence. This may involve depositions, interrogatories, and requests for documents.

Attempt Mediation or Arbitration – Sometimes, disputes can be resolved through mediation or arbitration with the help of a neutral third party. These are less formal than a trial and can lead to a quicker resolution.

Go to Trial If All Attempts at a Settlement Fail – If mediation or arbitration fails, the case will, most likely, go to trial. Your lawyer will present your case, and a judge or jury will determine liability and award damages if applicable.

Finally, Collect Damages – If you win the case or reach a settlement, your lawyer will help you collect the awarded damages from the at-fault party or their insurance company.

It is important to note that, throughout this process, adhering to New York's statute of limitations for personal injury cases – which is generally three years from the date of the accident – is crucial. Failure to file a claim within this timeframe can result in losing the right to seek compensation. In any case, filing a claim as soon as an accident takes place – when all other paths to reach a settlement failed – is the most advisable.

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Choosing who represents you in the court of law should be done responsibly. Always search for a personal injury attorney with a track record of successful negotiations with cases similar to yours. At Gabriel Law, we not only employ the best personal injury attorneys in New York, we also provide you with all necessary legal resources throughout, until you reach a satisfactory settlement.

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To talk to a trustworthy personal injury lawyer, call this 24/7 hotline (212) 497-2421 or leave a message here.