The biggest concern most people have after getting involved in an accident is whether or not their insurance will cover the damage to their vehicle. After this concern, people often worry about the other driver, particularly if they are going to file a personal injury claim against them. Though personal injury lawsuits don't happen in all car accident cases, they do occur, which means our Albany readers may need to defend themselves against one down the road.
The first thing to keep in mind when facing a personal injury lawsuit is that, just like the plaintiff who is filing a claim against you, you too have the right to legal representation. Because you likely only have a vague understanding of the law, it's highly advised that you seek the help of a skilled attorney who has experience defending clients against injury claims, like the attorneys here at O'Connor, O'Connor, Bresee & First, P.C.
After obtaining a lawyer, you'll then want to sit down with them and discuss the facts of your case – what your role in the accident was, how you were driving, were you even at fault in the crash. With your side of the story in place, your attorney can begin putting together a defense strategy to refute the plaintiff's case – perhaps even getting their claim dismissed in the process.
Aside from presenting a proper defense, there are other things that can cause a personal injury lawsuit to be dismissed. One thing is New York's statute of limitations, which only gives plaintiff's three years after an accident to file a claim. After that time, they lose their ability to seek compensation.
Another thing can cause a lawsuit to get dismissed is a determination from a judge stating that the plaintiff does not have grounds for compensation. Getting these types of determinations can be a challenge, though, on your own, which is why talking to and obtaining a lawyer is important when facing a personal injury lawsuit.
Sources: The New York City Bar, "Statutes of Limitation," Accessed Nov. 13, 2015