How to win a car accident case?

Asked over 2 years ago - Jamaica, NY

What are the factors or arguments that can make my case win over the plaintiff’s complaint who is suing me for SERIOUS INJURY 5102 (d)? I remember when the accident happened a year ago, it was foggy with less visibility, the sky is dark, snow were scattered on the pavement with black ice on the road. I have my pregnant friend with me during the time of the accident and another one in the backseat who can stand as my witnesses. I was found at fault because I was coming from a Stop sign. I really really believe the one suing me now after a year of the accident didn’t have had any injuries caused by the accident. I just needed to prove that but I don’t know how and where to start. She is old, like in her 50s. She was using 2001 Volks Wagen sedan with no daylights. Will my profession as a worker in Medical field in NY help in winning this case? Aside from my medical knowledge and the facts, what else should help me end this kind of distress to me? What counter-sue can I make?

Attorney answers (5)

  1. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

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    Answered . I think you're missing the point. Lawyers go to school for three years, and then practice for years to learn how to win auto accident cases, and defend auto accident cases. We can't guess at what will happen on your case, other than you had a stop sign and are likely at fault. We haven't seen the Plaintiff's medical records so we can't begin to guess as to the whether they can meet threshold of a serious injury. I will tell you this, 100's of cases are dismissed each months by courts because the plaintiff does not satisfy the minimum injury threshold. You shouldn't be posting on a public message board about your case, and the conditions of the road Believe it or not, you've given so much information that the someone familiar with your lawsuit, will be able to identify you. You have no idea if the Plaintiff's attorney is on this message board, and if so, you're hurting your case. Your insurance company's attorney will look into the plaintiff's injuries AND will have a doctor review the medical records. Turn this over to the insurance company and forget about it, until you have more information as to whether your insurance will cover the plaintiff's injuries.

  2. Craig A. Post

    Contributor Level 17

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    Answered . I agree with the other answers posted here. Bottom line is your insurance company should be dealing with these issues.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . If you had insurance, your insurance company will provide a lawyer to defend, so turn all the papers over to your insurance company ASAP.

    Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.
  4. Andrew Daniel Myers

    Contributor Level 20

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    Answered . You need to give the suit papers to your insurance company ASAP. One of the things we all pay for through insurance premiums is a legal defense. Your own insurer has an obligation to defend against any and all claims and lawsuits that are covered in the auto insurance policy. The insurance defense attorneys are trained and seasoned in the intricacies of the state tort law and the procedure. The answer to your question how to win is to give all of the paperwork to the insurance folks, to cooperate fully with the as your policy requires, and to allow them to do their jobs.

    If you are going to make statements such as "she is old, like in her 50s" you are likely to, in other ways, trip over your own feet and do more damage to your case than you know at the time.

    My office handles personal injury and accident cases in Massachusetts and New Hampshire. And despite the procedural and legal differences between our states, the insurance concepts discussed above are relatively universal across the U.S.

    Law Offices of
    Andrew D. Myers

    North Andover, MA — Derry, NH

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

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    Answered . Attorneys go to law school for years to learn what you are asking. Each accident rises and falls on the provable facts.

    You should turn over the summons and complaint you received to your automobile liability insurance carrier you had at the time of this incident. They have the duty to investigate the matter, defend you and indemnify you up to the limits of the insurance coverage you purchased. If you did not have insurance, I think you're going to have difficulties attempting to handle this matter in court on your own. You may wish to retain a civil defense attorney to represent you.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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