Whether you were hurt in a public transit incident, a school bus crash, or a private charter bus accident, you are likely qualified to seek compensation for your injuries and damages. If you are unable to recover that compensation through an insurance claim, you could file a lawsuit by filing the correct paperwork and presenting your case in court.
Working with a Long Island bus accident lawyer will protect your rights and let you focus on healing while we build a case to recover the compensation you deserve. Our attorneys know how to handle accident cases for injured bus passengers, occupants of other vehicles hit by the bus, or pedestrians injured by a careless bus driver.
- Steps to Recovering Compensation After a Bus Accident
- What Are the First Things I Should Do After a Bus Accident?
- When Is it Time to Call a Bus Accident Lawyer Near You?
- Do I Need to File a Notice of Claim for My Bus Accident Case?
- How Will My Bus Accident Lawyer Build a Convincing Case for Compensation?
- Talk to Our Long Island Bus Accident Team for Free
Steps to Recovering Compensation After a Bus Accident
There are generally two ways your attorney will seek maximum compensation for you based on your expenses, losses, and injuries:
Negotiate a Settlement With the Accident Insurance Company
Insurance companies typically play a significant role in personal injury lawsuits. If the bus accident involves a private company, you will likely deal with a commercial insurance company. A government-operated bus accident case will have a different set of rules regarding insurance coverage and claims processes.
Insurance companies want to minimize their payouts, while your attorney will work to secure an appropriate monetary recovery based on your case.
Having an attorney on your side is important: we will handle all communication with the insurance companies and make sure you do not accept any lowball settlement offers.
Filing a Lawsuit and Litigating the Case
If negotiations with the insurance company do not result in an appropriate settlement, your attorney will be prepared to file a lawsuit. We must do this before the deadline set by New York Civil Practice Law & Rules § 214 arrives. Missing this deadline will bar you from pursuing compensation, so you must start the process as soon as possible.
(It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case. It is best to take advantage of a free case review with our firm so that you know exactly what deadlines you are facing and what your best options for legal action are.)
The litigation process could involve:
- Pretrial motions (These are requests to the court for certain types of relief related to the case. The arguments for and against motions are made in writing and in oral arguments.)
- Discovery, when both sides exchange evidence (Discovery allows each side to assess the relative strength of their case versus the case of their adversary. It also helps each side build their own case in anticipation of a trial before a judge and jury.)
- Depositions (Serve the same purposes as described above pertaining to Discovery.)
- Possible settlement conferences and/or mediation
If there is no settlement in a litigated case before the trial date arrives, your attorney will take the case to trial and present evidence to the judge and jury. We will ask the jury to issue a verdict and award appropriate compensation.
For a free legal consultation, call (516) 932-0400
What Are the First Things I Should Do After a Bus Accident?
If you suffered injuries in a bus crash, consider the following steps as your first priorities:
Seek Medical Attention for Your Accident Injuries
Some common bus accident injuries, including whiplash and head injuries, frequently have delayed symptoms. Seeking medical attention right away is important for both your well-being and for documenting your injuries.
Bus accident claims and lawsuits rely heavily on medical records and medical expert testimony. Your Long Island traffic accident attorney will obtain copies of your relevant records to support your demand for compensation, so failing to get a medical assessment and treatment right away could hurt your case.
Gather Evidence at the Accident Scene When Possible
If you are able, collect evidence from the accident scene before you leave to get medical care:
- Take photos of the bus, your injuries, the surrounding area, and damage to vehicles or property
- Get contact information from any witnesses
- Get contact and insurance information from the driver who hit you
If your injuries prevent you from taking these steps, do not worry. Your health is more important. Our attorneys will gather and organize evidence to establish liability and document the severity of your injuries.
When Is it Time to Call a Bus Accident Lawyer Near You?
While obtaining necessary medical care and making sure your injuries are stable are the highest priority, the best time to contact a bus accident attorney to manage your case would be as soon as possible.
You will want a lawyer on your side who handles bus accident cases regularly. Bus accident lawsuits can be complex than those involving typical car accidents for several reasons:
- Buses are often operated by a corporation or government agency, such as the Metropolitan Transportation Authority (MTA bus) or New York City Transit (MTA New York City Bus).
- There are often multiple potentially liable parties, such as the driver, the bus company, the maintenance company, and other drivers.
- Complex laws govern the process for suing a government agency.
Our attorneys know how to handle bus accident cases and will explain your legal rights, identify the liable parties, and walk with you through the legal process. We will handle all the paperwork, negotiations with insurance companies, and necessary legal procedures.
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Do I Need to File a Notice of Claim for My Bus Accident Case?
New York law requires you to file a notice of claim if the bus in your accident was operated by a government agency, such as the MTA or a school district. This serves as a formal notification that you intend to sue if there is no appropriate settlement offer first.
You have a very limited time after the accident to file a notice of claim. Your lawyer will handle this step, but only if you give us enough time to do so by hiring us promptly.
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How Will My Bus Accident Lawyer Build a Convincing Case for Compensation?
Your attorney will manage the investigation into the crash while you continue treatment and heal. These investigations often include:
- Obtaining the police report, relevant medical records, and other official reports
- Seeking video of the accident
- Reviewing the bus driver’s work history and records
- Examining the bus maintenance history and other key records
- Interviewing witnesses and collecting statements
- Working with expert witnesses, such as accident reconstruction specialists and medical experts
- Documenting expenses and losses
The earlier you hire us, the more time we have to collect evidence to prepare your case for a potential trial and, by doing so, position your case optimally for an appropriate bus accident settlement.
Talk to Our Long Island Bus Accident Team for Free
Friedman & Simon, L.L.P., provides free consultations for bus accident victims on Long Island or elsewhere in the New York metropolitan area.
Our team will meet you where you are and review your case with you. We will explain how a personal injury lawyer from our team could file a bus accident lawsuit for you. Contact us today to learn more.
Call or text (516) 932-0400 or complete a Free Case Evaluation form