In most instances, someone who has been injured in a car accident consults with an attorney early on. It is always a good idea to consult with a lawyer before giving information to an insurance representative.

In many cases, it is difficult to ascertain whether or not there will eventually be a recovery. This is because early on, it is often difficult to determine the severity of the injuries caused by the car accident. Even if there is clear liability on the part of the other driver, the plaintiff must prove a minimal level of injury known as “serious injury” under the Insurance Law.

In New York State, if this threshold is not met a claim will be dismissed upon the defendant’s motion for summary judgment. In many instances what appears to be a minor injury at first can turn into a very significant injury requiring surgery. Just the opposite can happen; an injury which appears to be very severe at first can sometimes resolve quickly and result in no permanent injuries.

As the case progresses, a decision needs to be made whether or not the facts of a particular injury case warrant filing a summons and complaint to initiate a formal lawsuit. It can be expensive to bring a lawsuit and unless there is a real chance of recovery, a lawsuit should not be filed.

It is important that the injuries involved are properly evaluated and a reasonable conclusion is made regarding the viability regarding a lawsuit.

If you have questions as to whether or not your injuries are severe enough to warrant a recovery, feel free to contact our office for a free consultation.