Car accidents are unexpected and often have serious consequences. Many people feel overwhelmed and unsure about what to do next, especially if they are dealing with medical bills, lost wages, or physical pain. If you have been in a car accident in New York and are considering filing a lawsuit, it is important to understand the steps involved, the time limits, and what you might expect throughout the process. This guide will help explain what it means to file a car accident lawsuit in New York and how to make the best decisions for your situation. At, Andrews, Bernstein & Maranto, PLLC, we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding New York’s No-Fault Insurance Law
In New York, the no-fault insurance law means that your own insurance company will cover your medical bills and other related expenses, regardless of who was at fault in the accident. This law was put in place to ensure that accident victims receive prompt payments for their injuries without having to wait for a lawsuit to determine fault. However, there are limits to this system. The no-fault insurance only covers basic expenses, and it does not cover pain and suffering or other non-economic damages. If your injuries are severe and exceed the no-fault limits, you may be eligible to file a lawsuit against the at-fault driver to seek additional compensation.
When You Can File a Car Accident Lawsuit
Under New York law, there are certain conditions that allow you to file a lawsuit outside of the no-fault system. This means that only certain injuries qualify as “serious injuries” under New York’s car accident laws. Serious injuries are typically defined as injuries that result in dismemberment, fractures, significant disfigurement, permanent loss of use of a body organ, or other significant physical impairments. If your injuries fall into one of these categories, you may be able to seek compensation for pain and suffering, mental anguish, and other damages that are not covered by no-fault insurance.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Norton
Lowe
Attorney
Amanda
Blum
Attorney
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
The Statute of Limitations for Car Accident Lawsuits in New York
One of the most important rules to understand when considering a lawsuit is the statute of limitations. In New York, you generally have three years from the date of the accident to file a car accident lawsuit. If you do not file within this time period, you may lose your right to seek compensation, no matter how strong your case might be. The three-year period is meant to encourage people to take legal action in a reasonable amount of time, while evidence is still available and memories are fresh. However, there can be exceptions in certain situations, such as if a minor was involved in the accident or if the lawsuit is against a government entity.
Steps to Take When Filing a Car Accident Lawsuit
Filing a car accident lawsuit can feel overwhelming, but taking it step-by-step can make the process easier to manage. The first step is usually to gather evidence from the accident. This includes photographs, medical records, police reports, and witness statements. Your lawyer will review this evidence to determine the strength of your case and help calculate the damages you may be entitled to.
Next, your lawyer will file a complaint on your behalf, which is the legal document that begins the lawsuit. This complaint will outline the details of the accident, explain how the other party was negligent, and list the damages you are seeking. After the complaint is filed, the other party will have a chance to respond. In many cases, the response will either deny responsibility or try to minimize the damages.
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The Process of Discovery and Negotiation
After the initial filings, both parties will enter a phase called discovery. Discovery is the stage where both sides gather and exchange information. This can include documents, questions that must be answered under oath, and depositions where witnesses are interviewed under oath. Discovery helps both parties understand the strengths and weaknesses of each other’s cases, which can often lead to settlement discussions. Settlement discussions are common in car accident lawsuits because going to trial can be time-consuming and costly for everyone involved. If both sides can agree on a settlement amount, the case may be resolved without going to court. However, if a fair settlement cannot be reached, the case will proceed to trial.
What to Expect if Your Case Goes to Trial
If your car accident case goes to trial, it is important to understand what to expect. Trials can be unpredictable, and while they provide an opportunity to present your case fully, they also involve a level of uncertainty. During a trial, both sides will present their evidence and witnesses to a judge or jury, who will then make a decision on whether the defendant is liable and, if so, how much compensation should be awarded. Trials can sometimes be lengthy and may require a lot of preparation, but they can also provide a chance for justice if a settlement cannot be reached. Your lawyer will be by your side during this process, helping you present the best case possible and guiding you through each stage.
Factors That Can Affect the Outcome of Your Lawsuit
Several factors can affect the outcome of your car accident lawsuit. One of the most significant factors is the strength of the evidence. Clear evidence that shows how the other party was responsible for the accident can greatly increase your chances of a favorable outcome. The extent of your injuries is another important factor. If your injuries are severe and well-documented, it may be easier to prove that you deserve significant compensation.
Another factor is the amount of insurance coverage available. In some cases, the other driver may have limited insurance coverage, which can limit the amount you can recover. Additionally, New York follows a “comparative negligence” rule. This means that if you are partially at fault for the accident, your compensation may be reduced by the percentage of fault assigned to you. For example, if you are found to be 20 percent at fault, your compensation may be reduced by 20 percent.
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The Importance of Hiring a Lawyer for Your Car Accident Lawsuit
Filing a car accident lawsuit can be challenging without the help of a knowledgeable lawyer. Navigating the legal system and understanding the rules of evidence, deadlines, and procedures can be overwhelming. A lawyer can help you gather the evidence you need, handle the paperwork, and negotiate with the other party on your behalf. If your case goes to trial, a lawyer will also be able to present your case effectively in court and argue for the compensation you deserve.
What Compensation Can You Seek in a Car Accident Lawsuit
When you file a car accident lawsuit in New York, you may be able to seek compensation for a range of damages. These damages can include medical expenses, lost wages, pain and suffering, and property damage. Medical expenses may cover hospital bills, surgeries, physical therapy, and any ongoing medical care related to the accident. Lost wages may include any income you lost while recovering from your injuries, as well as any future earnings you may lose if your injuries prevent you from returning to work. Pain and suffering damages are intended to compensate you for the physical pain, emotional distress, and other non-economic damages you have experienced due to the accident. In some cases, you may also be eligible for punitive damages, which are intended to punish the other party for particularly reckless or harmful behavior.
Verdicts & Settlements
What to Do if the Insurance Company Offers a Settlement
It is common for insurance companies to offer a settlement before a case goes to trial. While it may be tempting to accept the first offer, it is important to make sure that the settlement fully covers your expenses and losses. Insurance companies often try to settle cases quickly and for as little money as possible. If you accept a settlement, you will likely be asked to sign a release that prevents you from pursuing any further claims related to the accident. Before accepting a settlement, it is wise to consult with a lawyer who can review the offer and determine if it is fair. A lawyer can also help negotiate a better settlement if the initial offer is not enough to cover your damages.
Filing a car accident lawsuit in New York can be a complex process that involves strict deadlines, detailed evidence, and negotiations with insurance companies. If you are dealing with the aftermath of a car accident and are considering taking legal action, having the right support can make all the difference. Andrews, Bernstein & Maranto, PLLC is here to guide you through every step of your case and work toward the compensation you deserve. Our team is dedicated to helping accident victims navigate the legal process with confidence. Contact Andrews, Bernstein & Maranto, PLLC today to learn how we can help you protect your rights and secure the compensation you need for a better future.
