Each year, tens of thousands of New Yorkers find themselves in car accidents, leaving many wondering, "Can I sue after this accident?"
The answer isn't always straightforward, especially in a state like New York, which operates under a complex no-fault insurance system. While this system covers basic expenses regardless of fault, it also limits your ability to sue unless the accident meets certain conditions.
If you're reading this, chances are you're dealing with the aftermath of an accident, grappling with pain, mounting medical bills, or even the loss of a loved one.
The legal process can seem daunting, but knowing your rights under New York law is the first step towards reclaiming control of your life.
In this guide, we will walk you through the options available, shedding light on when and how you can pursue further legal action.
For personalized advice and support, contact William Mattar Law Offices at (716) 444-4444 today—your dedicated advocates in navigating New York's legal landscape.
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How William Mattar Law Offices Can Help You
Feeling overwhelmed and unsure of your options? Our team at William Mattar Law Offices is here to guide you through this challenging time and ensure that you receive the compensation and support you deserve.
Here’s how our firm will help:
Expert Guidance Through New York’s No-Fault System
Navigating New York’s complex no-fault insurance laws can be confusing while asserting a claim against the at-fault motorist, especially when dealing with injuries. Our attorneys are well-versed in these laws and can help you understand your rights and options. We’ll assess whether your injuries meet the “serious injury” threshold and advise you on the best course of action, whether that’s pursuing a settlement or filing a lawsuit.
Maximizing Your Compensation
Insurance companies will often try to shortchange you, leaving you with inadequate compensation for your medical bills, lost wages, and other expenses not covered by no-fault insurance. Our attorneys are experienced in negotiating with insurance companies to ensure you receive the maximum compensation possible. We are prepared to take your case to court to advocate for maximum compensation if we cannot reach a fair settlement.
Building a Strong Case
Proving the other driver’s liability is critical to your case’s success. We’ll conduct a thorough investigation, gather evidence, interview witnesses, and work with experts to build a compelling case. Our goal is to clearly demonstrate the other party’s negligence and secure the best possible outcome for you.
Managing the Legal Process
From the moment you contact us, we’ll handle important aspects of your case, so you can focus on your recovery. This includes filing certain paperwork, meeting legal deadlines, and representing you in court if necessary. We keep you informed every step of the way, ensuring you understand the process and feel supported throughout.
What Sets Us Apart
- Experience: Our car accident lawyers are experienced, and know how to help based on the unique circumstances of a particular case.
- Reputation: We are dedicated to our clients, and our track record speaks for itself. Many clients come to us through referrals, a testament to the trust and satisfaction we’ve built over the years.
- Personalized Attention: Every case is unique, and we take the time to understand your specific situation. Our attorneys are accessible, responsive, and committed to providing the personalized attention you need.
When Can You Sue After a Car Accident in New York?
New York’s car accident laws are unique, primarily due to its no-fault insurance system. This system ensures that the no-fault insurance company covers certain basic expenses—like medical bills and lost wages—regardless of who caused the accident, up to certain limits.
Specifically, no-fault coverage in New York generally provides up to $50,000 per person for economic losses, which includes:
- Medical Expenses: Reasonable and necessary medical treatment, including hospital and surgical services, prescriptions, and rehabilitation.
- Lost Wages: Up to 80% of lost earnings, capped at $2,000 per month, for up to three years after the accident.
- Other Expenses: Reasonable transportation costs to medical appointments and other accident-related expenses.
However, this safety net comes with a significant caveat: it limits your ability to sue the other party unless your injuries meet New York’s “serious injury” threshold.
New York Insurance Law § 5102(d) defines a serious injury as a personal injury resulting in death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss or limitation of use of a body organ or member, or a medically determined injury or impairment that prevents the injured person from performing substantially all of the material acts which constitute their usual and customary daily activities for at least 90 days within the 180 days immediately following the accident.
So, if your injuries qualify as “serious” under this law, you can step outside the no-fault system and sue the at-fault driver for additional damages, including pain and suffering, which no-fault insurance does not cover. An experienced attorney can explain the sometimes confusing interplay between no-fault and third-party liability claims.
Things to Consider Before Suing
Insurance Settlements vs. Litigation
In New York, no-fault insurance generally covers your basic economic losses, like medical bills and lost wages, up to a certain limit. But what happens when your expenses exceed this limit? This is where litigation against the at-fault motorist becomes an option.
You might consider suing if:
- No-Fault Coverage is Insufficient: If your insurance payout doesn’t fully cover your losses, especially if your injuries are severe and involve long-term rehabilitation or disability, a lawsuit might be necessary to secure the compensation you need.
- Serious Injury Exception: As previously mentioned, New York law allows you to sue the at-fault driver if your injuries meet the state’s serious injury threshold. If you suffered a serious injury, you can seek compensation for pain and suffering, emotional distress, and other non-economic damages not covered by insurance. An experienced attorney can help you determine whether your injuries qualify.
Statute of Limitations in New York
New York has strict deadlines, known as statutes of limitations, for filing a lawsuit after a car accident. Every situation is unique, and statutes of limitation can vary depending on the unique circumstances. For that reason, it is advisable to contact an attorney as soon as possible so that they can analyze your particular circumstances.
- Personal Injury: You generally have three years from the accident date to file a lawsuit for personal injury.
- Wrongful Death: If a loved one tragically died in a car accident, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death.
- Claims Against Government Entities: If your accident involved a government vehicle or entity, you must file a notice of claim within 90 days and the lawsuit within one year and 90 days.
These are examples of some of the time deadlines you might face after a New York car crash. Failing to meet these deadlines can result in you losing your right to sue, so act promptly and consult with an attorney to ensure you file your case within the deadline.
Am I entitled to make a claim for pain and suffering?
Can I Still Sue?
If your injuries qualify as serious under New York law, you generally can sue the at-fault driver for additional compensation, including non-economic damages like pain and suffering.
The law works this way to prevent the courts from being overwhelmed with minor injury claims and to ensure that only those with significant injuries can seek compensation beyond what no-fault insurance provides.
Steps to Take Before Suing
If you're considering a lawsuit after a car accident in New York, prepare. Ensuring that you have a solid foundation for your case will make all the difference in securing a favorable outcome.
Here are the steps a good lawyer will consider before filing a lawsuit:
Gathering Evidence
The strength of your case depends heavily on the evidence you can present.
From the moment the accident occurs, start collecting and preserving as much information as possible:
- Document the Accident Scene: Gather photos of the vehicles involved, any visible injuries, road conditions, and other relevant details.
- Witness Statements: If there were witnesses to the accident, get their contact information and ask if they’re willing to provide a statement. Witnesses can offer impartial perspectives that support your account of the accident.
- Police Reports: A police report is often a key piece of evidence. In New York, you can request a copy of the accident report from the local police department or the New York Department of Motor Vehicles. This report typically includes the officer’s assessment of the accident.
Documenting Your Injuries
Medical records are critical in proving the extent of your injuries and how they’ve affected your life. Steps worth considering include:
- Initial Medical Treatment: Seek medical attention immediately after the accident if you suspect injury. Some injuries, like whiplash or internal trauma, may not be immediately apparent but can become serious over time.
- Ongoing Treatment: Keep detailed records of all medical treatments, including doctor visits, physical therapy, medications, and any future treatment plans. This documentation helps demonstrate the severity and long-term effects of your injuries.
- Impact on Daily Life: If your injuries have affected your ability to work or perform daily activities, make sure you document this as well. Statements from your employer or a diary of how your injuries have impacted your life can support claims for lost wages and other damages.
The Litigation Process
If negotiations with the at-fault driver’s insurance company fail to result in a fair settlement, or if your case involves significant injuries or complex legal issues, you may need to proceed with litigation.
Here’s what this might entail:
- Filing a Complaint: The process begins when you file a legal complaint outlining your case against the defendant. Someone must formally serve the complaint to the defendant, who then has 20 to 30 days to respond.
- Discovery and Pretrial Motions: During discovery, both sides gather evidence through depositions, and document requests. Any party may file pretrial motions to resolve certain legal issues or dismiss parts of the case before trial.
- Negotiations and Settlement Attempts: Settlement discussions can continue throughout the litigation process, even as the case moves closer to trial. Courts often encourage these to avoid lengthy trials.
- Trial and Judgment: If all parties cannot reach a settlement, the case goes to trial. Both sides present evidence and arguments, and a judge or jury will decide on liability and damages.
- Post-Trial Motions and Appeals: After the trial, either party can request a new trial or appeal the decision. Appeals involve a review by a higher court, which can prolong the process.
Get the Justice You Deserve
Need legal guidance? Don’t wait–delaying action after a car accident can have serious consequences. Evidence can fade, and legal deadlines can slip by, jeopardizing your chance for fair compensation.
Our team is standing by ready to fight for your rights. Reach out to us today at (716) 444-4444 for a free consultation and take the first step toward getting maximum compensation.