When To Hire A Lawyer After A Car Accident
Car accidents are quite common in New York as it is the city that never sleeps. Perhaps you have suffered an injury resulting from a car accident; you should seek medical attention without hesitation. However, medical treatments and car repairs are not free of charge. Likewise, you might have to battle emotional trauma for some time after the accident. Therefore, you should seek damages and compensation from the negligent party that caused the accident.
But here’s the tricky thing. Accident victims often stall in making claims before the court. First, you should be aware that there is a time limitation to sue after a car accident in New York. This is known as the statute of limitation.
So let’s hit the ground running on when you should sue after a car accident in New York. You will also learn why you should get a personal injury lawyer to represent your interests.
The Statute Of Limitations on Suing For Car Accidents in New York
The General rule in New York is that accident victims can bring a legal action not later than 3 years after an accident. Within this period, it is expected that such a party would have gathered all pieces of evidence and made a decisive stand to get justice.
Accidents could also be fatal. If your loved one lost their life to a tragic accident, you could sue on their behalf for the proper compensation. But you must make such an application within 2 years that the accident occurred. Whether the accident is fatal or otherwise, you should bear in mind that this time limit starts counting right from the date of the accident.
What If You Don’t Sue Before Expiration Of The 3-Year Period?
You must be wondering what happens if you don’t comply with the 3-year rule. The answer is quite simple. The court will not allow you to claim compensation.
However, the statute of limitation is not always 3 years as several factors apply such as:
- Where government/city is the liable party, think MTA, Transit or Board of Ed as examples. Then the statue is much less.
- Where the victim is a minor in certain circumstances.
What about the Insurance Law 5102(d)?
Insurance Law 5102(d) mandates insurance companies to pay accident victims’ medical expenses. However, the flip side to this law is that it has strict rules for suing for car accidents. Only “Serious Injury” cases are priority according to this law.
Contact a Lawyer Immediately If You Are Involved In New York Car Accident
Indeed, picking a lawyer is a very important decision. While it is customary to take some time to evaluate your options, taking too much time can be detrimental to your case. While you wait to pick a lawyer the other side and/or insurance company is likely gathering information to use against you. Hopefully you gathered indisputable physical evidence at the crash site (photos/videos).
If you are involved in a car accident in New York, you should reach out to a Lawyer to protect your rights. Best part is a New York accident lawyer will only get paid if they get you money for your injuries. So there is no upfront money and the lawyer only gets paid if they can recover money for you.
Award-Winning Personal Injury Lawyer, Vincent C. Loiodice provides free legal consultation on the peculiarity of your case. So, don’t hesitate to reach out today!
