Considering how many vehicles are on the streets of New York every day, it is no wonder that car accidents are frequent occurrences. If you are hurt in an accident, get help immediately and call a lawyer to learn how you can get monetary compensation.
Your lawsuit begins with a call to a qualified lawyer who can navigate insurance claims and prepare your case. If insurance does not cover all your damages, we can draft and file a formal complaint against the other driver to initiate a lawsuit. Your claims may be worth substantial compensation, depending on how badly you are injured and other losses you may have incurred. Your attorney can help you determine exactly what your claims are worth.
Contact our car accident lawyers at The Martello Law Firm by calling (914) 685-6950 and ask for a free, confidential case review to get started.
How Do I Begin a Lawsuit for a Car Accident in New York City?
Starting a lawsuit is not as simple as movies and TV make it out to be. You should get help from a qualified lawyer as soon as possible.
Call a Lawyer
It is best to start your lawsuit with help from a lawyer. Your attorney can review your accident, identify the important information and details, and begin building your case. This may involve identifying damages, evaluating costs, and devising effective legal strategies.
No-Fault Insurance and “Serious Injury” Rules
Before we can file a lawsuit, our car accident attorneys may need to help you navigate the insurance process. Generally, courts want plaintiffs to exhaust their other legal options for compensation before taking matters to court. This includes filing insurance claims.
New York is a no-fault car insurance state, and you can file a claim with your own personal injury protection (PIP) coverage. You may also file a claim with the other driver’s liability coverage. If your damages are still not adequately covered, we may pursue a lawsuit, but only if you have a “serious injury” as defined under New York law.
Draft and File a Formal Complaint
Your lawsuit begins when we file a formal complaint with the court against the defendant. The complaint is a formal document that must describe how the accident happened, why we believe the defendant is responsible, your damages, and at least some of our evidence. While we do not need to present all our evidence in the complaint, we must show that enough evidence exists to sustain a valid cause of action.
How Do I Know What My Car Accident Claims Are Worth?
Your claims may be worth more than you think, and it may be necessary to review your damages with an attorney to determine how much compensation you truly deserve.
Monetary Costs
Medical bills and expensive vehicle repair bills are common, but you may incur other expenses, too. For example, if you must travel a long way to receive medical care, you may claim the cost of traveling, including food, lodging, and fuel. You can even claim the income you lose if your injuries keep you from returning to work.
Pain and Suffering
Car accidents can be quite painful for injured drivers, and you may claim non-economic damages related to your pain and suffering. Bodily pain from your injuries, psychological trauma from the accident, humiliation, the loss of enjoyment of your life, and various other personal experiences may be worth substantial compensation.
Duration of Injuries
How long your injuries last may also influence the value of your claims. When pain and suffering lasts for a long time, damages should be higher, and compensation should reflect the magnitude of your suffering. Permanent injuries may lead to very high damages.
FAQs About New York City Car Accidents
Should I Get a Lawyer After Being Injured in a Car Accident?
Yes. Whether you are filing insurance claims or preparing to file a lawsuit, you may need serious legal help to get compensation that is fair and just.
How Do I File an Insurance Claim After a Car Accident in New York City?
In New York, drivers typically file no-fault claims with their personal injury protection (PIP) coverage first. You may also file a third-party claim with the other driver’s liability coverage if your PIP coverage is insufficient. Keep in mind, third-party claims will require that you prove fault.
Am I Allowed to Sue After a Car Accident?
Yes, but only if specific conditions are met. IN New York, drivers must prove that they have a “serious injury” before they can file a car accident lawsuit. The law describes specific injuries that satisfy this condition, which you should discuss with your lawyer.
What Damages Should I Claim in a Car Accident Case?
You should claim damages that represent the economic and non-economic costs of the car accident. This may include medical bills, vehicle repair costs, lost wages, emotional distress, physical pain, and more.
How Long Do I Have to Sue for a Car Accident in New York City?
In New York, the statute of limitations gives plaintiffs only 3 years from when the accident occurs to file their claims in court.
Can I Sue if I Caused the Car Accident?
Yes. If you are partially responsible for the accident, you may still sue, but your damages may be reduced according to New York’s pure comparative negligence law. If you are 10% responsible, your damages may be reduced by 10%.
How Do I Know What My Car Accident Claims Are Worth?
In general, the more severe your injuries are, and the more money the accident costs you, the more valuable your claims should be. The duration of your injuries may also be a significant factor.
Do I Need to Get the Police Involved After a Car Accident in New York City?
Yes. If your accident is serious, you may be required to contact the police. Even if your accident is relatively minor, you should still report it to the authorities. Having an official police report about the accident may be important when you file an insurance claim.
Do I Need a Copy of the Police Report for My Car Accident Case?
Possibly. The insurance company may request a copy of the official police report from you. If the accident is serious, the insurance company may require the report to process the claim. In a lawsuit, police reports are inadmissible as evidence. However, they may still help you track down evidence uncovered by the police.
When Will I Receive Monetary Compensation for a Car Accident?
It may take time to receive compensation after a successful insurance claim or lawsuit. While insurance companies may pay claims within a few weeks, lawsuits may take longer. It may take a few weeks to a couple of months for you to receive the funds.
Our New York City Car Accident Lawyers Are Here to Help
Contact our car accident lawyers at The Martello Law Firm by calling (914) 685-6950 and ask for a free, confidential case review to get started.
