Before filing a car accident lawsuit in Bedford-Stuyvesant, you need to understand how New York’s no-fault insurance laws affect your case, what it takes to overcome the “serious injury threshold,” and how long you have to seek compensation, most likely three years.
After confirming you sustained serious injuries or incurred a basic economic loss, you can file a car accident lawsuit rather than only getting damages from your personal injury protection (PIP) insurance. A lawsuit may mean compensation for pain and suffering, in addition to economic damages, so learn whether or not you have a case immediately.
Call the car accident lawyers of The Martello Law Firm at (914) 685-6950 for a free and confidential case evaluation.
What to Know Before Filing a Car Accident Lawsuit in Bedford-Stuyvesant
Not everyone can file a car accident lawsuit in New York because of the no-fault insurance rules in place, so you must learn how these rules affect you.
No-Fault Rules
New York operates within a “no-fault” system for car accidents. Rather than filing a claim with the negligent driver’s liability insurance, victims use their own personal injury protection coverage. If PIP is not enough and the victim’s injuries are very severe, they may be able to sue despite the no-fault rule.
Serious Injury Threshold
Serious injuries automatically give you the right to sue and seek more compensation from the negligent driver and their insurance. By overcoming the serious injury threshold, you can sue for non-economic damages, which are unavailable in PIP payouts.
Statute of Limitations
You must also know the filing deadline for your case, as missing that will bar you from any compensation. Plaintiffs generally have three years to begin lawsuits in New York, sometimes longer when tolling exceptions apply.
FAQs About Car Accidents in Bedford-Stuyvesant
What is a Basic Economic Loss After a Car Accident?
You can overcome New York’s no-fault rule for car accidents by incurring a “basic economic loss,” which means incurring at least $50,000 in medical damages, lost wages, and other economic losses.
What is a Serious Injury from a Car Accident?
A serious injury lets you sue despite New York’s no-fault rules, no matter your damages. The following are considered serious injuries in New York:
- Dismemberment
- Death
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, function, member, or system
- Permanent consequential limitation of use of a body member or organ
- Significant limitation of use of a body function or system
A non-permanent injury that affects daily material acts for 90 of the first 180 days after is also “serious” in New York and warrants litigation.
Do You Have to Call 911 After a Car Accident in Bedford-Stuyvesant?
You have to call 911 if anyone is hurt or killed in a car accident, or if property damage is significant. We can eventually obtain the police report and may use it in your case to find eyewitnesses or gather basic facts.
Do You Need a Lawyer to Get Witness Statements for a Car Accident Case?
Badly injured victims cannot speak to eyewitnesses after crashes and often must rely on experienced attorneys to track down eyewitnesses, interview them, and preserve their statements.
How Much is Your Car Accident Case Worth?
We can estimate the value of your car accident case by considering all medical costs, lost wages, and other economic damages, as well as all the non-economic damages you have incurred because of pain and suffering.
What is the Car Accident Lawsuit Statute of Limitations in Bedford-Stuyvesant?
The statute of limitations for car accident lawsuits in Bedford-Stuyvesant is three years.
Do You Need a Lawyer to Handle Insurance After a Car Crash?
Do not expect your personal injury protection insurance to cover all your damages after an accident, nor should you expect it to have your best interests at heart. We can handle communications with insurance companies so you do not inadvertently assume liability.
Can You Sue if a Driver Hits You as a Pedestrian?
If a driver hits you as a pedestrian, personal injury protection insurance would still be the first resort to cover damages, and you may only file a lawsuit if you incur a basic economic loss or sustain a serious injury.
What Does Your Lawyer Have to Prove in a Car Accident Lawsuit?
To win a lawsuit, our car accident lawyers must prove the following four elements:
- The other driver owed you a duty of care
- The other driver breached their duty of care
- The driver’s breach caused your injuries
- You incurred damages
How Often Do Victims Testify in Car Accident Claims?
Victims often testify when lawsuits go to trial so that they can speak to the jury directly to explain all their damages and the defendant’s negligent conduct.
What is the Most Compensation You Can Get After an Accident?
New York does not cap compensation in personal injury lawsuits, and you stand to recover all the damages you have incurred by filing a lawsuit.
Do You Need a Lawyer to Handle Settlement Negotiations?
Without an attorney to handle settlement negotiations, you might undervalue your damages, settle too quickly, or accept a bad offer.
What Medical Records Do You Need to Sue for Car Accident Injuries?
You need all medical records related to your injuries, including any records from the ambulance ride to the hospital, your emergency room admission, and any extended hospital stays, treatments, and follow-up appointments, all of which we can collect for you.
Is Filing a Car Accident Lawsuit Worth It?
Filing a lawsuit is most likely worth it if you have overwhelming medical expenses, are unable to return to work, and incur other damages because of a crash, like property damage costs, transportation services expenses, and even modifications to your home to accommodate a permanently disabling injury.
Contact Our Bedford-Stuyvesant Car Accident Attorneys Today
Call our car accident lawyers at (914) 685-6950 to discuss your case for free with The Martello Law Firm.
