How Much Can I Sue for After a Car Accident in New York State?

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After being hurt in car accident many people feel scared and confused about what they should do next.  To make matters worse there are many people that will try to take advantage of you when you are not thinking clearly after being hurt.

To begin with, avoid anyone that approaches you at the scene of the accident and attempts to get you to go to their clinic or their lawyer.  What these people are doing is clearly illegal.  New York State Lawmakers wanted to protect accident victims who are not thinking clearly after an accident from people who are looking to take advantage of them for financial gain.  Additionally, many of the doctors and lawyers involved in soliciting accident victims will end up losing their license or even go to jail.

After the accident has happened and you are feeling pain, the first thing you should do is get medical treatment immediately.  Many people who are hurt will either go to the Emergency Room of the closest hospital or to a doctor they trust to get proper treatment.

Next, after you have received medical care and you are still suffering from an injury you may want to consult a Yonkers personal injury lawyer and find out what your options are and if you have a case.  The law is very strict regarding time limits for filing a claim.  In car accident cases, you only have thirty days to file a claim to ensure that all of your medical benefits will be paid for.

New York State has set up a complicated process to for your medical bills to be covered under your insurance policy called “no fault insurance”  This means that your medical bills are supposed to be paid regardless of fault. The problem is that there are many rules and regulations under this no fault system with strict time limits and billing procedures. Many people need the help of a lawyer to guide them with this system.  Additionally, many doctors do not know how to handle the no fault system while at the same time provide you with the care to help you get better.  Often times, your lawyer can recommend a doctor that knows how to simultaneously deal with the no fault system while providing great medical care.

Finally, after suffering an injury now you will probably want to know if you are entitled to monetary compensation.  Many people think just because they had an accident, now they will automatically win money, this is not the case.  I like to explain to my clients that there are two parts to every case, first there is liability (fault)  and next there are damages (injuries).  First, your lawyer will have to assess who is at fault for the accident.  If the operator of the vehicle that caused your accident was at fault then you can move forward to showing what your damages (injuries) are.  In order to win your car accident case on damages, you have to prove that you have sustained a “serious” injury.  If your Yonkers car accident lawyer is able to prove that your injuries are serious enough in court now you will be entitled to be compensated.
The bottom line is that you should always consult with lawyer you can trust after you are seriously injured in a car accident so that they can guide you through the process and advise you if you are entitled to compensation.

A  question that clients sometimes ask after a car accident is:  How much are we suing for?

In New York State, lawyers are not required to put limits on lawsuits. Often times, the media will hype up lawsuit news pieces by attaching a giant number to a story. The personal injury lawyers who put these astronomical numbers in their lawsuits are doing their client a disservice. When a Westchester car accident lawyer, for example, claims he/she is suing for $100 million dollars it creates a false expectation in the client’s mind that they will actually get that amount.

On the other hand, lawyers are not required to limit themselves in the Summons and Complaint to a fixed dollar amount as this could prejudice the client’s case. Lawsuits can often take years to resolve, and during that time, the injury could get worse, a client could end up needing a serious surgery or may never be able to work again. All of these factors could end up affecting the value of the case.

To answer the question, personal injury lawsuits are very complicated and your Westchester car accident lawyer will consider the value based on many factors including but not limited to the liability circumstances, the severity of the injury, the venue of the case and the insurance policy limits of the vehicle(s) responsible for the accident.

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