Long Island is densely populated, and cars are the primary mode of transportation for many residents. Accordingly, accidents are somewhat common, and drivers are often injured. If you find yourself in such a position, an attorney can help you get fair financial compensation.
To sue for your injuries and damages, you may first need to navigate New York’s no-fault insurance requirements. You must also prove that you experienced a “serious injury” before you can sue. Once we begin your case, we must quickly collect evidence to support your claims. Otherwise, the evidence we need might become lost. We may focus on gathering photos and videos from the accident scene, interviewing witnesses, and reviewing medical records related to your injuries.
Call (914) 685-6950 to get a free, private case evaluation from our car accident attorneys at The Martello Law Firm.
How Do I Sue for a Car Accident on Long Island?
You may sue for injuries from a car accident, but starting your case may be more challenging than you realize, and you should contact an attorney for support.
No-Fault Insurance
Courts often require plaintiffs to exhaust all other legal avenues for compensation before filing a lawsuit. In New York, drivers typically must file no-fault insurance claims. These are first-party claims with your own personal injury protection (PIP) coverage.
“Serious Injury” Threshold
New York law also requires injured drivers to show that they have experienced a “serious injury” as defined by law. This includes any of the following:
- Death
- Significant disfigurement
- Dismemberment
- Fractures
- Loss of a fetus
- Loss or permanent limitations of bodily systems or functions
- Any non-permanent, medically diagnosed injury that substantially prevents you from engaging in normal daily chores for at least 90 days out of the 180 days following the accident
Statute of Limitations
To successfully file your lawsuit, our car accident lawyers must file the case within the time established by the statute of limitations. In New York, injury claims for things like car accidents must be filed no later than 3 years after the injuries first occurred.
What Evidence Do I Need for a Car Accident Lawsuit?
Evidence may be anything that tends to prove your claims one way or the other and adheres to the New York Rules of Evidence. Whatever we have, we must have enough to prove your claims by a preponderance of the evidence.
Photos and Video Footage
Drivers often take photos of the accident scene while waiting for help to arrive. Your photos may preserve important details about the scene that we can use to prove your claims. Video evidence may also be available. Security cameras and even dashcams in your car or others may be extremely valuable.
Witness Testimony
Other drivers, passengers, and pedestrians who passed by the accident may be able to testify as to what they saw. The police may have interviewed witnesses during their investigation and may include their names in the police report. Still, it is important to exchange information with the other driver and with others at the scene, in case you need them as witnesses later.
Medical Records and Evidence of Damages
The jury will not simply take your word about your injuries. We may need copies of your medical records to prove that your injuries existed and how bad they were. Remember, your injuries do not have to be severe. Even if you have fully recovered by the time of the trial, you may still sue for your injuries.
FAQs About Car Accident Cases on Long Island
How Does Insurance Affect Car Accidents on Long Island?
In New York, drivers typically must file claims with their own no-fault insurance policies. While this can be helpful, your damages are limited by the policy terms. If your damages exceed these terms, your attorney can help you take further legal action.
Can I Sue for a Car Accident on Long Island?
Yes, but only if specific conditions are satisfied. More specifically, you must prove that you have experienced a “serious injury” as defined by I.S.C. Law § 5102(d).
How Do I Show I Suffered “Serious Injuries” in a Car Accident?
Serious injuries include a variety of long-term or permanent injuries, and you may prove these injuries by presenting evidence from your medical records. In especially complex cases, medical professionals may review your injuries and medical records and offer expert testimony in the courtroom.
When Should I Begin a Car Accident Lawsuit?
In New York, personal injury lawsuits, including those arising from car accidents, must be filed within 3 years. This time limit starts on the day of your accident, so it is best to speak to an attorney as soon as possible.
Where Do I Find Evidence to Support My Car Accident Claims?
Evidence may come from almost anywhere, but it is often found at the accident scene. Photos and videos recorded during or shortly after the crash may be helpful. We should also talk to witnesses to see if they can offer valuable testimony on your behalf.
Are Car Accident Cases Worth a Lot of Compensation?
Sometimes, yes. Each case is different, but some car accident cases are worth substantial compensation. The more serious your injuries are, and the greater your claim for damages, the more compensation you may recover.
Should I Hire a Lawyer After a Car Accident?
Yes. Although car accident cases are rather common, they are far from simple or easy. It is best to start your case with the assistance of a qualified attorney. Your attorney should remain with you throughout the case, guiding you every step of the way.
Should I Call the Police After a Car Accident?
Yes. Major collisions must always be reported to the police so they can investigate and issue a formal report. Even minor accidents should be reported, even if the other driver tries to convince you not to get the authorities involved.
What Do I Do if the Other Driver Fled the Accident Scene?
Call the police immediately if you are the victim of a hit and run accident. Not only can the police investigate to find the other driver so you can sue them, but the other driver may also face serious criminal charges.
What if Multiple Drivers Are Involved in My Car Accident Case?
You may sue as many drivers as you believe are necessary to get justice and fair compensation. Multi-vehicle accidents are common, and you may sue several drivers for damages. However, this may become complicated, as the other drivers may also sue you and one another, resulting in an especially complex case.
Review Your Case with Our Long Island Car Accident Lawyers
Call (914) 685-6950 to get a free, private case evaluation from our car accident attorneys at The Martello Law Firm.
