Can You Sue for a Car Accident in NYC?

Each state has particular laws regarding lawsuits for injuries from a motor vehicle accident. Hiring an NYC car accident lawyer should be the first step after getting medical attention from a crash. You’ll need legal support not only immediately after the accident, but also for months or even years after the event. 

Seeking fair monetary compensation for damages to you and your property is handled correctly by a legal professional who has experience dealing with insurance companies.

An attorney will know what laws apply to your particular case and can present the best case in your favor. 

New York Is a “No-Fault” Car Accident State

Before filing a lawsuit, it is wise to familiarize yourself with the state’s statutes regarding car accidents. New York is a “no-fault” car accident state. This means that the judge will not distinguish between the driver who followed the law and the driver who caused the accident. 

This law puts a limit on when you can or cannot file a lawsuit for physical injuries and damage to property. Injuries, of course, do not include pain and suffering the person faces after the crash. 

As opposed to finding fault and making that party pay for the damages, the state of New York mandates that the insurance company of each party must pay up to $50,000 for damages caused by the accident. This is the exact reason why all drivers in the state need liability insurance policies with at least $50,000 in no-fault coverage.

Why Contact a NYC Car Accident Lawyer?

New York is a state where personal injury and car accident laws are complex. Although some parts of the no-fault law are easy to understand, there are many cases where a legal professional will be able to handle the case so that it yields maximum compensation. Knowing all your legal options and allowing a legal team to represent you and your family will allow you to make a wise decision and not be rushed into settlements that will not fully benefit you.

Despite the “no-fault” law in New York, where both parties’ insurance companies cover the damages, there are still situations where you may be able to file a lawsuit following a traffic accident. A lawyer will be able to advise the best course of action after evaluating the unique scenario. 

Moreover, there are other good reasons for hiring an NYC car accident lawyer. First, your injuries may be much more serious than you think. Internal injuries are often ignored because they present no major visible symptoms. These can cause a major disruption to your life later down the road. 

Another good reason is that you cannot probably establish your future medical bills on your own. A legal professional has the necessary experience and negotiation skills to reach the most beneficial settlement. He/she will be able to recommend you settle with the other party involved or take the case to court. 

Compensation goes far beyond immediate injuries and property damages. Your legal team will investigate the accident fully and determine what other damages you are entitled to. 

You may be able to receive compensation for the following:

  • Current and future medical expenses
  • Adaptive assistive devices
  • Decreased earning potential and lost wages
  • Any out-of-pocket expenses
  • Emotional distress
  • Changes in quality of life
  • Other pain and suffering

Litigate or Mediate?

It is important to review the facts of your case with your NYC car accident attorney to decide whether to litigate or mediate. In the state of New York, you have the right to sue if your damages were above $50,000; if your injuries were serious, you seek compensation for property damage and if other drivers committed criminal offenses such as driving under the influence of drugs or alcohol.

Your attorney will gather all evidence about the case to determine the best course of action. He/she will decide to enter mediation or if the case needs to go to trial. Your legal team will help you and your family at each step of the way. The road to recovery can be challenging, having the monetary compensation to back you up makes a huge difference in the lives of victims.

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