You should hire an attorney after a car accident in New York if you have serious injuries or a complicated case, such as one with a liability dispute, insurance issues or multiple at-fault parties. A top car accident attorney in Forest Hills, New York can help you seek justice and maximum compensation if you have expensive medical bills, your injuries affect your ability to work or a loved one was killed.
Catastrophic or Fatal Injuries
The severity of your injuries and losses can determine whether you need to hire an attorney to represent you during your New York car accident case. Since New York is a no-fault state, most car accident claims are relatively simple. The injured victim files a claim with his or her own car insurance company and receives financial benefits without having to prove fault.
If a car accident results in severe injuries, such as broken bones, permanent or long-term injuries, debilitation, or wrongful death, it gives the victim the right to file a claim against the person who caused the crash. This type of claim is more complex and may require assistance and representation from a personal injury lawyer.
Since a catastrophic or fatal injury claim may have a high case value due to a lifetime of potential damages, it is important to use an attorney to maximize your settlement or judgment. Otherwise, you may settle for less than you deserve. Without a lawyer, a car insurance provider may convince you to accept a lowball settlement.
Liability Disputes
If your car accident case involves complications, it can be critical to hire an attorney to help you protect your rights. Examples include multiple defendants, liability disputes and the comparative negligence defense.
Under New York’s pure comparative negligence rule, if an injured victim contributed to the car accident, his or her financial recovery will be reduced accordingly. If you are facing accusations of fault or there is a dispute regarding who is financially responsible, a lawyer can help determine and prove liability.
Your attorney can investigate the car accident, interview those involved and eyewitnesses, hire accident reconstruction experts, and collect key evidence to prove fault and protect your financial recovery.
Reckless or Drunk Driving
You may qualify for additional compensation known as punitive damages if the other driver involved in your New York car accident was driving recklessly or crashed into you with malicious intent to harm. Punitive damages can be awarded to punish or penalize a wrongdoer for gross negligence or reckless misconduct.
If your crash involved reckless driving, a drunk driver, excessive speeding or drag racing, assault, road rage, aggressive driving, or vehicular assault, contact an attorney to help you submit a claim for punitive damages in addition to compensation for actual losses.
You Must Take Action Within Three Years
While it is recommended that you speak to an attorney much sooner, you must take legal action within at least three years of the date of your car accident in New York. If you wait longer than this, you will not be able to pursue a case.
Three years is the statute of limitations on general personal injury claims, including automobile accidents, under New York Civil Practice Law & Rules §214. This law requires injured accident victims to commence lawsuits for personal injury or property damage within three years.
It is generally in your best interest to consult with a local attorney as soon as possible after a car accident in New York. A lawyer can immediately go to work on building your injury claim and holding the right party responsible for your wreck.