Determining fault or liability in a motor vehicle accident can be complicated depending upon the circumstances of the accident, the state you live in, the actions of the other involved parties, etc. As in all accidents, it is vital to seek medical help as soon as possible, gather all the necessary information at the time of the accident, keep good records and notify your insurance company. Keep in mind that if the police are called to the scene of the accident and assess that the property damage is less than $500, they may not make an accident report.
New York is a no-fault insurance state.
This means that if you are involved in a motor vehicle accident, or are a passenger, pedestrian or bicyclist in New York State who is involved in an accident, you will be reimbursed for medical costs and other damages by your own insurance company regardless of who is responsible for causing the accident.
You have only 30 days from the date of the accident to file an application for no-fault benefits. These benefits include payment for medical bills, prescription drugs, lost wages and transportation to and from medical providers and any other losses that may be incurred because of the accident.
If you want to make a claim against the person you believe is responsible for your injuries and damages, you must reach a ‘no-fault’ threshold, which is determined by the severity of the injuries as defined by New York State law. Proving that you have sustained a serious injury, such as a permanent partial disability, helps you in pursuing a claim for pain and suffering damages.
Jacoby & Meyers, LLP NY provides quality legal representation to every client. Our skilled and professional personal injury lawyers have decades of experience helping tens of thousands of individuals receive the best compensation possible.
Jacoby & Meyers, LLP NY is committed to providing affordable legal representation to those in need and as our client, you will pay no attorney fee until and unless we successfully settle your case or win a verdict in your favor.
A serious car crash can change your entire life in an instant. Because getting back on your feet physically, financially, and emotionally is often tremendously challenging, most attorneys will tell you that the sooner you initiate a personal injury claim for a car accident, the better.
Why you should take the first step sooner rather than later.
As time goes by, memories fade, and important evidence may no longer be available. Every state has their own time limits (statutes of limitations) so it’s always important to begin building your case as soon as possible. As an example, in New York, the statue of limitations for car accident claims is three years.
This means that you have three years from the date of the accident to file a lawsuit. If you fail to file within that time limit, you will not be able to recover compensation.
Understanding what you are entitled to.
In New York, insurance covers medical treatment, lost wages and additional expenses. New York State also has a ‘serious injury’ rule. This rule states that if New York State deems that your injuries are sufficiently serious enough to warrant an exemption from the no-fault rule, you are permitted to sue the party who is to blame for the accident.
These types of injuries include death, bone fractures, dismemberment, permanently damaged organs, members or system, significant disfigurement, terminated pregnancy and any injury that results in an inability to perform the normal activities of daily life for a minimum of three out of six months following the accident.
Holding negligent individuals accountable.
You may not initially understand the severity of your injuries, or realize that you have a viable accident claim. In order to hold the negligent party accountable you should consult with an attorney as soon as possible after a car accident.
Filing a lawsuit, handling medical bills, and collecting evidence is time consuming and can be complicated- but you don’t need to tackle it all on your own. We have effectively representing clients in personal injury claims for decades.
We have a vast array of resources and our attorneys are experienced, knowledgeable, and compassionate. The experienced car accident attorneys at Jacoby & Meyers, LLP have the legal knowledge to determine how to get compensation for your damages. Contact us today.
If you have suffered serious injuries or needed medical attention after a motor vehicle accident, let our experienced car accident attorneys help and guide you. We will work diligently to help you receive the maximum compensation for your injuries.