The car accident statute of limitations in New York depends on whether you plan to bring a personal injury or wrongful death lawsuit. CPLR 214(4) states that you generally have three years from the date of your accident to bring a personal injury lawsuit. However, EPTL 5-4.1 notes that you generally have two years from the date of your loved one’s passing to bring forth a wrongful death lawsuit.
There may be exceptions to these statutes. You may want to consider calling a law firm to determine if certain circumstances in your case grant you additional time to act.
A Lawsuit Can Help You Recover Compensation
You may face numerous losses (financial and otherwise) as a direct result of a car accident. You may even be dealing with the loss of a loved one whose car accident-related injuries proved fatal. To recoup your losses, you may be able to reach an agreement with the liable insurance company. However, for whatever reason, this may not work out.
Some challenges that may be present in recovering compensation from the insurance company include:
- The liable insurance policy does not cover your losses.
- There is difficulty proving who was at fault for the collision.
- There is a dispute regarding the cost of your damages.
- The insurance company does not offer a fair settlement.
You may need to file a personal injury lawsuit to get the compensation you need. A New York car accident lawyer can explain what legal strategies can help promote your case’s outcome. They can also explain how the car accident statute of limitations in New York affects your case.
For a free legal consultation, call 516-358-6900
Your Lawyer Will Complete Your Lawsuit
When you make the decision to go to court, your lawyer will handle as many aspects of your lawsuit as they can.
Their duties may include:
- Gathering all evidence relevant to your case
- Filing your lawsuit
- Collecting documentation of your injuries, symptoms, and medical costs
- Compiling bills, lost income statements, and other proof of your losses
- Completing all legal paperwork necessary to move your lawsuit forward
- Making in-court appearances on your behalf
- Negotiating a settlement with the other party’s legal counsel
- Arguing your case in court, if necessary
Your lawyer will defend your rights from the moment you retain their services. Their goal is to recover fair compensation for you and your family following a car accident.
Recovering Compensation in a New York Car Accident Case
Your lawyer may offer their services on a contingency-fee basis. This means that if they are successful in winning your case, they will get paid a percentage of the award that they recover for you. You will both agree on this percentage at the beginning of your working relationship. In a contingency-fee agreement, if your lawyer cannot recover compensation, then you do not owe them their attorney’s fees.
Some of the losses that you may be looking to recover include:
The cost of emergency transportation services, your medications, and follow-up care are all compensable. Your lawyer can help you keep track of your medical expenses so that you understand what constitutes a fair settlement.
Loss of Income
If you had to miss work due to your injuries (or the loss of a loved one), your lawyer can look at your employment records to determine how much income you lost. You may also be able to recoup the cost of lost tips, employee benefits, and bonuses.
Your car may need extensive repairs following the accident. Your lawyer can review the involved insurance policies to see what coverage options you have.
Pain and Suffering
You may be able to get compensated for the physical and emotional distress of the accident. A lawyer can help you determine this cost.
Call the Law Office of Cohen & Jaffe, LLP Today
Hiring a lawyer after a car accident could grant you the peace of mind knowing that your case is in good hands. It may also take the issue of completing an insurance claim or lawsuit off your shoulders, allowing you to focus on your health and wellbeing.
Call the Law Office of Cohen & Jaffe, LLP today at (516) 358-6900 for more details regarding how we can assist you or a loved one after a car accident in New York. A member of our team can also listen to your situation and explain how New York’s car accident statute of limitations may apply to you.