If you have been in a car accident, your primary thoughts are probably getting your car repaired and dealing with any injuries. Legal matters often take a back seat – but they should not.
New York is a “no fault” state – which means you cannot bring an action for damages for pain and suffering arising from a motor vehicle accident against the other driver or other responsible party unless the injury is of a particular severity as defined by law. Generally, it needs to involve bone fractures, significant limitation of body function, permanent damage to a limb or organ, disfigurement such as scarring or full disability for 90 days or more. It is important that you speak to a lawyer for guidance as each situation is different and the nuances of the law can be quite complex. A lawyer can determine if you have a viable case.
In New York the No fault insurance coverage does not cover your physical pain and suffering unless your case meets a certain threshold injury. A knowledgeable personal injury attorney practicing in Brooklyn can investigate, analyze and if legally appropriate bring a case for you. It is very important to carefully conduct an investigation as soon after the accident as possible. Evidence must be obtained. The scene may change. Skid marks may disappear. Witnesses may be located shortly after the accident but may not be locatable if time passes.
It is best not to speak to any insurance company before talking to an attorney and becoming aware of your legal rights.
Choose an attorney with experience in dealing with personal injury cases and who has the knowledge needed to help you through the complicated process of pursuing your case.