If you have been injured in a car accident, you are focused on recovery. However, you should also focus on finding legal help.
In New York, minor injuries are covered by your own insurance through their No Fault system. You can only take the other driver to court if the injuries are “serious,” which includes broken bones and disability. Even then, any damages are awarded in accordance with comparative fault – damages are reduced by the amount the court judges you to be responsible for your own injuries. This also applies to out of court settlements.
Because it can be very complex to even work out whether you are legally able to sue in a No Fault state – you should call a Brooklyn personal accident attorney right after the accident. A good lawyer will offer you a free initial consultation to work out whether your case is worth pursuing, and they will not lead you on if it is not.
They will help you seek redress from the other party and their insurance company (as a note, if the other party is uninsured it is often better to seek redress through your own uninsured motorist coverage). Ideally, they will convince the other party to settle out of court, but some cases do go to court – and any such filing has to take place within three years. They will be paid on contingency – out of your winnings – which gives them every motivation to seek the best settlement possible.
If you or a family member have been seriously injured in a car accident in New York that was not your fault, then you should contact a lawyer right away to establish the merits of your case and give you the legal help you need.