What is the Car Accident Statute of Limitations in New York?
The car accident statute of limitations in New York depends on whether you plan to bring a personal injury or wrongful death lawsuit. CVP §214(4) states that you generally have three years from the date of your accident to bring a personal injury lawsuit. However, EPT §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 your timeframe for bringing a lawsuit.
A Lawsuit Can Help You Recover Compensation for Your Losses After a Car Accident in New York
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, an insurer may undervalue your claim or outright deny it.
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 deserve. A 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.
You Can Recover Multiple Types of Compensation in a New York Car Accident Case
The losses you face after a car accident can be extensive. Your car accident lawyer Long Island NY will explain you the main differences between economic and non-economic damages when estimating the worth of your claim. It is hard to assign a monetary value to some of your losses – loss of consortium, or loss of enjoyment for everyday activities –, but your attorney will do everything they can. The more injury-related documentation you can provide, the better they can estimate the compensation you should pursue in your demand letter. Some of the losses that you may be looking to recover include:
Medical Expenses
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.
Additionally, if you suffered a permanent disability, you may face ongoing medical care costs, such as rehabilitative therapy. We will account for these future medical expenses when calculating your damages.
Lost Wages
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.
Reduced Earning Capacity
For some accident victims, their injuries prevent them from ever returning to work or performing the same duties they once did. This can affect their ability to earn wages in the future, and they may qualify for compensation in the form of reduced earning capacity.
Our lawyers can talk to your doctors to see how your injuries will affect your future and make sure the recovery you seek accounts for this loss.
Property Damage
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 effects of the accident. A lawyer can help you determine this cost by employing a number of methods to assign a dollar value to these non-economic losses.
Loss of Quality of Life
If your injuries prevent you from engaging in the activities you once did, you can also pursue compensation for this.
A Lawyer with Our Firm Can Handle Your Lawsuit to Make Sure You File a Comprehensive, Timely Claim
When you make the decision to go to court, your lawyer will handle the many aspects of your lawsuit.
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.
Our No-Fee Promise to Our Clients
Our lawyers 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. We want you to be able to pursue legal action without worrying about affording representation. Our no-fee promise allows us to begin working on your case immediately at no cost to you.
Call the Attorneys at the Law Office of Cohen & Jaffe, LLP Today
Hiring a lawyer after a car accident could grant you 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 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 and if certain circumstances in your case grant you additional time to act.