Car crash in NY: Check these key details

Accidents and on-road mishaps frequently happen on New York roads. This is a no-fault state for car insurance. If you were injured in a crash, you have to turn to your insurer for compensation. Only in certain circumstances can you sue the at-fault driver. One of the first steps you need to take immediately after seeking medical care is calling an attorney. Top names like King Law Firm offer free consultations for potential clients, and you can discuss all details with an attorney with credible experience. Here are some key details that matter for filing car accident claims in New York. 

Deadlines for filing a lawsuit

If you have a valid case against the at-fault driver and want to file a civil lawsuit, you must do so within three years. The statute of limitations in New York allows two years for filing wrongful death lawsuits. In the case of PI lawsuits, the deadline starts from the date of the said crash, while in the case of someone’s death, the clock starts from the date of death. 

Pure comparative fault

If the other party was negligent and entirely responsible for the car accident, you could expect a simple outcome. However, crashes often involve two or more parties at fault, and in NY, the pure comparative fault rule is used to determine the final settlements. If you had a role in triggering the crash, your fault share would determine what you get. For instance, if you were 20% at fault and received $100,000 in the settlement, you can only recover $80,000. The only difference is you can sue the other party in NY even when you are more at fault. 

Call a lawyer soon

A car accident lawyer can do a lot for your case, including – 

  1. Advising you on the worth of your claim
  2. Determining what your damages are worth
  3. Finding evidence and taking witness statements
  4. Negotiating with the other side
  5. Taking the matter to court

Typically, most car accident lawsuits are settled without going to trial, but if your lawyer feels that approaching the court is a good idea to get a higher settlement, they would also do the same. Not all attorneys are trial lawyers, and therefore, we strongly recommend that you choose a firm that you can rely on for their experience and expertise. 

Also, you don’t need to pay a car accident lawyer until you win, which is a big advantage.