When Is It Too Late To Get A Lawyer For A Car Accident?

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No one is ever prepared for a car accident. In a matter of seconds, you have gone from just going about your day to having your life drastically changed. You may have been transported to an emergency room and faced medical intervention to deal with your injuries. The days and weeks have slipped by, and you finally realized that while you have been focused on your healing, doctor’s visits, and medical care, you have lost critical time away from work, and bills are piling up.

Car accidents not only create mental and physical trauma, but they can leave you financially overwhelmed, not knowing what to do or where to turn. While you have counted on your insurance to take care of mounting bills, the bills are now surpassing your benefits. While you feel this is not fair — the other driver was at fault for the accident — you are afraid you will have to shoulder the bills that keep drifting in, day after day. This may be the very first time that you’ve considered hiring a lawyer, but is it now too late?

Injury Attorney Explains the Statute of Limitations for Filing a Personal Injury Lawsuit in a Car Accident Case

It’s not too late to hire a New York personal injury attorney unless the statute of limitations has run out. In the state of New York, the statute of limitations for filing a lawsuit after a car accident is three years from the date of the accident, unless there has been a fatality. In this case, family members of the deceased party may file a wrongful death lawsuit, and the wrongful death statute of limitations is two years from the date of the fatality. If you try to file a personal injury lawsuit after the statute of limitations has expired, the court most probably will refuse to hear it.

While that may seem like a significant amount of time, you already know how weeks can turn into months. Insurance negotiations and litigation take a great deal of time. And the longer it takes, the more possible that important evidence may have been lost and witnesses may have forgotten what they saw or can’t be located.

Hire a Skilled New York Car Accident Lawyer is Your Best Resource

When you have been injured in a car accident in New York, your best resource is to have a skilled New York personal injury lawyer advocating for you regardless of whether you are considering a lawsuit or not. Insurance companies will often deny or shortchange claims and offer insufficient settlements. An experienced personal injury attorney in New York will understand exactly what you are entitled to and hold your insurance company accountable. If negotiations don’t lead to a fair settlement, your attorney can take the matter to court.

Personal Injury Attorney Samantha Kucher Explains No-Fault Insurance and Accountability

In New York, we have no-fault insurance laws. And while they are advantageous in some respects, they are limited in others. If your accident was wholly or partially the fault of the other driver, that person can also be held accountable if your injuries were substantial. If you have been injured in a car accident, you will want to get the guidance of an experienced New York car accident attorney as soon as possible so you can understand your legal rights, responsibilities, and options.

What to do after a New York Car Accident

Your safety should be your top priority at the accident scene. If possible, move your vehicle to a safe place. Do not move if you are too injured. Get the police involved and start documenting the crash scene as soon as possible. You can use video and photo evidence to support your case. Talk to the police without incriminating yourself. Answer any questions honestly, and don’t over-explain anything.

You should see a doctor within 48-hours if you haven’t been taken to the hospital immediately after the accident. Only a medical professional can diagnose injuries. You could end up having complications during recovery if you delay seeing a doctor. This could also be used by an insurance company to prove that your injuries are not as severe as you think. Seek a doctor for a diagnosis and treatment plan. Follow it. This is the best way to heal both financially and physically.

You may wonder how you are supposed to pay the mounting medical bills and repair costs. New York law requires that all drivers have Personal Injury Protection (PIP), which provides coverage for up to $50,000 in financial losses and medical expenses. You can only sue another person for damages if you have reached the $50,000 threshold.

It is important to remember that your accident must be reported to your PIP insurance company within 30 days. If you wait too long, it can cause problems in your search for coverage for your economic and medical damages.

Don’t wait. Call the skilled New York accident injury lawyers at Kucher Law. We have dedicated our careers to getting injured parties the compensation and legal justice they deserve. Call us at (929) 274-8000, or contact us through our website contact page. You don’t have to face this alone.

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