Car accidents in Bayside are all too common. What is uncommon is the struggle victims have to get the compensation they need from the negligent driver.
Our lawyers are here to help you understand your rights and how to hold the other person accountable. Your own insurance will help cover financial expenses like necessary medical costs and lost wages. However, it will not cover your non-economic damages and only compensate up to 80% of your lost earnings. Insurance rules can also limit your ability to sue, but our team can overcome this by showing your injuries are serious. While assessing your medical records, we will also determine how much time you have to file the claim, which can be as short as a year and a half if the other driver was a city employee.
Call The Carrion Law Firm at (718) 841-0083 today to receive your free case review with our Queens, NY car accident lawyers.
When and How to File a Lawsuit After a Car Accident in Bayside, Queens
You might be surprised to learn that you cannot immediately file a lawsuit against the negligent driver who injured you. The state’s no-fault insurance policies, unfortunately, put up a few hurdles before you can do so. No-fault insurance will help cover medical expenses and some of your lost earnings without proving negligence beforehand, but it is not designed to cover certain costs, like your non-economic damages. Our car accident lawyers can explain how you can cover all your damages in a lawsuit and gather evidence to show that your injuries are serious. Once we determine that you have a right to file a claim, we can verify how much time to file it.
How to Recover Damages in a Lawsuit
In an effort to reduce the number of lawsuits, I.S.C. Law § 5104(a) does not allow vehicle accident victims to recover non-economic damages nor losses beyond their basic economic damages unless they suffer “serious injuries.” Without a showing of serious injuries, you cannot file a lawsuit. What injuries are considered “serious” are not based on subjective opinions but are specifically defined by § 5102(d).
The list includes clearly serious injuries like death, dismemberment, miscarriage, and significant disfigurement. It also includes injuries that result in permanent loss of the use of a body organ, function, member, or system, as well as permanent consequential limitation in using a body system or function. Non-permanent injuries can also qualify as “serious” if medical evidence shows that they prevent the victim from performing most of their material daily activities for no less than 90 days during the following first 180 days from the crash. Broken bones are also considered serious.
It cannot be overstated that you need to get medical care after your accident and continue with it since you must submit evidence showing your necessary medical treatment to meet the above threshold. Hospital, surgical, dental, X-ray, and physical therapy records can also be used to substantiate your claims. Our team will gather and organize your medical records so the court does not dismiss your claim.
When to File a Lawsuit
We must also file your lawsuit before the “statute of limitations” period closes, or the court will dismiss it, regardless of the seriousness of your injuries. New York’s limitations period under C.V.P. Law § 214(5) is just three years and starts the instant the other person negligently injures you. Three years is not nearly as much time as it sounds, especially if you are recovering from serious injuries. If it looks like you cannot file your claim in time, we can explore some exceptions that will “toll” the statute of limitations. Tolling temporarily pauses the limitations period but only applies to highly specific situations.
For example, the time will be tolled if the other driver gives you a false name when exchanging information or leaves NY and does not return for a minimum of four months, according to § 207. Children injured in car accidents will also have the limitations period tolled since “infants” lack the legal capacity to file a claim. Under § 208(a), the time limit will be extended to three years from a victim’s 18th birthday. This law also applies to those under a disability because of “insanity,” the law’s outdated term for physical and mental disabilities that bar victims from filing a claim. These individuals have three years to file after the disability ceases to prevent them from doing so.
When to File a Lawsuit Against the Government
Some Bayside car accidents are caused by drivers working for the city or borough. However, government drivers are shielded from lawsuits by “sovereign liability.” Instead, we must file your claims against the municipality that employs them. Before filing your lawsuit, though, we must meet the notice of claim requirement under G.M.U. Law § 50-e(1)(a). The notice must be in writing and filed within 90 days of the accident. It should include the nature of your claim, when and where it occurred, how it happened, and the damages and injuries claimed.
Assuming the notice was properly served to the municipal agency, we can file a complaint if at least 30 days have passed without a response or the notice is refused, as per § 50-i(1). However, you will only have a total of one year and 90 days from the accident to file a lawsuit unless it is a wrongful death lawsuit, in which case you will have two years after the death to file.
How to Get a Police Report for a Car Accident Case in Bayside, Queens
According to V.A.T. Law § 605, you must report your accident to the NYPD if it involves injury, death, or property damage over $1,000. The NYPD will draft a report that includes details about the crash and the other driver’s information, which you can conveniently get online. You can also get a copy free of charge by visiting the 111th Precinct.
Our Bayside, Queens Car Accident Lawyers Are Ready to Help You Recover the Compensation You Deserve
For a free analysis of your case with our car accident attorneys, contact The Carrion Law Firm at (718) 841-0083.