Though pedestrians might sustain severe injuries when struck by negligent or reckless drivers, the drivers who cause these accidents may be liable for victims’ damages.
Being a no-fault state, New York requires victims to show evidence of serious injury to file lawsuits against negligent drivers after pedestrian accidents. Confirming you can sue as soon as possible is important because of the serious injury threshold and the statute of limitations, which limits filing to three years from an accident. Once we file your claim, we may negotiate a settlement with the negligent party by leveraging evidence to maximize your financial recovery. To aid with your case, keep seeing medical professionals for as long as necessary, as this will lead to more medical evidence we can use to prove your injuries and damages.
Call The Carrion Law Firm’s Queens pedestrian accident lawyers at (718) 841-0083 to set up a free and confidential case assessment.
How New York’s No-Fault Rules Impact Pedestrian Accidents in Bayside
Some states, including New York, have a no-fault approach to car accidents and insurance. Drivers get personal injury protection (PIP) insurance, which covers them after most accidents, whether injured as drivers, passengers, bicyclists, or pedestrians. Despite this, incurring substantial damages or sustaining certain injuries could qualify you to sue, and our lawyers can confirm this at the start of your case.
Suppose a negligent driver hits you as a pedestrian. In that case, you cannot automatically sue to recover compensation outside what PIP provides and non-economic damages unless you qualify under I.S.C. Law § 5104. That said, because pedestrian accident injuries are often severe, typically resulting in thousands of dollars of medical expenses, many victims meet the threshold by presenting certified medical records or proof of damages.
Deciding When to File Your Bayside Pedestrian Accident Lawsuit
First, we must calculate your filing deadline based on the accident’s date. Barring any tolling exceptions, the final date you can file your lawsuit will be three years from the incident, according to C.V.P. Law § 214(5).
Ideally, our pedestrian accident lawyers would bring your claim sooner than three years, as this can increase your chances of recovery. Victims who delay filing claims might also delay other aspects of case preparation, such as accident reconstruction, eyewitness interviews, and other evidence preservation efforts.
Furthermore, it is important to note that the longer you wait to start your case, the longer you must wait to recover damages. Even after filing, settlement negotiations might take time, or plaintiffs may have to wait for lawsuits to reach court dockets if they proceed with trials. So, waiting any unnecessary amount of time to kickstart your case is inadvisable.
Also, missing the filing deadline, even by a day, would bar you from recovering compensation from a negligent driver unless a tolling exception applies to your case, which is rare for auto accidents involving pedestrians.
Victims suffering from catastrophic injuries might unintentionally delay compensation claims as they prioritize their health, and our attorneys can help victims in these situations start preparing the foundation of their claims as soon as possible.
How to Get the Most Compensation for Pedestrian Accident Injuries in Bayside
To get the most compensation available for injuries due to negligence, our lawyers can carefully analyze settlement offers, ensuring victims only accept fair proposals from at-fault drivers.
Generally, initial offers from negligent drivers are low. Accepting that first offer would end your case, possibly leaving you without total compensation for all necessary damages. Because of this, negotiations are often necessary, during which our lawyers can leverage key evidence, like eyewitness statements confirming the defendant’s negligence or recklessness.
There is no guarantee the opposing side will offer a fair settlement at any point, even after aggressive negotiations take place. Victims always have the option to go to court to recover damages from a jury. While settlement negotiations are informal, trials follow strict procedures, allowing both sides to present their evidence to a jury. Negligent drivers may want to avoid trials at all costs, especially because New York does not cap compensation for any losses, including non-economic damages. So, indicating you are prepared to move forward with a trial could convince the liable party in your case to increase their offers substantially.
What to Do Throughout Your Pedestrian Accident Compensation Claim in Bayside
While we prioritize your financial recovery, you should focus on your physical health and continue to get the appropriate medical treatment. This will lead to medical evidence proving your injuries and your real damages.
After being hit by cars, pedestrian victims may have to stay in the hospital for several days or weeks. During this time, they might undergo diagnostic tests, surgery, or start taking prescription medication. Once discharged, victims might have to return to the hospital regularly for checkups or to satisfy additional steps in their treatment plans.
One of the most helpful things victims can do to aid their financial recoveries is to ensure a complete and accurate medical record. Do not go against doctors’ advice for any reason. For example, if your treating physicians tell you not to return to work for the time being, and you try to, that could undermine your case, especially compensation requests for lost wages.
Consolidating all relevant medical records and bills is a monumental task, particularly when victims suffer severe injuries during accidents, and our attorneys can assist with this so that records do not become disorganized.
In addition to focusing on your physical recovery, tell our lawyers every detail you can remember about the accident, even if you recall some as your case progresses. This sometimes happens when victims sustain head trauma, which is common during pedestrian accidents.
Call Our Bayside Lawyers About Your Recent Accident Today
Call The Carrion Law Firm at (718) 841-0083 for a free case discussion with our pedestrian accident lawyers.