Garden City Car Accident Lawyer
Car accidents cause serious injuries that can lead to costly medical care, missed time at work, and difficult pain and suffering for victims. If a negligent or reckless driver caused the accident, the victim may be able to pursue compensation through a lawsuit and recover compensation for these and other harms.
To do this, you may need to demonstrate that your injuries qualify as an exception to New York’s no-fault car accident insurance laws, which require victims with less serious injuries to file insurance claims. Insurance claims will compensate the victim, but they are limited by policy terms and will not address the victim’s pain and suffering, so it is important to know when this option is available to you.
If you have questions, we can help you get answers. When you call (631) 910-7493 to speak to our car accident lawyers at The Carrion Law Firm, you can get your first-time case assessment free of charge.
Filing a Lawsuit for a Car Accident in Garden City
To win compensation in a court case after sustaining car accident injuries in Garden City, you must be able to show that another driver’s negligence caused the accident and that you sustained serious injuries as a result. These are important for different reasons.
Proving Negligence
To win a lawsuit for car accident injuries, you must demonstrate that another driver breached their duty of care to you by driving negligently. In other words, you must show that the other driver behaved unreasonably behind the wheel or violated some traffic law. Examples of these types of behaviors include speeding, running red lights, failing to account for weather conditions, and drunk or distracted driving, just to name a few.
It is not enough to show that the driver was negligent. You must also demonstrate the causal relationship between the driver’s negligence and the accident. If a driver ran a red light two minutes before the accident, it is unlikely that this negligent behavior was the cause of the accident.
Finally, you should be able to demonstrate that you sustained injuries because of the accident. Though this may seem straightforward, many potential car accident lawsuits fail every year because the victim did not take the time to establish a medical record. This is why it is so crucial that you get medical attention as soon as possible after an accident, even if you believe that your medical needs are not immediate.
“Serious” Injury
New York follows a unique “no-fault” car accident injury rule. Under this rule, many car accident injury victims are prevented from filing a lawsuit. Instead, they must seek compensation through their own insurer, even if another driver was at fault for causing the accident. If you are filing an insurance claim with your own provider, you will not have to prove that the other driver was negligent, but you also will not be eligible to receive the same value of monetary remedy, as some of the forms of compensation available in a lawsuit are not available through insurance.
However, there is an exception that allows some car accident injury victims to step outside of the state’s no-fault rule if they can show that their injuries are “serious.” Of course, all car accident injuries should be taken seriously, but this specifically refers to a statutorily defined range of particularly debilitating or impactful injuries.
Generally, the deciding criteria that New York law uses is the 90/180 rule. Under this rule, a condition will be considered “serious” if it materially affects a victim’s abilities for at least 90 of the 180 days that immediately follow the accident. If you can show that your injury caused significant disfigurement or temporary or permanent limitations in the use of a body part, system, or bodily function, your condition will meet the state’s “seriousness” threshold.
Gathering Evidence to Prove Your Claims in a Garden City Car Accident Case
We have to support your claims with the strongest evidence we can find. While most people think of evidence as something that comes up in court, we actually have to have evidence at the very beginning of the case. At least some evidence supporting your claims must be included in the initial complaint so the court can see that you have a valid cause of action and that you are not filing baseless claims.
In many cases, one of the most important pieces of evidence is the plaintiff’s testimony. There might be certain facts and details that only you can testify about. For example, if no one besides the defendant was involved in the crash, there might be no other witnesses, and only you can testify about what you saw. You can testify about your injuries, where the defendant struck your vehicle, how fast they appeared to be going, and many other important details. You can also testify about certain non-economic damages that are unique to you, like pain and suffering.
If possible, take as many pictures of the accident scene as possible. This is not uncommon, and many drivers take pictures to send to insurance companies as proof of their damages. Your photos might also be used as evidence in court. Photographs from the crash, security camera footage, and dashcam videos often preserve details that are lost when law enforcement clears away the scene. If you took pictures or have videos, review them with your lawyer right away.
We also need evidence of your damages. If we cannot prove the extent of certain damages, the jury might choose not to compensate them. We might need records of injuries and costs, including vehicle repair bills, medical records, and your own testimony. If you suffered greatly because of your injuries, we might need you to testify about it to prove your damages in court.
Benefits of a Lawsuit vs. an Insurance Claim for a Garden City Car Accident
When you file a claim with your car insurance provider, you can recover compensation for your medical expenses, repair or replacement value of damaged property, and lost income while recuperating from your injuries. However, your insurer will only cover up to the limit allowed by your policy. Different policies have varying limits, but you may find that your recovery will be cut short if you only choose to file an insurance claim.
A lawsuit, on the other hand, provides compensation for all of these categories without being hamstrung by policy limits. If your serious condition warrants a serious amount of monetary recovery, you deserve to get it, especially when another driver is responsible.
Additionally, lawsuits provide damages for what insurance claims cannot – the personal and emotional pain and suffering that accompanies severe car accident injuries. Victims may experience chronic pain or the onset of psychological conditions such as depression, anxiety, or post-traumatic stress disorder. These conditions can impact a victim’s enjoyment of life, personal relationships, and ability to engage in their favorite activities or pastimes.
Insurance does not provide for these harms because they are not financial in nature, but that does not mean they are any less real to the victim. The best way to get an idea of how much more you stand to gain through a lawsuit as opposed to an insurance claim is to bring your case to the attention of one of our seasoned car accident lawyers.
How Long After a Vehicle Collision Can You File a Case in Court in Garden City?
After a bad auto accident, injured drivers and passengers might need time to put the pieces of their lives back together. You might need time to recover from injuries and deal with psychological trauma. If you can no longer work, you need time to figure out how you will support yourself until you can work again. While taking time is reasonable, time is not unlimited. If you wait too long to file your civil case, you might be unable to file the case at all.
The statute of limitations is a law that imposes a strict time limit on civil claims. Different statutes may apply to different kinds of cases, and limitations periods vary. In New York, the statute of limitations for personal injury claims, such as those related to car accidents, can be found under C.V.P. Law § 214. Plaintiffs have a mere 3 years from the date of the collision to file a civil case. If this limitation period ends and nothing has been filed, you might be unable ever to file your claim.
If you believe time is running out and you have not filed anything related to your case, ask your lawyer about tolling options. Tolling allows a plaintiff to pause the clock counting down the limitation period, effectively buying more time, but only for very special reasons. For example, if you were a teenage driver injured in an accident, taking legal action on your own might be difficult or impossible. As such, minor plaintiffs may have the statute of limitations tolled until they turn 18. This means your 3-year limitation does not even start until your 18th birthday.
Why You Should Hire an Experienced Car Accident Attorney for Your Case in Garden City
Some people resist the idea of hiring an attorney. This is often rooted in misconceptions about legal fees and the types of services provided by attorneys. Rest assured that attorneys work extensively on civil injury claims and are worth their weight in gold. Your lawyer can help you begin your case, navigate the complex and often unforgiving legal system, and stick with you until the very end.
First, your lawyer can review your accident and begin the paperwork to start your civil case. Civil cases usually begin with a formal complaint filed with the courts. The complaint must contain lengthy and specific details about how the accident happened, who was involved, your damages, and the evidence we have to back up your claims. This is a lot of information, and we might not have everything we need when you first meet with your lawyer. Your attorney can do the work necessary to gather all the necessary information to draft a formal legal complaint.
Your lawyer should also be able to help you develop legal strategies and determine the best path forward. Perhaps the best strategy is to have an aggressive courtroom plan. If we have strong evidence, success in the courtroom might be more likely. On the other hand, maybe taking things to court is not the way to go. Maybe the defendant is open to a settlement agreement, and your lawyer believes they can negotiate a good settlement so you can get the compensation you need without having to endure a lengthy legal battle. The only way to find out is to hire an experienced lawyer.
Get Help from the Garden City Car Accident Lawyers at The Carrion Law Firm Today
If you need help assessing your legal options and potential recovery, reach out to our dedicated car accident attorneys at The Carrion Law Firm today by calling (631) 910-7493 to get your free initial case assessment.