After a car accident, it quickly becomes apparent just how expensive it is to be injured in a crash, and having a lawyer on your side can be an essential resource to help you get compensation. But is it worth it?
Generally speaking, the answer is yes, especially if you were seriously injured. Trusting the insurance companies to handle everything and pay you what you need may leave money on the table and prevent you from getting the full compensation you deserve. To get that compensation, our lawyers may pursue a lawsuit against the at-fault party. Ideally, you should hire our lawyers as soon as possible after a crash. In New York, victims have three years from the accident to file a lawsuit, or they lose their right to sue, which is already limited by the serious injury threshold. Swiftly hiring an attorney allows you more time to explore legal options, calculate damages, and gather the evidence you need before filing. If you wait to hire an attorney, you might still be able to file your case, but you might lose precious time.
For help with your case from our New York City car accident attorneys, call The Carrion Law Firm at (718) 841-0083.
When is the Best Time to Hire a Lawyer After a Car Accident in New York City?
You should speak to an attorney immediately after a vehicle collision. Unfortunately, how quickly an injured driver can contact an attorney might depend on how badly the driver is injured. You might end up in the hospital for a while after a crash, and contacting a lawyer might be difficult. If possible, you should have a friend or family member reach out to an attorney on your behalf to arrange a meeting as soon as you are ready.
Victims sometimes hesitate to contact an attorney because they are unfamiliar with the process of filing a civil lawsuit and do not know how to proceed after a crash. This is even more of a reason to speak to our lawyers right away, as we can explain how a lawsuit works and what your next steps should be to move your case forward.
For example, our Long Island car accident lawyers can help you make important decisions regarding legal action after a crash. One of the most beneficial aspects of hiring a lawyer as soon as possible is that they can work on your case while you focus on recovering so you do not miss the three-year statute of limitations under C.V.P. Law § 214(5).
Even if it has been some time since your accident, you can contact our lawyers with your case if you were injured and need compensation. We can determine the filing deadline based on the accident’s date and proceed accordingly, giving you some distance from the specifics of the case, which can be important if your emotions are heightened because of the post-traumatic stress of the injury or because you are angry at the defendant for hurting you.
Hiring a Lawyer to Understand Filing Deadlines for New York Car Accident Claims
There are other good reasons to hire a lawyer sooner rather than later. Every case must abide by certain statutes of limitations, which impose time restrictions on when plaintiffs must file their cases. If plaintiffs miss the deadlines, courts might block them from recovering damages, which our lawyers can help avoid.
Statute of Limitations
In New York, the statute of limitations in personal injury cases, including car accidents, is three years. The countdown to the deadline begins on the date of the car accident. While three years might sound like a long time to file, it is deceptively short. Lawsuits require a lot of preparation before they make it to court, and you may need every bit of those three years to bring a strong case. The sooner you hire an attorney to help you, the sooner they can begin preparing your case to file without worrying about missing the statute of limitations, which would bar you from getting any compensation.
Tolling the Statute of Limitations
If you are close to the deadline and have not yet filed, our attorneys might be able to buy more time if we can toll the statute of limitations, which can happen for several specific reasons, such as if the victim was injured while they were still a minor. That said, if you hire our attorneys right away, you will likely avoid the need for tolling, though we may be able to use it to our advantage if necessary.
Under § 207, we can stop the clock if the defendant is absent from the jurisdiction, which could happen during car accident cases involving out-of-state drivers. To serve the defendant with notice of your lawsuit, they must be within the court’s jurisdiction, usually within the State of New York. If the defendant has left the state and cannot be reached for at least four months, we may pause the statute of limitations until they return to the jurisdiction. We can also stop the clock if you believe the defendant is hiding out under a false name to evade liability.
As mentioned, § 208 lets plaintiffs toll the statute of limitations if they are younger than 18 or cannot file the case because of a mental disability or impairment. In New York, these conditions are considered “disabilities” that prevent a person from filing. Such a person would have three years from the date their disability ceases to file their lawsuit. However, the statute of limitations for infancy or insanity cannot be tolled any longer than 10 years.
The Pros and Cons of Hiring a Lawyer for a Car Accident Case in New York
One of the best ways to determine whether something is “worth it” for you is to make a list of pros and cons. Here are some of the benefits and drawbacks we see to hiring an attorney for your car accident case in NYC:
Pros
There are plenty of advantages to hiring our attorneys sooner rather than later. Quickly hiring an attorney allows you more time to review possible damages with your lawyer. Your damages are the main focus of your case and represent the financial compensation you want from the defendant. Speaking to a lawyer, like our Brooklyn car accident attorneys, soon allows you more time to comb through possible damages and maximize potential compensation.
As attorneys, we can see the benefit that we provide to clients every day after car accidents. A Queens car accident lawyer can represent their client, standing up for them against insurance companies, at-fault drivers, judges, and anyone else that might jeopardize their chance at recovery. We can represent your best interests and help you make informed, calculated legal decisions.
Trained lawyers with experience handling car accident injury cases understand the processes, and they know how to file claims with insurance companies and courts to get you the compensation you need. They also understand the types of compensation available and the best routes to take to compensate different types of damages.
You also have more time to explore other legal options with our lawyers. For example, if pursuing a full trial in court is not what you want, your Brookhaven car accident lawyer can help you negotiate a settlement agreement with the defendant. Settlements often take time and sometimes fall apart at the last minute. It is best to hire a lawyer soon so you have ample time to negotiate and develop a fallback plan.
Ultimately, our lawyers are trained professionals who can advocate for and assist you but will not replace you in the process. You are still in charge of deciding whether to settle your case or go to trial. While you maintain full control without a lawyer, you are also fully responsible for deadlines and case management – something you might not have experience with.
Ultimately, a lawyer is a trained professional that should advocate for you and assist you, but your lawyer does not replace you in the process. You are still in charge of the decision of whether to settle your case or whether to go to trial. Without a lawyer, you maintain full control, but you are responsible for deadlines and case management – something you might not have experience with. Hiring an Islip car accident lawyer also gives you some distance from the specifics of the case, which can be important if your emotions are heightened because of the post-traumatic stress of the injury or because you are angry at the defendant for hurting you.
Lastly, lawyers can often be paid through winnings when representing a victim in an injury case as part of a “contingency fee” arrangement. This means your Staten Island car accident attorney will not get paid unless you do, and the services will cost you nothing until you win your case.
For example, among the many complicated aspects of filing a car accident lawsuit, you must certify your injuries pass the serious injury threshold in New York soon after filing, or your case could be dismissed. Our lawyers can handle this by gathering all relevant medical records, diagnostic test results, and physician notes or statements we need to show your injuries enable you to sue despite being a no-fault state.
Cons
When you hire a lawyer, you do give up some control over how the case is handled, trusting your lawyer to handle the legal strategies in the case. Some clients feel like they’re left in the dark about what’s happening in their case, but a good attorney should work to keep you informed and make you feel involved.
Lawyers of course typically take a fee for their services. Without a lawyer, it might be difficult to win the case, or you might miss out on damages. As such, the trade-off is often worth it. Damages could also include payment for legal fees, reducing the burden of this cost.
If your injuries are not severe and you trust your insurance company to protect you and pay you what you need, a lawyer might be unnecessary. It is best to get a free consultation from a lawyer that offers them to make sure that there isn’t something you’re missing in your case. If there isn’t something you’re missing, it may be a simple enough matter that you can handle the claim on your own. It becomes less “worth it” to hire a lawyer if you only suffered minor vehicle damage and have already taken steps to get an estimate from your insurance company.
Lastly, hiring a lawyer might look like you are “making a big deal” out of the case. In some cases, it is absolutely a “big deal,” and you might really need to depend on the help of a lawyer. If the case is a low-dollar, low-speed fender bender with no injuries, hiring a lawyer might seem like a nuclear option. Consulting with a lawyer on the side is always preferable so that you can check your options, but you do not necessarily need to hire them afterward. If you retain counsel, the other side will be more likely to get a lawyer, too.
Is Hiring an Attorney Worth it if Your New York Car Accident Case Goes to Trial?
Trained lawyers with experience handling car accident injury cases understand the processes, and they know how to file claims with insurance companies and courts to get you the compensation you need. They also understand the types of compensation available and the best routes to take to compensate different types of damages, like pain and suffering.
For example, while many cases settle, some go to court so plaintiffs can maximize their recoveries. Jury awards may include large sums for non-economic damages, particularly after our lawyers enlist expert witnesses to assess victims and present their findings in court. Mental health experts can evaluate victims for signs of depression, anxiety, or emotional distress and work with our lawyers to quantify those intangible damages. Furthermore, if the defendant showed gross negligence in their conduct, such as by drunk driving, going to court could lead to punitive damages that a settlement would not provide.
Trials are complicated proceedings, so having experienced attorneys in your corner is important. Not only can we present our arguments and evidence to the jury, but we can prepare to refute the defendant’s claims. For example, if the defendant attempts to use a comparative fault defense to lower their liability, our lawyers can combat that with the appropriate evidence, such as eyewitness statements.
Even during trials, defendants might send settlement offers to victims, which plaintiffs can accept to end the matter. We can continue evaluating settlement offers as we receive them and ultimately help you decide how to best claim the damages you deserve, from a jury award or out-of-court settlement. To get that jury award, our lawyers can use their understanding of the standard of proof for civil injury claims to prove all essential elements necessary to establish liability. This includes proving the negligent driver owed you a duty of care, which they breached, ultimately causing the accident, your injuries, and your damages.
Speak to Our New York City Car Accident Lawyers About Your Case Today
For a free case review, call the experienced Queens car accident attorneys at The Carrion Law Firm at (718) 841-0083.