Most people in Queens are in a car on the road almost every day. We often take driving for granted, but it can be dangerous, and people are often badly hurt in accidents. If you or someone you love was injured in an auto accident, an attorney can help you get fair financial compensation from those responsible.
One of the first things to discuss with your attorney is what your claims may be worth. Various factors may influence how valuable your claims are, including the severity of your injuries, whether you can work while you are recovering, and your pain and distress from the accident. Before you can recover any damages, we need evidence to support your claims. Photos and videos from the accident scene, witnesses, medical records, and more may all be important pieces of the puzzle. You should call an attorney for help right away, as your time to file your claims may be running out.
Get a free initial case review by calling our car accident lawyers with The Carrion Law Firm at (718) 841-0083.
What Your Auto Accident Case Might Be Worth
You need to know what your Queens car accident claims may be worth, so you know whether legal action is worth your time and effort.
When evaluating your claims, we should start with your injuries. More severe injuries tend to lead to greater medical bills, more pain, and bigger overall disruption to your life. As such, severe injuries tend to warrant greater financial compensation.
Even so, your injuries do not have to be severe for you to take legal action. Even minor injuries may warrant legal action if you have real, articulable damages.
Next, our car accident attorneys may consider how the accident has affected your capacity to work. If your injuries prevent you from working, which is common, you might lose income. The longer you cannot work, and the greater your normal income is, the greater damages you may claim.
Damages may be more subjective. Pain, suffering, and distress are hard to quantify, and car accident victims tend to experience them differently. Even so, you should not underestimate how valuable these damages can be, and you deserve to be compensated for everything you have gone through.
Where to Find Evidence for a Car Accident Case in Glendale
We must have evidence when we file your claim, otherwise, the court might throw out the case. How and where we find evidence will vary based on how and where your car accident happened in Queens.
The accident scene is a great source of evidence, but we must act fast, as evidence may be lost when the accident scene is cleared away by the authorities. If you can, take photos and record videos of the accident scene while you wait for help to arrive. These photos and videos may be entered as evidence in court or an insurance claim.
We should also interview potential witnesses. Queens is a busy place, and there may have been numerous people around who saw the accident and can provide valuable testimony in court.
When to Begin Preparing Your Car Accident Case in Glendale
We should start preparing your case as soon as possible. You might need some time to recover after the accident, but you should still contact an attorney in Queens soon.
The statute of limitations under C.V.P. Law § 214 gives us only 3 years to file the case in court. Our time begins on the day of the accident, so time is of the essence.
It is never too early to call a lawyer for help, but you might need time to recover from your injuries and think about whether initiating legal action is right for you. If you cannot make up your mind after a few weeks, speak to a lawyer anyway. They can review your options and help you make a plan.
If you wait too long to speak to an attorney, you might run afoul of the statute of limitations. Once the limitation period set by the statutes closes, you may be time-barred from filing your claims, barring very special circumstances.
Should I Call the Police About My Car Accident?
Drivers sometimes do not want to get the police involved in a car accident, but calling them is usually a good idea for a couple of reasons.
First, reporting the accident to the police may be required by law, depending on the nature of the accident. Second, the police may help uncover important information in their investigation.
According to V.A.T. Law § 605(a)(1), drivers must report accidents to the police if the accident involves injuries, death, or property damage in excess of $1,000. Generally, drivers have 10 days from the accident to report it to the authorities without penalty.
Even if you are not legally required to report the accident, doing so is still helpful. They may still write a formal accident report for your case. Even though the report might not contain much information we do not already know, insurance companies may demand a copy before they pay anything.
Should I Sue or File a Lawsuit After a Car Accident?
In Queens and the rest of New York, drivers must file claims with their own personal injury protection (PIP) insurance. This is no-fault insurance, and you do not have to prove that the other driver caused the accident. In fact, you may be covered even if you are responsible.
The thing is, according to I.S.C. Law § 5104(a), you cannot sue the other driver for damages unless you have a “serious injury.”
According to § 5102(d), a serious injury involves dismemberment, death, fractures, the loss of a fetus, the permanent limitation or loss of a bodily system or function, or any non-permanent injury that stops you from doing normal daily chores for at least 90 days.
Whether a lawsuit or an insurance claim is best depends on your circumstances. Ultimately, you must decide what works best for you. Arguably, insurance claims are easier, as they do not involve courtrooms and tend to be completed faster. However, lawsuits often yield greater compensation than may be available through insurance alone.
Get in Touch with Our Glendale Car Accident Lawyers for Help Now
Get a free initial case review by calling our car accident lawyers with The Carrion Law Firm at (718) 841-0083.
