Is Suing Someone for a Car Accident in New York “Worth It”?
After being injured in a car accident in New York, victims might wonder whether or not it benefits them to sue a negligent driver. The idea of a potentially lengthy litigation process might make victims question if suing someone for a car accident in New York is worth it.
Receiving compensative damages can make suing a negligent driver for a car accident worth your time. Although lawsuits can be long, you can be compensated for your injuries. In New York, severely injured car accident victims have the right to pursue litigation. It is important to note that New York is a no-fault state, meaning sustaining only certain injuries allows victims to sue a negligent driver. Hiring an experienced attorney that will fight for your interests can help you recover significant damages at the end of a car accident lawsuit in New York.
The Carrion Law Firm is dedicated to supporting victims’ rights. Our lawyers can assess your potential case and explain how much compensative funds you deserve. To schedule a free case evaluation, call the New York car accident attorneys at The Carrion Law Firm today at (718) 841-0083.
Reasons for Suing Someone for a Car Accident in New York
Being injured in a car accident is reason enough to sue a negligent driver in New York. Victims have the right to pursue litigation should they sustain bodily injuries due to a car accident. When another person’s negligence is the cause of your injuries, you are entitled to sue them for compensative damages.
Simply being in a car accident might not feel like a good enough reason to sue a negligent driver. However, it is your right if you were injured during the collision. Even seemingly minor injuries can warrant a lawsuit, especially if you require medical treatment to recover. After a car accident in New York, injured victims might incur substantial medical costs or even lose their ability to work. The financial impact of a car accident can feel just as severe as the physical one. A traumatic car accident could affect your quality of life and your emotional wellbeing.
Depending on the severity of your injuries, it might not be necessary to sue a negligent driver. New York is a no-fault insurance state, meaning drivers must file a claim with their personal injury protection (PIP) insurance after a car accident. Regardless of who is at fault, injured victims’ insurance companies become responsible for compensating them. All drivers must carry liability insurance of some kind, which could be beneficial to victims who require compensation. However, if neither your PIP coverage nor the responsible party’s liability insurance offers sufficient damages, you might have to file a lawsuit against the negligent driver.
If you were injured in a car accident by a negligent driver in New York, you have every right to sue. It will be worth it when you recover compensative damages for your injuries. According to the Queens car accident attorneys at The Carrion Law Firm, pursuing justice is always worth it. Lawyers that fight for victims’ rights can represent your interests in a lawsuit against a negligent driver in New York.
Benefits of Suing Someone for a Car Accident in New York
Although New York car accident victims might understand that suing a negligent driver may be the only way to receive adequate compensation for their injuries, they might still be apprehensive. Victims need to understand the benefits that accompany suing someone for a car accident in New York.
A major benefit of suing a responsible party for a car accident in New York is that you can hire legal counsel to represent you. When you enlist the help of an attorney, their experience can inform your decisions. The Carrion Law Firm’s New York car accident attorneys are skilled in handling these types of cases. Having a knowledgeable attorney by your side can help you understand your rights as a car accident victim and help you recover the damages you deserve.
Another benefit of suing a negligent driver is that insurance companies are left out of it. Some victims are deterred from filing a lawsuit because they believe either their insurance or another driver’s coverage will adequately compensate them. Unfortunately, insurance companies can offer low payouts to victims. Once you accept one, you are unable to pursue litigation. New York’s no-fault insurance laws require drivers to carry PIP insurance, which does not compensate for pain and suffering. The settlement offer from an insurance company might be significantly less what victims can recover from a lawsuit.
Of course, the main benefit of suing someone for a car accident in New York is that you can receive compensative damages for your injuries. New York car accident victims can benefit from hiring a skilled lawyer, like the Bronx car accident attorneys at The Carrion Law Firm. If they do, they can improve their chances of receiving both economic and non-economic damages. These damages seek to compensate you for the financial and emotional impact of a car accident.
Factors to Determine Whether a Car Accident Lawsuit is Worth it in New York
The goal of an insurance claim or a lawsuit is the same after a car crash: get the victim damages to make up for the harm they faced in the crash. This typically means paying for medical expenses, helping with lost wages, getting their car repairs paid for, and helping them cope with the other physical and mental effects of the injury. The pros and cons of insurance claims might make this option better for some people, but New York City personal injury lawsuits often have some clear benefits that make them a better choice for accident victims. Some of the following factors are important to consider when choosing how to pursue compensation in your case:
How Fast Do You Need Damages?
A car insurance claim may pay damages faster than a lawsuit – but not always. Lawsuits take time to schedule in court, and due process requires time for the defendant to respond, for evidence exchange to take place, and for both sides to have plenty of prior notice of proceedings and depositions. Insurance claims can go a lot faster, but they can still be held up by insurance companies that refuse to pay or hold up your case in an attempt to pressure you into a lower settlement.
Sometimes accepting insurance payouts quickly can be dangerous, too. Sometimes, insurance policies state that the insurance company will pay damages now, but that if you sue, they get to reimburse themselves (and maybe take even more money) from the award when your lawsuit is finalized. It is important to talk to an attorney for car accidents in Queens to determine whether the quick payments of an insurance claim are worth it or whether you’re better off waiting to take your case to court.
Is Your Pain and Suffering Severe?
Insurance policies typically block damages for pain and suffering, focusing instead on the “economic” damages that can be easily proven through medical bills and financial records. If your injuries were moderate or severe and the medical care was the most expensive part of the damages you suffered, an insurance claim might suffice. However, if you suffered pain and suffering, you cannot claim damages for it through insurance. That means settling your case will automatically mean settling for a lower sum.
For some more minor or moderate injuries like whiplash, the injury does not require intensive treatment but comes with long-term discomfort and pain. In these cases, pain and suffering damages might be higher than you’d expect, and you would lose these damages if you do not file a lawsuit.
How Good is Your Insurance?
If you have great insurance, it might cover everything you need without the need to file a lawsuit. With New York’s no-fault insurance rules, many drivers carry top-of-the-line car insurance because they know it will end up serving them in the end rather than leaving them to rely on the other driver’s insurance like in at-fault insurance states. Drivers with minimum insurance who suffer severe injuries may find their insurance lacking, and they may not be able to claim enough compensation through a car insurance claim.
NY insurance laws may allow you to file a third-party claim against the at-fault driver’s insurance, but this might also pay low damages if their policy is limited or if the insurance company puts up a fight. Ultimately, a Bronx car accident lawsuit might be worth it just because the insurance policies that could cover you are inadequate.
Who Caused the Crash?
If you were at fault for the crash that injured you, you might not have anyone to sue. Single-car crashes, drunk driving accidents, and other crashes might make it hard to find anyone you can sue for damages. There, an insurance claim might be your only option to seek compensation.
In other cases where the driver who hit you was working as a commercial driver when the accident occurred, there might actually be a greater incentive to take the case to court instead of settling with insurance. Commercial drivers who cause crashes while working within the scope of their job duties can often be sued alongside the company they work for. This could mean going after a negligent employer – potentially one who hires negligent drivers overworks their staff or violates federal trucking or transportation regulations. Companies like this often have more ability to pay damages than an individual driver, and courts may even order punitive damages if these companies have a pattern of negligence.
What to Know Before Suing Someone for a Car Accident in New York
There are several things New York car accident victims should be aware of before filing a lawsuit in New York. The first is the statute of limitations. It is also necessary for victims to understand that not everyone involved in a car accident in New York can pursue litigation because it is a no-fault insurance state. Knowing what to expect when planning to sue someone for a car accident can help victims prepare.
The statute of limitations to file a lawsuit against a negligent driver in New York is three years. That means victims have three years from the date of injury to pursue litigation. It is important to consult with an attorney immediately after a collision, especially once you understand the severity of your injuries. Although three years might seem like a long time, it can fly by. Quickly filing can help you gain compensation for medical bills and lost wages as soon as possible.
In New York, car accident victims can only sue a negligent driver if their injuries are severe enough. While The Carrion Law Firms Staten Island car accident attorneys believe no injury is too minor, no-fault laws disagree. Only victims who have sustained permanent or significant limited use of organs or body parts and victims who have sustained bone fractures and disfigurement can file a lawsuit. Victims who experience disability for over 90 days can also sue.
Our Lawyers Can Help You Sue Someone for a Car Accident in New York
Lawsuits can take several months, or even years, to complete. However, it is worth it once victims receive compensative damages for their injuries. For a free case evaluation, call the Brooklyn car accident attorneys at The Carrion Law Firm today at (718) 841-0083.