Syracuse Car Accident Lawyer
Car accidents are a leading cause of bodily injury every year, not just in Syracuse but across the country. Therefore, it is important for everyone to know what the law provides as a means of remedying the harms that a person can sustain in a car accident.
Car accidents that result in injuries that are not severe require victims to submit a claim with their own insurance provider and recover through them. However, if you can demonstrate that your injuries are “serious” under the state’s definition, you can file a lawsuit against the party to blame, which is a much better path to recover for all of the consequences that your injuries can cause.
Do not wait around and let your claim expire. When you reach out to the dedicated Syracuse car accident lawyer at The Carrion Law Firm at (718) 841-0083 today, you can get a free initial case assessment.
No-Fault Car Insurance Rules in Syracuse
Unlike some other states, New York uses what are known as “no-fault” auto insurance rules. Under this type of insurance system, the injured victim of a car accident must generally seek compensation from their own car insurance provider, regardless of who was responsible for the crash.
This saves injury victims the time and difficulty of having to prove who was responsible for causing the accident. However, the system can be frustrating for many car accident victims, especially after experiencing extensive losses. In many instances, the assistance provided by insurance companies may not fully compensate you for your losses. Typically, car insurance companies are limited to providing compensation for harms like medical bills that you incur, property damage caused by the accident, and lost wages from missed time at work. Insurance does not compensate you for your pain and suffering, despite these consequences being just as real and impactful as the physical consequences.
Fortunately, there is an opportunity to step outside the no-fault system in certain cases. You may bring a personal injury claim against the at-fault party in a car accident if you can demonstrate that you suffered serious injuries. “Serious” injuries are defined by New York state law. To meet this threshold, you must prove you sustained an injury that caused a full or partial disability for more than 90 days. This 90-day period must occur within the 180 days that immediately follow the accident. You can also show that your injury caused significant disfigurement, permanent limited use of a body part, or a permanent disability, among other significant losses. You should discuss your case with a dedicated Syracuse car accident attorney to get a better sense of your situation and what the severity of your injuries may mean for your ultimate compensation.
Benefits of a Lawsuit Compared to an Insurance Claim for a New York 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 was 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 their 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 Syracuse car accident lawyers.
Statute of Limitations for Car Accident Lawsuits in Syracuse
New York state law imposes legal limits, known as statutes of limitations, on the amount of time that a potential plaintiff can wait before filing any type of civil claim. For Syracuse car accidents, this limit gives plaintiffs three years to file.
In most car accident cases in Syracuse, the victims have up to three years from the date that the actual accident occurred to file their lawsuits with the court. If you fail to meet this legal timeline and do not submit your lawsuit, the other side will file a motion to dismiss, which the court will likely grant. This would spell the end of your recover effort.
Just because you may have plenty of time to file a lawsuit does not mean that you should wait that long to take legal action or delay other important tasks after your car accident. The more time you wait to file your claim after your car accident, the more challenging it may get to win your case. Keep in mind that it is easier to obtain all of the evidence required in your case soon after your accident. If you wait too long to reach out to a Syracuse car accident attorney, you might lose valuable access to forms of evidence that can help you recover through an insurance claim or court case.
Get Legal Help from Our Syracuse Car Accident Attorneys for Free Today
When you call The Carrion Law Firm today, you can get a free initial case evaluation. You can reach our Syracuse car accident lawyers right now at (718) 841-0083 to learn more.