Timeline for a New York Car Accident Settlement or Lawsuit
Car accidents are unfortunately common, particularly in the State of New York. Still, we never expect them to happen to us. When someone is injured in a car accident caused by another driver’s negligence, they may have questions about the legal process for their recovery, starting with the time their case may take.
The reality is that every case is different, and a given suit may take months or even years to reach a verdict. There is the option to settle your claim, but you should never make such an important decision without a thorough assessment of how much you deserve for your case.
To get immediate, reliable advice today about your potential New York car accident lawsuit or settlement offer, reach out to the New York car accident attorneys at The Carrion Law Firm. When you call our offices at (718) 841-0083 today, we can offer your first case assessment for no charge.
Reporting a New York Car Accident
After any car accident that results in death, injury, or significant property damage, drivers are required to report the accident to the proper authorities. There are two steps to meeting this requirement: calling the police at the scene of the accident, and subsequently reporting the accident to the DMV.
You should always call 911 at the scene of your accident. The emergency dispatcher can send law enforcement officers to the scene to investigate and file an official car accident report, which will be vital in your recovery efforts. You can also request an ambulance if you or others at the scene require immediate medical intervention.
You must also report your accident to New York’s Department of Motor Vehicles (NYDMV). This report is separate both from the official police report filed by the officers at the scene and the report you send to your insurance company. Official accident reports must be filed with the DMV within 10 days of the date of the accident.
When Should You Contact a New York Car Accident Lawyer?
Your first priority after an accident should be attending to your own injuries. Once you have sought medical evaluation and care, however, it is never too early to reach out to a dedicated Brooklyn car accident attorney. Your lawyer can assist you in meeting reporting requirements, communicating with insurance representatives, and evaluating your ability to file a lawsuit to recover damages for your injuries.
How Long Do You Have to File a New York Car Accident Lawsuit?
One reason why it is imperative that you seek out a Bronx car accident lawyer as soon as possible is the state’s time limits on filing a claim. Under New York’s statute of limitations, car accident injury victims only have three years from the date of the accident to officially file their complaint in court. This time can go faster than you might expect, especially when considering the time that it may take to prepare and file your complaint. If you miss the deadline, you will be unable to recover through a lawsuit.
How Long Does a New York Car Accident Lawsuit Take?
Every accident is as different as the victims that the accident may affect. Therefore, it is hard to predict how long a particular lawsuit will take. To get a better idea of what to expect from your lawsuit, we urge you to reach out to one of our seasoned New York car accident lawyers, who can offer you a free initial consultation about your path to recovery.
Factors that Affect the Length of a New York Car Accident Lawsuit
Generally, the length of a New York car accident lawsuit will depend on a number of factors that could complicate the case. Complications in how a court may assess fault and damages are the most common influencers of expected time of resolution. Below are some of the most common variables that our Long Island car accident lawyers see play a role in determining the timeline of an accident injury case.
- Severity of the injuries
- Number of victims involved
- Number of drivers and cars involved
- Cause of the accident
- Contributory negligence (or victim’s own role in causing the accident or injuries)
- Level of insurance provider’s cooperation
- Willingness to negotiate a settlement
When to Accept a Settlement Offer for Your Car Accident Injury Claim in New York
When faced with the prospect of a long court battle, many potential plaintiffs instead choose to settle with the other party’s insurance provider.
Settlements are agreements between the victim and the liable party where the liable party agrees to pay a negotiated amount of monetary compensation in exchange for the victim’s waiving of their legal right to pursue damages through a lawsuit.
Settlements can be a useful legal tool to avoid the cost and time commitment of going to court over the compensation for injuries. They also guarantee that the victim will receive at least something. However, injury victims who are scared of mounting medical bills are prone to giving up value they deserve in exchange for less money in their hand today. Thus, it is not uncommon for insurance providers to prey on victims, particularly those without legal representation, by making low settlement offers in hopes that the claim will just go away.
You are not obligated to accept any settlement offer, and certainly not the first one that comes through the door. Plaintiffs and their attorneys can negotiate with the other side on the terms of a settlement after a lawsuit has been filed and even all the way through the actual trial. Often, the further you pursue your legal claim, the higher the settlement offer will get.
Any seasoned Elmhurst, Queens car accident lawyer that you should weigh your options carefully before you ever surrender any of your legal rights, including your right to sue. Do not accept any settlement offer without discussing it thoroughly with your Queens car accident lawyer.
Discuss Your Potential Injury Claim with Our New York Car Accident Lawyers
To get a free initial assessment of your case and how long you should expect a resolution to take, call Bay Shore, NY car accident lawyers at The Carrion Law Firm today at (718) 841-0083.