Car accident personal injury claim in New York – important considerations

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According to the New York Police statistics, there were 9,183 traffic collisions in New York during November 2021. Out of these, 525 occupants suffered injuries, and 6 people died. Therefore, car accidents are a real possibility when driving in the Bronx. 

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It is important to note that there are specific state laws and New York is no exception. New York has particular regulations that you should be aware of if you are in the position of pursuing a personal injury claim in New York, especially if from a different state.

Let’s look at some of these critical differences so that you are not making assumptions based on the state you live in that could set you up for failure. 

The New York Statute of Limitations

You have a limited period from the date of the accident, during which time you need to get your case started. Should you fail to do so within the prescribed period, your lawsuit will face probable dismissal by the court.

In New York, this period has been set at three years from the date of the accident. It is thus crucial to launching your case within this period. Since this time fluctuates between different States, it is essential to note that it is relatively short in New York.

The earlier you appoint a New York car accident lawyer to represent you, the better. 

It is not true that the legal costs are so high that the average person cannot afford to litigate. On the contrary, the first consultation is usually free, and lawyers are often prepared to work on a contingency basis. Hence, you only pay them if they are successful in their pursuit of your award.

New York is a “no-fault” car insurance state

This means that your first personal injury claim after a car accident is against your own personal protection injury coverage, irrespective of who was to blame for the accident. 

It is compulsory to have such insurance cover in New York to drive a vehicle. 

Under no-fault insurance, you cannot claim any pain and suffering and other non-monetary damages.

For you to step outside of the no-fault restrictions, your case must meet certain specific requirements. If you meet these requirements, you can claim from the other driver’s insurance company.

You may only step outside of the “no-fault” insurance space if your injuries are proven to be “serious,” as determined by state law. 

What qualifies as a “serious” injury

If you have experienced any of the following then your injury is likely to be classified as serious:

If you have suffered total disability for more than 90 days

You have permanent loss of a body member or organ

You have suffered a bone fracture

You have suffered significant disfigurement

You have suffered a substantial limitation of a body function or system

Once you can prove any of these, you will be entitled to step outside the limits of a “no-fault” claim. This will entitle you to sue for additional damages such as pain and suffering and other non-monetary categories of claim. 

New York has a pure comparative fault rule

The pure comparative fault rule in New York is a claimant-friendly rule that allows a claimant to pursue a claim even if the claimant was partly (or even primarily) responsible for the accident.

The quirks of New York Law

So you see, there are a few quirks in New York law relating to car accident personal injury claims. 

Therefore, if you are involved in a potential claim in New York, you would be strongly advised to see an experienced and competent Bronx law firm specializing in car accidents. That way, you will not be caught out by the intricacies of the law, and you will be assisted to obtain the maximum claim possible from your accident.

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