New York Car Accident Lawsuit
In What Situations Can I File a New York Car Accident Lawsuit?
New York is a no-fault auto insurance state, which means in minor car accidents, the injured party claims with their own insurance company. It doesn’t matter who caused the accident. The state limits your ability to sue the at-fault driver or their insurance company for damages.
The state does not ban lawsuits, but it does set limitations. To be able to start a lawsuit against the at-fault driver or their insurer, you must meet a certain injury threshold. In general, for minor injuries you claim on your own insurance; and for serious injuries, you can both claim with your insurer and sue the other driver.
A lawyer can help you understand if you can file a lawsuit in your case. The state defines the injury threshold, which allows for a lawsuit, as:[1]
- Bone fractures
- Permanent, limited use of an organ
- Significant limitations to an important bodily function
- A disability that persists for at least 90 days
- Significant disfigurement
- Death
Is There a Time Limit for Filing a Lawsuit?
Every state has a time limit on filing personal injury lawsuits, including car accident lawsuits. This is known as the statute of limitations. In New York, you have three years from the accident to file a lawsuit. The court system rarely allows for exceptions, so it’s important to talk to a lawyer right away after an accident.
What Are the Steps in a New York Car Accident Lawsuit?
If you have a case for a lawsuit, a lawyer will take you through the process. Your case goes through certain steps that are similar to those in other states:
- File a complaint
Your lawyer files a complaint with the appropriate New York court. It goes to the defendants as well to notify them of the suit. The complaint outlines your case, allegations, and what you’re seeking. - Build a case
The lawyers on both sides of the lawsuit have a period of time, known as discovery, to investigate the accident and build a case. Your lawyer works with experts, talks to witnesses, holds depositions, and gathers evidence. The point is to prove the at-fault driver is negligent in causing your injuries and that they have caused you significant expenses. - Negotiate a settlement
Most defendants in car accident cases are insurance companies, and they’re usually willing to settle. This is because a trial can lead to a much larger monetary award for the victim. For you, a settlement means getting compensation sooner. Your lawyer negotiates on your behalf to get a fair amount. - Go to court
Sometimes the insurer does not agree to settle or does not offer a reasonable amount, in which cases you can go to trial to force payment. Your lawyer presents your case to the jury, which can decide in your favor and award damages. - Appeal
Either side can appeal the jury’s decision and go to a higher New York court to overturn it. Your lawyer may appeal or represents you if the other side appeals.
What Does My Lawyer Need to Prove My Case?
Your lawyer will need to prove a couple of things to get you compensation. They must show the other driver is negligent and liable. This means proving they breached a legal duty to drive reasonably and follow traffic laws. It also means proving that their breach directly led to your accident and injuries.
Because New York is a no-fault state, they also need to show that your injuries meet the injury threshold. To prove all of this, your lawyer needs evidence from the accident scene, your medical records and bills, witness testimony, and testimony from medical experts regarding your injuries.
What Can I Recover in Damages from My New York Car Accident Lawsuit?
Damages amounts vary significantly from one case to another. Your lawyer can make an estimate based on the information and their experience working on similar cases. They cannot guarantee you’ll get a certain amount.
Damages depend on factors unique to your case:
- The extent and severity of your injuries
- Any permanent or long-term disabilities
- Disfigurement
- Emotional trauma or pain and suffering
- Medical bills
- Expected future medical bills
- Lost earnings
- Lost future earning potential
The amount you can recover also depends on state law. New York does not cap, or limit, damages. However, New York law allows the court to reduce a jury award if you share blame for the accident. This is known as shared fault.
Examples of New York Personal Injury Lawsuits
These examples of wins for victims of car accidents in New York can give you an idea of what the right lawyer can do for their clients:
- $8.8 million for paralysis. A 32-year-old man on his motorcycle swerved to avoid an illegally parked truck. This caused him to strike a turning car. His injuries led to paraplegia.
- $7.1 million for lost limb. A New York City Transit Authority bus failed to stop and struck a 26-year-old cyclist. The man required an amputation below the knee after the accident.
- $2.3 million for firefighter. A negligent driver struck a firefighter as he jumped off his truck to guide it into the firehouse. The firefighter suffered injuries severe enough to prevent him from doing his job.
- $2 million for fatal crash. A 66-year-old man’s car was hit by another vehicle. The at-fault driver ran through a stop sign. The strike forced the victim’s car into oncoming traffic. He died from his injuries.
- $1.8 million for ejection from car. The 20-year-old passenger of a car flew through the windshield when another driver struck the vehicle. The victim suffered serious injuries, including a fractured skull and spine.
These cases cannot predict what will happen in your New York car accident lawsuit. They can help you understand the possibilities and why people file. If you think you have a case, contact a lawyer for advice.