How Do I Know If I Need to File a Lawsuit After a Car Accident?
Choosing to litigate a car accident claim is a big decision. It often involves retaining a personal injury lawyer, gathering substantial evidence, and defending your claims before a court of law. You always have the right to file timely litigation if another driver’s unlawful conduct caused you harm. Our experienced car accident lawyers in Buffalo, NY, can help settle your claims with liable insurers without filing a lawsuit. It’s always best to speak with a NY legal professional about suing another driver after an accident, but it is sometimes necessary.
Legal Standards for Filing New York State Car Crash Claims
Because New York is a no-fault state, you must meet specific threshold legal standards to file a lawsuit against a negligent driver. You might qualify to file litigation if you suffered from a serious personal injury that resulted in one of the following:
- Significant disfigurement
- Dismemberment
- Miscarriage
- Fracture
- Permanent loss or severe limitation of a body organ, system, or function
- A medical impairment that prevented you from performing all activities of daily living for at least 90 days during the 180 days following the accident
- Economic loss exceeding $50,000
If you only suffered from whiplash or another soft tissue injury after the crash, you may not qualify to file litigation in NY. Additionally, you may only file a lawsuit if the evidence indicates the other driver’s unlawful conduct, such as running a red light or speeding, caused or contributed to the accident and resulting loss. Lastly, you must generally file your case within three years of the accident date pursuant to the state’s statute of limitations. An experienced car accident lawyer can help you determine whether you qualify to file litigation.
Litigating v. Settling Car Accident Claims in Buffalo
Most viable personal injury claims are settled with liable car insurance companies. However, this often depends on whether the evidence is sufficient to prove fault or if the other driver admits his careless conduct. If the fault isn’t clear, the insurance company may refuse to settle the claim or otherwise make a lowball settlement offer.
It may be necessary to file litigation if the insurance company refuses to accept liability for your serious injuries or otherwise refuses to negotiate in good faith. In such cases, an attorney might file car accident litigation to obtain a liability determination from the court. They might also use the legal system to demand that the negligent driver and other parties produce evidence of liability, such as photos or witness names, that they refused to provide to the insurer. In many cases, simply retaining a personal injury lawyer and filing a legal complaint is enough to show the insurance company you will not back down. Many claims are settled during the litigation process.
Contact an Experienced Buffalo Car Accident Litigator Today
The dedicated personal injury lawyers at the Steve Foley Law Firm can help you determine whether it’s time to sue. Because New York has very specific laws related to filing car accident lawsuits, it’s always recommended you contact an attorney to discuss your case. No risk is associated with calling the Steve Foley Law Firm today at (716) 356-4432 or contacting their car accident team online to schedule a free case analysis.