You May Be Able to Get Compensation Through a Claim or Lawsuit
Your legal team can inform you about the litigation options available to you, whether it involves filing an insurance claim with your own auto insurance, a third-party claim with the at-fault party’s insurer, or a lawsuit against the at-fault driver. You can discuss which routes you want to take based on your case’s circumstances and the amount of compensation you need to cover your damages.
Should you decide to bring a lawsuit and potentially go to trial, you might be able to win compensation for:
- Medical expenses
- Mileage for going to doctor’s appointments and other treatment services
- Wages you lost in relation to your injuries
- Pain and suffering
- Costs to recover the value of your vehicle if it was totaled
There might be other non-economic damages to pursue in a personal injury lawsuit that the state allows, such as loss of enjoyment of life. Your lawyer may explain more about what kind of damages you might be entitled to collect.
You Need to Keep Track of the Filing Deadline for Your Case
According to the New York Civil Practice Law & Rules (CVP) §214, you generally have three years from the date of your motor vehicle collision to file a personal injury lawsuit against the at-fault driver. Some exceptions might apply that might shorten the deadline, such as whether a municipality is involved, or when pursuing a wrongful death claim, so you may want to consult your legal team about how long you have to file.
If you fail to file your case by the statutory deadline, your case might be dismissed by a judge upon the defendant’s request. Your lawyer can keep track of this deadline for you to prevent this from happening.