If you’re involved in a car accident in New York, one of the first questions you’re likely to have is how long you can wait to decide about filing a claim. There are time limits you need to be aware of under New York law, and a Queens, NY car accident lawyer can help you make sure you don’t miss them.
Ask a Car Accident Lawyer: How Long Do I Have to File a Car Accident Claim in Queens, NY?
The most important legal concept to understand is the “statute of limitations.” This is the time limit set by law for initiating legal proceedings of all kinds, and it varies by the type of legal issue you’re considering bringing.
In New York, the statute of limitations for most car accident claims is three years. This means you have three years from the date of the accident to file a lawsuit against the party responsible for the accident. If you miss this deadline, you will likely lose your legal right to sue for damages.
Exceptions
There are a few exceptions to this three-year rule. If the accident results in a fatality, the deceased’s family has only two years from the date of death to file a wrongful death claim. Additionally, if the claim involves a government entity – for example, if a city-owned vehicle was involved in the accident – you must file a notice of claim within 90 days of the incident.
If minors are involved, the statute of limitations actually gets longer in some cases. It doesn’t start running until the child turns 18. There are other exceptions, so be sure to talk with a qualified lawyer right away about your case.
Read the rest of this entry »Whiplash is a common car accident injury that many people mistakenly brush off as minor: yet the pain, stiffness, and lasting effects can have a significant impact on your life. Can you get compensation for this seemingly “invisible” injury? The answer is yes, but you’ll need the help of a skilled personal injury lawyer in Queens, NY.
Ask a Queens, NY Personal Injury Lawyer: Can I Claim Compensation for Whiplash in NY?
New York’s No-Fault Insurance System
First, it’s important to know that New York is a no-fault insurance state. This means you would primarily turn to your own insurance for initial medical costs, regardless of who caused the accident. To pursue compensation for pain and suffering caused by whiplash against the other driver, you must show that you have suffered a “serious injury” as defined under New York law.
Proving a “Serious Injury” for Whiplash
Whiplash can fall into the “serious injury” category, but it depends on several factors. These include the severity of your symptoms, whether they have caused a significant disruption or limitation to your life, and the duration of your impairment.
Comprehensive medical records that document your pain, treatment, and how whiplash continues to impact you will be essential when making a claim, and it’s always best to seek medical treatment as soon as possible after an accident to establish a clear trail of medical records that can be used to prove your case.
Read the rest of this entry »People who’ve been involved in motor vehicle accidents are sometimes entitled to compensation. Generally, you can pursue damages after an accident if the accident wasn’t your fault and it caused you injuries and/or property damage. There are certain steps to take after the accident to make sure you’re compensated fully for your damages. Contacting a lawyer who specializes in car accidents in Queens, NY is one of those steps.
6 Steps to Take After Motor Vehicle Accidents in Queens, NY
1. Remain at the Scene
In New York, it’s illegal to leave the scene of an accident without exchanging information with the other driver. The information you must get from the other driver includes their insurance information, name, contact information, license plate number, and the make and model of the car. If the other driver doesn’t own the vehicle they were driving, then you should ask the driver for the car owner’s information, too.
Read the rest of this entry »Understanding what happens after you file a complaint for a slip and fall informs your next steps in this challenging situation. Review the personal injury laws in New York to navigate the court process successfully, increasing the chance of recovering a settlement for the costs of your injury.
What Happens After You File a Complaint for a Slip and Fall?
Serve Papers to the Defendant
Once you file a personal injury complaint, you’ll arrange for process service to the defendant through the court. This gives the property owner official notice about the lawsuit. Most lawsuits require face-to-face delivery of the court summons. Issues with process service can result in delay or dismissal of your case.
The defendant has a specified period (usually 20 days) to respond to your claim. After receiving their response, the court will set a hearing date. If the defendant does not respond, the court can issue a default judgment, which means the judge finds in your favor and issues a monetary award.
Read the rest of this entry »What to Do After a Motorcycle Accident
Accidents are traumatizing, potentially life-altering events that can happen at any time. The steps you take immediately after a motorcycle crash can have huge implications down the line, especially if you decide to pursue litigation for your injuries and other damages. Knowing what to do after a motorcycle accident before it happens can help you be prepared. If you’re a motorcycle rider, here are some things to keep in mind.
Steps to Take after a Motorcycle Accident
Call the Police
If the accident is minor, you may be tempted to exchange insurance information and leave the scene. This is a bad idea. Even if there is no noticeable damage, and you believe the other driver is at fault, they may file a claim with their insurance, and there will be no third-party witness to dispute. The police will create an official record of the collision that can be used to back up your claim with the insurance company or in court. Furthermore, New York State law requires you to call the police in the event of an injury or damage to a vehicle when the owner can’t be identified.
Read the rest of this entry »How Long Does a Motorcycle Accident Lawsuit Take?
Being in a motorcycle accident can turn your everyday life inside out. The process of seeking compensation for your losses is not a simple one, and many frustrated accident victims find themselves wondering, “How long does a motorcycle accident lawsuit take?” Here’s what you’ll want to know about factors impacting the timeline of a motorcycle accident lawsuit.
Length of Motorcycle Accident Lawsuit
When all you want is to move past the accident, the idea that there might be an end in sight is an encouraging one. Unfortunately, there’s no set time frame that all motorcycle accident cases follow. Every claim will progress differently depending on its individual factors, and often, those factors are beyond your control. However, one thing you can control is choosing to hire an experienced accident lawyer.
Read the rest of this entry »What Is the Most Common Motorcycle Accident?
As far as transportation methods go, motorcycles are one of the more exhilarating options. However, unlike a car, motorcycles offer no protection during a collision, leaving riders vulnerable to injury. If you were injured in a motorcycle collision in New York, it’s normal to have questions such as “What is the most common motorcycle accident?” or “Do accidents like mine happen often?” Read on to learn more about the types of accidents motorcyclists may encounter. It’s also a good idea to brush up on what to expect after a motorcycle accident, so you aren’t left in the dark should you be involved in one.
Motorcycle Accident Causes
Motorcycles are smaller than the vehicles they share the road with, which means other drivers may have difficulty seeing them, especially if they’re distracted. The most frequently recorded collision types involve another vehicle, and no matter how cautious a cyclist is, they could still be injured due to another driver’s actions.
Read the rest of this entry »What to Expect After a Motorcycle Accident
A motorcycle accident can happen in an instant, and even the most prepared riders can find themselves in a dangerous situation beyond their control. While being in an accident is often a shocking and terrifying experience, the aftermath can be intense in a different way. Keep reading to learn what to expect after a motorcycle accident and what actions you should take.
Step-by-Step Guide: After the Accident
Every motorcycle accident is unique, with various factors that must be considered when determining how to proceed. Still, there are some best practices you’ll want to heed to protect yourself and increase your chances of receiving any compensation you’re legally entitled to following the crash.
Read the rest of this entry »What to Do After a Slip and Fall Accident
Slip and fall accidents are common occurrences in a city as busy as New York, and one can happen when you least expect it. It’s important to know what to do after a slip and fall accident so you can be prepared to act quickly. A slip and fall injury attorney can provide support and build your case so you can focus on what’s important: your recovery.
Seek Medical Attention
The first thing you should do after suffering an accident is to seek medical attention. Common types of slip-and-fall injuries include cuts, broken bones, traumatic brain injuries, spinal cord injuries, and head and neck injuries. Even if you don’t think you’re hurt, medical professionals can determine whether you’ve suffered injuries that may not be immediately noticeable, such as internal bleeding or a concussion.
It’s important to get treatment quickly so you can prevent potential injuries from worsening. Make sure to follow the advice of your doctor and show up for any recommended follow-up treatments.
Read the rest of this entry »How Are Slip and Fall Settlements Calculated?
Slip and fall accidents send over a million Americans to the emergency room yearly. It’s a leading cause of accidental injury. A serious injury from a fall can result in lost wages, life-altering disabilities, expensive medical, and a host of other significant harms. If you’re dealing with the aftermath of a fall, you’re probably asking yourself, how are slip and fall settlements calculated? While final settlements are hard to predict accurately, here are a few factors that come into play. Our personal injury attorneys in Queens, NY are familiar with the factors that are considered in New York slip and fall settlements.
Calculating Slip and Fall Settlements
Under New York State law, the person who owns or controls a property has a duty to ensure that the premises are in a “reasonably safe condition.” If someone is injured while on another person’s property due to the negligence of the property owner or their employees, that person is entitled to damages. This is known as “premises liability.”
The exact amount of those damages is primarily based on the actual injuries, financial burdens, and other harms caused to the injured party. If the plaintiff also bears some fault for his or her injuries, the final settlement will also be adjusted based on the principle of “comparative negligence.”
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