After an accident, it is normal to have many questions. Who will pay my medical bills? What happens if I cannot work? Will the insurance company cover my losses? Do I actually have a case?
Not every accident necessarily leads to a lawsuit. However, there are certain situations where speaking with a personal injury lawyer can help you better understand your rights and the options available to you.
Here are six signs that may indicate you should consider consulting a lawyer after an accident in New York.
-
You Suffered Injuries That Require Medical Treatment
If you had to visit an emergency room, see a specialist, undergo diagnostic testing, attend physical therapy, or continue receiving medical treatment after the accident, it may be important to evaluate how those injuries could affect your life.
Some injuries may initially seem minor but later require additional treatment or result in ongoing limitations.
In motor vehicle accidents in New York, the No-Fault system may provide up to $50,000 in basic benefits per person for certain accident-related expenses, including medical treatment and a portion of lost earnings, subject to applicable requirements.
When injuries are significant or medical treatment is ongoing, it may be helpful to understand what benefits and additional claims may be available.
-
The Accident Is Preventing You From Working
An injury can affect more than your health. It can also directly impact your income.
You may have missed a few days of work, reduced your hours, or, in more serious cases, been unable to work for several weeks or months.
In certain New York motor vehicle accidents, No-Fault benefits may cover 80% of lost earnings, subject to limits established by law.
Depending on the circumstances of the accident and the seriousness of your injuries, there may also be additional economic losses to consider.
If your accident is affecting your ability to work and support your family, speaking with a lawyer may help you understand what compensation could potentially be available.
-
The Other Party Says You Were at Fault
After an accident, the people involved do not always agree about what happened.
Another driver, property owner, company, or insurance carrier may argue that you caused the accident or were partially responsible.
That does not automatically mean that you do not have a case.
Determining liability may require reviewing photographs, videos, police reports, witness statements, accident scene evidence, and other records.
If there is a dispute over who caused the accident, it may be important to review the facts before accepting another party’s version of events.
-
The Insurance Company Offers You Money Quickly
Receiving a settlement offer shortly after an accident may sound appealing, especially when medical bills are accumulating or you are losing income.
However, before accepting an offer, it is important to understand what rights you may be giving up and whether the full extent of your injuries is already known.
Once a claim is settled and a release is signed, you generally cannot simply ask for additional compensation later because new medical expenses or complications arise.
A legal consultation can help you understand what a settlement offer means before you make a decision.
-
Your Accident Involves a Company, Commercial Vehicle, or Government Entity
Some accidents are more complicated because multiple people or entities may potentially be responsible.
For example, an accident may involve a commercial truck, construction company, property owner, employer, or government agency.
Claims involving certain public entities may also have much shorter deadlines.
In New York, some claims against cities, towns, counties, and other municipal entities may require a Notice of Claim to be filed within 90 days of the accident.
Identifying all potentially responsible parties early can therefore be extremely important.
-
Weeks or Months Have Passed and You Still Do Not Know What to Do
Waiting too long can also affect a potential claim.
For many negligence-based personal injury lawsuits in New York, the general statute of limitations is three years from the date of the accident, although exceptions and different deadlines may apply depending on the type of case and the parties involved.
In addition, surveillance footage may be deleted, witnesses may become harder to locate, and other evidence may disappear over time.
Even if you are not sure whether you want to file a lawsuit, understanding your options early can help you make a more informed decision.
Not Sure If You Have a Personal Injury Case?
Our team at Helen F. Dalton & Associates, P.C. can review the circumstances of your accident and help you understand your legal options.
Call us at 718-263-9591 to discuss your case. Se Habla Español.
