Involvement in a motor vehicle accident may allow you to file a personal injury claim. If you’ve never been in a crash, though, you might not know whether you should talk to an attorney about your legal options.
To demonstrate another driver’s negligence, ask yourself the following questions:
Did I sustain serious injuries?
The first thing to consider is whether another individual’s actions harmed you. Minor scrapes and bruises may not merit taking legal action. However, if a crash causes significant physical damage, you might want to explore your options.
Do I have expenses related to my injuries?
Seeking a physician’s assistance is often imperative after a crash. Therefore, the at-fault party may be held accountable for your medical bills if a court believes you wouldn’t have sustained injuries if not for their actions.
What evidence do I have to show the cause of my injuries?
Although it’s not necessarily your responsibility to prove fault, a police report or witness statements suggesting the other party’s error can help support your claim.
Am I within the statute of limitations?
New York only allows you to file a personal injury claim for up to three years. You’d be wise to file your claim as soon as possible to protect your right to seek compensation.
Since the New York personal injury laws consider your assumption of risk in an accident, you don’t need to be entirely blameless to file a suit. Courts will factor your “contributory negligence” into any financial damages they award.
Your choice in the matter
While these questions can help guide your thought process, they won’t provide a legally sound answer about your rights.
Whether you try to protect your interests is your choice. If you decide to hold a negligent driver accountable, prepare accordingly.