New York Accident Laws That Can Negatively Impact Your Claim

A car accident in a busy city like New York can leave you severely injured, and multiple vehicles being involved is common due to traffic. Depending on the nature of the collision, there’s a high chance your property was destroyed or severely damaged because of the impact. Filing a personal injury claim after the accident can help you recover from these losses. 

Receiving fair compensation isn’t as simple as asking for it through a formal request. There are many factors that can affect your settlement amount, including state laws that can negatively impact it. Before you proceed, it’s important to be aware of how certain accident laws work. 

Statute of Limitations for Personal Injury Cases

One of the most important laws to keep in mind when you’re thinking about a lawsuit is the time limit that all states have placed on similar cases. In New York, you have three years from the date of the injury or its discovery to seek compensation. If you don’t take legal action during this time, you’ll lose your chance to seek compensation in court. 

While it’s reasonable that you’d want to take your time to process how an accident has changed your life, remember that building a convincing claim takes time. Not proceeding as soon as the full extent of your injuries is known could mean losing your chance to put your life back on track, especially as evidence may lose its value with time. 

New York’s No-Fault Laws

Being entitled to compensation after a car accident doesn’t always mean that you can proceed with a lawsuit. Because of New York’s no-fault law, you need to pursue compensation with your insurance company, even if another driver is considered at fault for a collision. 

It’s also true that your options for compensation aren’t always limited. This process will change if the accident caused a disability, significant disfigurement, death, or any other loss beyond the serious injury threshold. In this case, you’ll be able to file a claim against the at-fault party for all damages caused by their negligence. 

Pure Comparative Negligence Rule

It’s not uncommon for the at-fault party to accuse you of being partially responsible for an accident. If this accusation isn’t fought, your settlement will be reduced by the percentage of fault attributed to you. 

This makes it impossible for the plaintiff to receive the maximum amount of compensation. For this reason, it’s always recommended to speak with an accident attorney who can gather the evidence needed to prove the at-fault party’s negligence. 

Navigate New York Law with an Accident Lawyer

Many elements can negatively impact your settlement, and it’s impossible to know about all of them without extensive knowledge of the legal system. A lawyer at Brown Chiari LLP possesses the experience needed for a positive outcome and will make sure to provide you with the best compensation possible for your case. 

We will investigate your accident in the most efficient way possible so you’re left with no doubts. You can reach us at 716-681-7190 or by completing our contact form. We offer a free consultation and remember, no fees if we’re not successful.