What to do After a Car Accident in NY
Understand Your Rights with a Schenectady Personal Injury Attorney
If you or a loved one has suffered injury in a car accident, you may be wondering what steps to take next. Friends, family members, or insurance companies may offer their advice, but is their advice sound? Is it in your best interest? Is it based off of years of experience and knowledge or off of a hunch?
You may trust those around you, but in the event of a car accident, there are many legal complexities that most people are not aware of or do not understand. Violating or improperly handling any of these complexities could lead to further complications or could even damage your right to receiving compensation for your injuries and damages.
Protecting your rights after a car accident is crucial. You have already been harmed by the hands of someone who acted carelessly, so do not subject yourself to more harm simply because you have been misinformed by someone who offered their words of advice in good intention.
You have rights under New York's laws, so protecting them with a Schenectady personal injury attorney at DeLorenzo, Grasso & Dalmata can help you avoid paying for further financial, emotional, and physical burdens.
How DeLorenzo, Grasso & Dalmata Can Help Your Car Accident Claims
Laws that surround car accidents tend to vary state to state, and taking action against someone who caused your accident must be done carefully. Violating one of these rules could greatly jeopardize your likelihood of seeking compensation for any negligible acts committed against you. Read through the list of general rules that we have explained below.
New York's No-Fault Laws
New York operates under a no-fault law. Enacted in 1973 as the Comprehensive Automobile Insurance Act, the law was originally designed to offset the number of car accident claims crowding New York's court system. The idea behind the act was to compromise the originally time-consuming car accident lawsuit and guarantee money to injured parties in a car accident despite who was at fault.
Today, the no-fault policy awards any injured parties bare minimum compensation for crash-related expenses, such as lost wages, medical bills, and doctor visits. No-fault insurance plans do not cover emotional pain and suffering.
New York's Statute of Limitations
Filing a car accident lawsuit in New York can be surprisingly difficult. Despite the no-fault law's intention to make car accident claims quick and cheap, they can still be challenging, especially if you are unfamiliar with legal procedures and laws. New York imposes a statute of limitations—or a time restraint—on filing car accident claims.
If you do not file within three years of your accident, you will lose your right to attaining compensation for your damages and injuries. Calling a Schenectady accident lawyer immediately following a collision can therefore increase your chances of getting compensation for additional pain and suffering you may have sustained.
Settlements offered by insurance companies are not in your best interests.
Insurance companies are not looking out for your best interests. Immediately following your accident, an insurance company may offer you a settlement. Many times, however, the full extent of your injuries does not manifest immediately.
For example, a car accident may cause head trauma that is not realized or felt until months after. Imagine having to pay the medical bills for a head injury, simply because you acted too quickly! If you do not understand that you have plenty of options in settlements, accepting an early settlement offered by your insurance company could give up your right to earning more compensation for damages, including pain and suffering.
Proving Liability
Proving liability is difficult, and insurance companies will do everything in their power to fight liability claims. If you suffered personal injury in a car accident, you need to preserve your rights by documenting everything, including police reports or time taken off of work. Exchange insurance information with other drivers involved, including documenting their license plate numbers and driver's licenses. Speaking to witnesses who saw the accident, taking photos, and keeping medical records of any diagnosis or bills could be beneficial to proving liability as well. Finally, consulting a personal injury attorney in Schenectady could be your greatest asset when trying to prove liability.
Accidentally violating rules could cost you.
Proceeding in your car accident claims without legal representation sets you up for potential disaster. Representing your case improperly will result in your claim getting barred from the courts and attaining compensation for injuries or pain and suffering could become impossible. You only have one opportunity to seek compensation, so choosing an accident attorney can be your best bet at securing the most optimal resolution to your damages.
Contact DeLorenzo, Grasso & Dalmata after your accident!
At DeLorenzo, Grasso & Dalmata, we have 150 years of experience and have been serving the Capital District area in personal injury matters since 1959. We proudly represent injured victims throughout Schenectady, New York. If you or a loved one has been injured in a car accident and do not know what to do next, you are not alone. We have helped many clients through their personal injury claims, and have secured millions in verdicts and settlements.
If you are seeking an honest evaluation of your case and wish to discuss your options for settlement, contact our firm. Your consultation is free, and because we make ourselves available to our clients 24 hours a day, 7 days a week, you can feel free to call a Schenectady car accident lawyer at the firm at any time to schedule an appointment.