Should you use a lawyer for your car accident?
Car accident lawyers consider a number of factors when determining whether you have a case. Not every accident would warrant using a car accident lawyer. In fact, some claimants are better off not using a lawyer. This is true when damages are slight. The following are some of the major factors to consider if involved in a car accident.
Physical Injuries
If injuries are minor, you are probably better off going through your insurance company to recover compensation for damages. The cost of an attorney would be too much and it is not likely that an attorney would take your case. If your vehicle was the only type of damage, your insurance company should be able to cover the expense for repair.
Establishing Fault for Causing the Accident
If you were the party mostly at fault for causing the accident, an attorney would not be able to pursue a case for you. However, if the other party was mostly at fault, then legal action would be possible. This is true if there were significant damages. Under New York law, the court assigns a percentage of fault to each party. Whatever percentage of fault the court attributes to you will reduce the amount of compensation you can receive.
Time Limits on Bringing a Legal Claim
One of the first questions car accident lawyers ask is: when did your accident occur? The reason for asking is that time limits exist on bringing a legal claim against the party that caused the accident. In New York, a statute of limitations is the type of law that sets a time limit for taking legal action. Based on the legal claim for a car accident, the following are the statutes of limitations:
- Car accident injury lawsuit. If you are a driver, passenger, pedestrian, motorcycle rider or bicycle rider, you have three years from the date of the accident to file a lawsuit.
- Vehicle damage. To file a lawsuit to recover vehicle damages, you have three years from the date of the collision.
- Wrongful death. If a car accident resulted in the death of a family member, you have two years from the date of the person’s death to file a lawsuit. This date might be different from the date the accident occurred.
If the statute of limitations has expired, the attorney will not be able to take legal action on your behalf.
Consult with car accident lawyers to find out if you have a case.
To arrange a free consultation, contact the Law Office of John Fazzini. We will evaluate the factors involved with your accident to find out if you have a viable case. Call us at (631) 547-8989 or reach out to us through our contact form.