Traffic is part of our everyday lives, whether we like it or not, and accidents are fairly common. If you are hurt in an accident, you may file insurance claims and possibly lawsuits to get financial compensation. Before getting started, ask a lawyer for help.
After a car accident, you should call for emergency help, exchange information with others at the accident scene, and speak to an attorney about getting compensation. Under New York’s insurance laws, you might not be able to sue unless your injuries meet specific legal criteria. An attorney can review your injuries and damages and help you determine if you can get your claims into a courtroom and what they are worth.
Speak to our car accident attorneys with Basch, Keegan & Spada by calling (845) 303-2748, and ask for a free, confidential case review to begin.
What Steps to Take Following a Guilderland Car Accident
Following any car accident, you should take the following steps to ensure your own safety and protect your legal interests.
Call for Urgent Help
Call for help immediately after an accident. If you or anyone involved in the accident has any injuries, call 911 and request that emergency responders be sent to your location. The 911 dispatcher may also send the police, who can investigate and render aid until medical personnel arrive.
Exchange Information with Others
While waiting for help to arrive, you should try to exchange information with other drivers, passengers, and even pedestrians who are around the accident. Get the names and contact information of any drivers involved in the collision.
If other people were near the accident and saw it happen but are not directly involved, they may still be called as witnesses, and you should get their information, too.
Speak to a Lawyer
After getting treatment for any injuries you have, call a lawyer for help. Your attorney should advise you of all your legal options, including how to file insurance claims and navigate lawsuits. They should also be able to navigate these complex legal channels for you so you can focus on recovering.
How Do You Start a Car Accident Lawsuit?
Beginning a lawsuit for a car accident will not be simple, and you should avoid trying to start any legal action without guidance from an attorney.
New York’s No-Fault Insurance Laws
In New York, drivers are required by law to have no-fault insurance. Personal injury protection (PIP) coverage may apply to your accident regardless of who caused it. Also, it does not matter if the other driver is uninsured. Your PIP coverage is a first-party claim, meaning you file a claim with your own insurer.
Limitations on Lawsuits
A major caveat of no-fault insurance in New York is that drivers may not file lawsuits for car accidents unless their injuries are “serious.” What is considered a serious injury is defined by law and generally includes permanent injuries, as described below.
Proving “Serious Injuries”
To prove that you have a serious injury that allows you to sue for an accident, you must prove that your injuries include at least one of the following:
- Death
- Significant disfigurement
- Dismemberment
- Loss of a fetus
- Fractures
- Permanent loss of bodily systems, organs, functions, or members
- Permanent consequential limitation of the use of bodily organs or members
- Significant limitation of the use of bodily systems of functions.
What Evidence Should You Have to Sue for a Car Accident?
If you have serious injuries and can file a lawsuit, your lawyer should help you gather the information and evidence necessary to prove your claims and get compensation for your damages.
Video Evidence
Video cameras are almost everywhere nowadays, and there is a strong chance one was around your car accident.
Our car accident lawyers should check the area for private security cameras and traffic cameras operated by law enforcement or the New York State Department of Transportation (NYSDOT). Footage may be deleted if we do not obtain the video files fast enough, so we should get started right away.
We should also check with other drivers at the accident scene for dashcams. If anyone had a dashcam, the footage may show exactly how the accident happened.
Photos of the Accident Scene
Drivers commonly take photos after an accident, usually to send to insurance companies as proof of damages. If you took photos after the crash, they may also be used in a lawsuit. Not only can they help us prove your damages, but you might have photographed the area around the accident, and important details that would otherwise be lost when the accident scene was cleared may be preserved.
Witnesses
Since car accidents happen on public roads and highways, there are often other drivers, passengers, and pedestrians nearby who witness the accident. While waiting for help, you should exchange information with as many people as possible. We might not know who can provide helpful witness testimony until we contact and interview these people.
Medical Records
Since we must prove to the court that your injuries meet the legal definition of “serious injuries,” your medical records will likely be necessary.
You have a right to your own medical records, so obtaining copies should not be a major issue. However, it may take the hospital time to compile all your records, so we should request copies sooner rather than later.
FAQs About Legal Cases for Car Accidents in Guilderland
Can You Sue the At-Fault Driver for a Car Accident in Guilderland?
Yes, but you must prove that you have a “serious injury” as defined by law. Only plaintiffs whose injuries include certain permanent or severe injuries, like dismemberment, significant disfigurement, or death, among others, may file a lawsuit.
How Do You Prove You Have a Serious Injury to Sue for a Car Accident?
To prove that your injuries are serious and warrant a lawsuit, we may need copies of your medical records from when you were treated after the accident. These records should fully explain the extent and severity of your injuries. We may also ask for a statement from the doctor who treated you.
What is a Car Accident Lawsuit Worth?
The value of a car accident will vary based on a myriad of factors. The damage to your car, your physical injuries, whether you can work after the accident, and non-economic damages like pain and suffering must all be considered. Many car accident cases are worth thousands of dollars or more.
When Should You Ask a Lawyer for Help After a Car Accident?
Personal injury lawsuits, including those for car accidents, must be filed no later than 3 years after the day the accident happened. As such, you should speak to an attorney for help immediately, as it may take several months to exhaust your insurance options and prepare a formal complaint to initiate a lawsuit.
Ask Our Guilderland Car Accident Attorneys About How to Start Your Case
Speak to our car accident attorneys with Basch, Keegan & Spada by calling (845) 303-2748, and ask for a free, confidential case review to begin.