I was hit straight off my bike while riding on the sidewalk by a speeding car that lost control about three weeks ago, i got some very serious damages, i was also in the hospital for three days, WHAT SHOULD I DO???
You have three years to file a lawsuit after a motor vehicle accident in NY. What you need to do first is make sure that you are seeing the appropriate doctors for your injuries and to make sure that you get better. You do not mention what your injuries are, but I would presume that you would want to see an Orthopedics, at a minimum. Next, retain an attorney immediately. The only way to get a reasonable amount from the insurance company is to be properly represented.
You should speak to an attorney immediately. You have 3 years from the date of an accident to sue, but it's always better to do things as soon as possible. Do you have a police report yet? Do you know of any witnesses?
What sort of injuries did you suffer? Are you currently under a Dr.'s care?
You should be prepared to discuss this issues with whatever lawyer you contact.
Again you have 3 years to file a lawsuit, but you should contact a lawyer as soon as possible.
Maurice J. Recchia
attorney at law
I am a former prosecutor in Suffolk County, and I now represent people injured as a result of a motor vehicle accident, medical malpractice and criminal defense cases on Long Island. While the statute of limitations is three years, it is very important that you speak with a local attorney who is knowledgeable and experienced in handling your type of case. Typically you want to notify your insurance company of the possibilty that the car that hit you is uninsured or underinsured within 30 days so that you can make the most insurance available to you. You also need to ensure you are taking advantage of no fault insurance benefits. Almost all reputable attorneys that handle these types of cases will provide a free initial consultation, and take the case on a contingency fee basis, which means you pay nothing until the attorney earns a verdict or settles the case.
You need to contact a local area personal injury attorney immediately. Most personal injury attorneys provide a free initial consultation. Go with one that you feel comfortable with and is highly experienced. You did not indicate when you had the car accident. As I am a California attorney, you should check with a New York attorney for the Statute of Limitations, but most likely it is 2 or 3 years from the date of the accident. Sorry you were injured. Best of luck.
The first thing you should do is seek all necessary medical attention. If you were in the hospital for three days, you must have some serious injuries. You also need to make sure that a No Fault application is submitted to the insurance company for the car that struck you within 30 days of the accident or you risk a denial of benefits. Under the New York No Fault laws, anyone who is injured, regardless of fault, is entitled to have their medical expenses paid for by the insurance company for that the vehicle they were in, or if a pedestrian or bicyclist, by the vehicle that struck you. The benefits cover not only the hospital bills, but any doctors or therapists that you see as a result of the accident until the insurance company examines you and determines that medical treatment is no longer necessary. If you have a vehicle of you own, or if you live with someone that does, you should also notify them of the accident and submit a notice of intention to make a claim for Supplemental Uninsured/Underinsured Benefits. For example, if the vehicle that struck you has no coverage or the state minimum of $25k/50k, you can potentially recover additional money from your own insurance company if your UM/SUM benefits exceed the amount of coverage that the other vehicle has. Your company must be put on notice within a "reasonable" time. You should consult with an attorney as soon as possible to assist you with this process, as well as to see if you have a viable claim to recover for your personal injuries, pain and suffering and any economic losses that you sustained as a result of the accident. Be aware that in order to recover any money above and beyond the No Fault benefits to which you are entitled, you demonstrate that you sustained a "serious injury" as defined by the Insurance Law. I wish you a speedy recovery and I hope this was helpful. If you have any additional questions, feel free to contact me.
You need to hire an accident attorney who will help secure coverage for your medical expenses and any other financial loss as well as make a claim for additional compensation against the vehicle that hit you. There also may be other insurance policies within your own household that can be claimed for additional compensation
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