How long do i have to sue after a car accident in Long Island, Montauk?
9 attorney answers
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.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
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
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.
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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 should consult with an experienced personal injury attorney as soon as possible.
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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.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
You should contact an attorney immediately. You have only 30 days to file for No Fault benefits for your medical bills and time lost from work. An attorney can protect your rights.
Assuming you have serious injuries you should contact a personal injury attorney right away to get a free consultation. Best of Luck.
Ryan M. Finn
Serving clients throughout New York State
Offering free consultations
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