The aftermath of a car accident can be painful and overwhelming. You may be able to pursue legal action to recover compensation after your car accident, but first you must determine if you have a valid case. Speak with a New York car accident lawyer today about your legal options after your crash.
What Damages Can I Recover in a Car Accident Case?
When you are involved in a car accident you may be able to pursue legal action to collect compensation for various expenses. A successful case can result in the following damages and more.
- Medical expenses
- Property damage
- Loss of wages
- Loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Disability
How Can I Tell Whether or Not I Have a Valid Case for My Car Accident?
There are generally three important factors to consider when determining whether or not you have a valid car accident case:
- Proof that another person or driver’s negligence or recklessness caused the accident
- Proof that the accident resulted in your injuries and/or property damage
- Proof of the impact that the accident has had on you
While there is more to it than just these, the above factors can give you an idea of whether or not you have a valid case. Drivers have a responsibility to exercise reasonable care on the road. If the driver failed to do so and it resulted in a crash that left you with physical injuries, property damage, loss of income, pain and suffering, etc. then you may be able to pursue legal action.
Other factors that are important to consider include the following.
- Statute of limitations: Every state has a time limit for car accident lawsuits, known as a statute of limitations. In New York, you must take legal action for a car accident within 3 years of the date of the crash. If you fail to file a lawsuit within that time frame you will not have a valid case.
- Comparative negligence: New York follows comparative negligence rules. This means that a court will determine what percent of fault each party is responsible for. The amount you are assigned will determine your ability to recover compensation for your expenses.
- Proof: Evidence is one of the most important parts of a car accident case. You must be able to prove that the other driver was negligent as well as offer evidence of the way you were impacted by the crash. This can include medical bills, doctor diagnoses, treatments, loss of income from taking time off work, pain and suffering, disability, and more.
- Medical attention: If you do not seek medical attention right away it could be used against you in court. The defense could argue that your injuries were not that serious or they were sustained from a different incident, impacting the chances of a successful case and compensation.
Reach out to a skilled attorney to discuss the details of your situation and determine whether or not you have a valid case.