When To Get An Attorney For A Car Accident in New York (2024)

When it comes to car accidents, the aftermath can be overwhelming.

Dealing with insurance companies, medical bills, economic damages and property damage while managing your recovery can be stressful and time-consuming.

Knowing what to do next and when to get an attorney for a car accident can be challenging.

Whether you have "minor injuries," like whiplash, or face a catastrophic injury, hiring an experiencedNew York car accident lawyercan significantly affect the injury claims process and the value of the settlement offer you may receive for your medical bills, lost income, pain and suffering, and future financial needs.

This guide will help you understand what factors to consider before taking legal action, the benefits of legal help, and tips for selecting the right law firm to handle your motor vehicle accident claim.

Additionally, we'll outline the process involved in hiring a car accident lawyer after being involved in an accident and highlight why our law firm stands out as the best choice when handling your car accident lawsuit.

If you have questions about your legal rights or want to discuss your next steps with an attorney at our firm, call212-268-3222or contact us online for a free case evaluation.

What to Consider When Getting an Attorney for a Car Accident in New York

Determining when to hire a lawyer following a motor vehicle crash can be daunting, particularly in light of what has happened.

To help you make an informed decision, consider the following factors:

The Severity of Your Injuries & Damages

Suppose your car accident resulted in injuries or significant property damage.

In that case, consulting with a qualified car accident attorney as soon as possible is crucial. Serious accidents often involve complex legal issues that require expert knowledge and experience.

  • Fender benders:For minor accidents without injuries or minimal property damage, you may not need an attorney's assistance to resolve disputes between parties or file insurance claims. However, even if you have a "minor" injury (with no immediate long-term impacts), it's still worth getting medical care and the free opinion of a personal injury lawyer before you make any decisions about your case.
  • Minor injuries can turn serious quickly, and the insurance adjusters will make any excuse not to pay you maximum compensation — they may even try to argue that not getting medical treatment made your injuries worse.
  • Car accidents with injuries:If you or a loved one sustained car accident injuries, it's crucial to seek medical attention immediately and consult with apersonal injury lawyeras soon as possible. The insurance company doesn't have your best interests in mind, and an attorney will hold them accountable and ensure they take your injury seriously.
  • Missed work and/or medical bills:If you missed time from work because of the crash or its impact on your health, if you're worried about the cost of medical treatment, or if the other driver's insurance doesn't cover your medical costs or lost wages, you need a lawyer.

Were Multiple Parties Involved?

In cases involving multiple parties, unclear liability, or disputes over damages and compensation amounts, hiring a skilled car accident lawyer becomes essential for navigating through the complexities of a lawsuit.

Our lawyers are like expert chess players; we know all the best moves to help you win your case. We're great at working through complicated situations, like when an accident involves many people or it's unclear who is at fault.

We start building your case by gathering all the important evidence, such as medical records and witness statements, and they know how to put everything together to make the strongest argument for you.

Fault Disputes & Insurance Issues: The Insurance Company is Blaming You

Obtaining a police report after an accident can provide valuable information about fault determination and other details that may impact your claim.

Is it worth hiring an attorney for a car accident in New York?

In cases where the fault of the crash is being disputed or denied, or if there are complications with insurance claims, hiring an injury lawyer becomes essential for protecting your rights and interests — especially withNew York's no-fault laws, which could seriously reduce the compensation you receive.

We've seen it all, from incorrect police reports to motorists denying fault, lying about a stop sign or red light, and even conflicting eyewitness statements. We often enlist the expertise of a crash deconstructionist and conduct a thorough investigation to shed light on the truth and navigate through negotiations with insurance companies on your behalf.

Time Limitations for Filing a Personal Injury Claim

The statute of limitations for personal injury claims varies by state but typically ranges from one to three years after the car accident injury occurred; however, New York has specific deadlines depending on who the claim is being filed against.

The statute of limitations for a car accident injury claim in New York is generallythree yearsfrom the date of the accident, perNew York Civil Practice Law & Rules § 214; however, claims involving New York State (such asMTA accidents) must be filed with a much shorter timeframe.

Consulting with a knowledgeable personal injury attorney can help determine if you are within the appropriate deadline and ensure all necessary paperwork is submitted within these time constraints.

Key Takeaway:After an auto accident, evaluating your injuries and any applicable deadlines for initiating a claim should be considered when seeking legal counsel. If the fault is disputed or insurance issues arise, having legal representation can be essential for protecting your rights and interests. Ultimately, consulting a knowledgeable attorney familiar with the intricacies of personal injury law is often free and will help you understand your legal rights and next steps.

See Also
settlement

When selecting an attorney after a car accident, it is essential to explore all potential options to guarantee you secure the most suitable representation for your case. With that in mind, let's look at some benefits of hiring an attorney after a car accident.

Benefits of Hiring a Personal Injury Attorney After an Auto Accident

For a car accident victim, hiring aqualified car accident attorneycan provide numerous benefits and peace of mind. Some advantages include the following:

  • Expertise in dealing with insurance companies:A skilled car accident lawyer understands how insurance companies operate, including tactics the insurance adjuster will use to try to minimize or deny your claim. They will negotiate for the maximum compensation on your behalf, ensuring you receive a maximum settlement. The New York City personal injurylawyers at our firmhave helped past clients recover over10X more compensationthan the insurance company's initial settlement offer.
  • Determining liability & gathering evidence:Car accidents often involve multiple parties, making it difficult to determine who is at fault. An experienced personal injury attorney will investigate the circ*mstances surrounding the crash, gather crucial evidence such as police reports and witness statements, and build a strong case proving negligence on the part of the at-fault driver.
  • Evaluating damages accurately:A knowledgeable car accident attorney can assess all aspects of your losses resulting from the incident from current and past medical expenses, lost wages due to missed workdays, pain & suffering to appropriate compensation for both current and future needs like medical treatment or rehabilitation, changes to your home to accommodate a handicap, and loss of earning capacity.
  • Filing a civil lawsuit if necessary:If negotiations with insurance providers fail or are insufficient to cover all costs associated with recovery from your car accident injuries, filing a personal injury lawsuit may be required, necessitating having an expert lawyer directly represent you during this complicated process.
  • Peace of mind:Hiring professional representation also offers peace of mind, knowing someone well-versed in navigating car accident claims is on your side. This allows you to focus on recovering from your injuries while your attorney handles all legal aspects of your case.

Key Takeaway:Hiring an experienced car accident lawyer can be invaluable for navigating the complex legal process and maximizing your chances of receiving fair compensation. An expert lawyer will protect your interests, determine liability, gather evidence, evaluate damages accurately, and file a civil lawsuit if necessary — giving you peace of mind while allowing you to focus on recovery from injuries.

Benefits of Working With a Car Accident Lawyer at Raphaelson & Levine

Editor's Note:Worried about lawyer fees after a car crash in NYC? At Raphaelson & Levine, you pay nothing unless we win. Our contingency fee setup puts award-winning legal help within reach, no matter your budget. Plus, our experience taking on big insurance companies means better settlements that cover all your costs — now and in the future.

When selecting the bestNew York personal injury law firmfor your car accident claim, reputation, resources, respect, and past results are essential.

At, we pride ourselves on our success in handling all types of personal injury cases and are committed to helping our clients recover maximum compensation.

Here's what makes our firm the best choice for car accident victims in New York:

Over 30 years of experience handling personal injury claims

Our extensive experience in handling personal injury claims for motorists hurt in a crash allows us to tackle complex insurance policies, negotiate with insurance adjusters and insurance companies effectively, and create advanced lifecare and medical treatment plans to build strong cases that maximize compensation.

$800 Million in settlements & verdicts won for our clients

We understand how crucial financial recovery can be for you and your family after a car accident. We fight tirelessly to ensure that you receive every penny you deserve for your current medical bills and expenses, lost wages, property damage, pain and suffering as well as the financial resources to cover all of your future financial needs.

Over 400 five-star reviews

Many law firms make empty promises or claim to be the best or the biggest, but the proof is in the results, and the stories past clients share about their experiences.

With hundreds of five-star reviews from satisfied clients across various platforms such as Google Reviews or Avvo Ratings, it's clear that our dedication to providing exceptional service has not gone unnoticed by those who matter most — our valued clientele.

In addition to client testimonials praising our work ethic, professionalism, and results, our experienced car accident lawyers have also received numerous accolades within the industry, including being named "Super Lawyers", "The Best Lawyers In America," and"Best Car Accident Lawyers in New York City."

MORE:View our Recent Awards

Free Consultation & No-Fee Guarantee

We understand that hiring a lawyer can be daunting, so we offer afree consultationto discuss your case.

During this initial meeting, we encourage you to ask questions and learn more about how our firm can help you. Plus, with our no-fee guarantee, you won't pay any legal fees unless we successfully recover compensation on your behalf.

If you or someone you love has been injured in a car accident in New York City, don't hesitate to contact us for expert guidance and representation.

Our qualified car accident attorneys are ready to fight for your rights and ensure justice is served.

So, Should You Get an Attorney For Your Automobile Accident?

Hiring a car accident attorney if you've been hurt in a motor vehicle crash can be beneficial in many ways — especially after you've been suffered an injury.

An experienced legal professional can offer insight into your legal rights and ensure you the best chance at recovering maximum compensation.

Hurt in a car accident? CallRaphaelson & Levine, the voice of the injured. Our experienced personal injury lawyers have the reputation, resources, and respect to get you the results you deserve.

NEXT STEP:Call212-268-3222or contact us online for a free consultation.

Howard A. Raphaelson founded Raphaelson & Levine Law Firm, P.C. in 1992 after graduating from the Benjamin N. Cardozo School of Law in New York City, NY. With over thirty years of experience as a personal injury lawyer, he has earned a trusted reputation from his peers, judges, and top leaders, including recognition among the top 5% injury attorneys as a “Super Lawyer” (Thomson Reuters) and “New York’s Best Lawyers” (New York Magazine).

When To Get An Attorney For A Car Accident in New York (2024)

FAQs

When To Get An Attorney For A Car Accident in New York? ›

In cases where the fault of the crash is being disputed or denied, or if there are complications with insurance claims, hiring an injury lawyer becomes essential for protecting your rights and interests — especially with New York's no-fault laws, which could seriously reduce the compensation you receive.

What is the average car accident settlement in New York? ›

The average car accident settlement in New York is approximately $287,000. New York's no-fault laws limit smaller claims from going to court, making the average settlement higher than it is nationwide.

How long does a car accident lawsuit take in NY? ›

This is one of the questions that New York accident lawyers field more than any other. The truth is there is no one answer, and the best estimate is that a case can last anywhere between 6 months and 6 years. Every case is completely different.

How much can someone sue for a car accident in New York? ›

In New York, there isn't a set or predefined compensation amount you can claim in a car accident lawsuit. The compensation you can pursue depends on the specific circ*mstances of the accident, the severity of injuries and losses, insurance coverage and the legal principles governing liability and damages.

How long does an insurance company have to settle a claim in New York? ›

Insurance companies in New York have 35 business days to settle a claim after it is filed. New York insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether to accept it, before paying out the final settlement.

How long do most car accident settlements take? ›

Complexity of case
Complexity of caseLength of Time to Settle
SimpleApproximately: 1 – 6 months
ModerateApproximately: 6 – 12 months
HighApproximately: 12 – 24 months+
Dec 7, 2023

How much are most personal injury settlements? ›

Here are the average settlement amounts for some of the more common types of personal injury claims in California:
  • Workers' Compensation Settlement: $5,000 – $20,000.
  • Car Accident Settlement: $20,000 – $30,000.
  • Motorcycle Accident Settlement: $50,000 -$150,000.
  • Pedestrian Accident Settlement: $40,000 – $100,000.
May 10, 2024

Can you sue for whiplash in NY? ›

Whiplash is rarely fatal and often heals in time, but it can be very painful and require costly medical treatments. You can sue for compensation for your whiplash pain and medical bills. New York follows a no-fault rule when it comes to insurance for car accidents.

Why do lawyers drag out cases? ›

Legal/Factual Issues Can Drag Out Cases

Disputes around common issues such as fault for an accident or the true cost of medical care and lost wages can cause cases to take longer to settle. These types of disputes often involve important legal and factual questions that need to be resolved before the case is closed.

Why do lawyers take so long to settle a case? ›

One of the main reasons your lawyer may be taking their time is to make sure they have all the facts, witness statements, and medical records needed to demonstrate the full extent of your injuries and the impact they've had on your life.

How much is pain and suffering worth in New York? ›

New York does not impose any statutory caps or limits on damages for pain and suffering. There is no specific dollar amount that acts as a hard limit on damages for pain and suffering. This means your damages may be as great as you see fit, at least within reason.

Can I sue for pain and suffering in NY? ›

Can I Sue for Pain and Suffering Under New York's No-Fault System? Yes, but, before you can recover any money for pain and suffering after a car crash in New York you must prove that your injuries are “serious” under our law.

What is the maximum you can sue for a car accident? ›

There is no specific limit to how much compensation a plaintiff can seek in a car accident lawsuit. Car accident victims can sue the responsible parties for the full extent of their legal damages, which can range anywhere from a few thousand dollars to over $1,000,000.

How long does it take to get settlement money from a car accident in NY? ›

Depending on your case, you can expect a check from an insurance company within 4-6 weeks after signing a settlement release. Sometimes, an insurer will include a check along with the release. There will be a stipulation that once the check is cashed, the ability to pursue higher damages is no longer available.

What happens if insurance doesn't want to settle? ›

When an insurance company refuses to settle, it may be liable for the full amount of the excess judgment after trial, notwithstanding the lower policy limits. This duty of good faith aligns the insurance company's incentives with those of its insured.

Does your insurance go up after a claim that is not your fault? ›

Under California law, an insurer cannot increase your premiums when you aren't at fault.

How much is 2 herniated disc settlement? ›

The median compensation payout for a herniated disc injury is between $80,000 to $150,000. Severe herniated disc injuries (involving major complications) can be worth more than twice this amount. Remember, we are talking about civil personal injury claims.

What is the formula for personal injury settlements? ›

The Damages Formula

The adjuster will multiply the medical special damages number by one and a half to three times if the injury is minor and up to five or more times if the injury is especially deliberating and long-term. After this number is calculated, any income lost as a result of the injury will be added.

What is the average payout for sciatica pain? ›

In our experience, the average settlement for work-related sciatica ranges from $25,000 to $80,000 (or more). Your sciatica case's value depends on many factors, including the following: The strength of the insurer's defenses to compensability.

What is the average settlement for a broken nose? ›

However, it is not uncommon for settlements for broken nose injuries resulting from car accidents to fall within the range of $5,000 to $30,000. Settlements can be higher or lower depending on the severity of the injury.

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