Injured In Car Accident When Can I Bring A Law Suit?

When Can I Bring a Law Suit After a Car Accident? 

If you’ve been in a car accident and are wondering, “When can I bring a lawsuit?”, you are not alone. There are several issues to consider, from the statute of limitations to how to build a strong case against the at-fault driver. You can also use the information you gather to calculate your settlement amount and even get statements from witnesses.

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Statute of limitations 

When it comes to filing a car accident lawsuit, the statute of limitations is extremely important. There are three years from the date of the accident to file a lawsuit. Failure to file a suit within that time can have significant consequences and can prevent you from pursuing compensation for your injuries. 

The statute of limitations applies to both personal injury cases and property damage claims. It determines when you can file a lawsuit against a negligent driver. The deadline varies depending on the type of accident and the state where the accident took place. Some states have a one-year statute of limitations, while others have much longer. 

Building a strong case against the at-fault driver 

You can pursue additional compensation from the at-fault driver after a New York car accident if you are seriously injured in the crash. In New York, this is known as a “threshold” injury. If you have suffered an injury that meets this threshold, you may be able to obtain additional compensation from the at-fault driver and his or her insurance company. To determine whether this type of additional compensation is possible for you, contact a New York personal injury attorney. 

After a car wreck, you must document the details of the incident to support your compensation claim. If possible, get witnesses to corroborate your story. Police reports are a good place to find witnesses. 

Calculating settlement 

Calculating a settlement after a car accident can be complicated. Many factors come into play. For example, medical expenses can play a large part in calculating the amount of compensation you should receive. These can include hospital bills, doctor’s visits, and ambulance rides. It is crucial to keep detailed records of these costs. 

A lawyer will use a formula to calculate the value of your claim. The two most common are the multiplier method and the per diem method. In most cases, the amount that you receive will cover the medical bills and the repair bills associated with the accident. Pain and suffering may also be a factor. 

Getting statements from witnesses 

Getting statements from witnesses is an essential part of a successful car accident lawsuit. The best witness statements are those that are truthful and unbiased. You can do this by asking the witnesses a series of questions that will help you evaluate their reliability. You can write down their statements and have them sign and date them, or you can ask them to make audio or video statements. 

Eyewitnesses will be able to provide testimony that contradicts the at-fault driver’s explanation. Moreover, having multiple witnesses will strengthen your case. Therefore, you should look for witnesses as soon as possible after the collision, and ask them to provide you with their contact details so that you can contact them later. Remember, gathering witness testimony is a time-consuming process. It’s particularly difficult to do if you are suffering from serious injuries. 

Injured In Car Accident When Can I Bring A Law Suit? | Montag Law Office