You can sue for a rear-end collision. Rear-end collisions often place clear fault and liability on the rear driver. However, there are some exceptions to this. It helps to clarify the details of your situation before you proceed with a personal injury lawsuit.
If you were part of a rear-end collision, a lawyer can step in to assist you with the legal proceedings that come along with a car accident in the State of New York.
The Risks of Rear-End Collisions
As the New York State Department of Motor Vehicles (DMV) shows, there were nearly 300,000 total crashes in New York in 2014 alone. Numbers like these serve to highlight just how crucial it is for drivers to practice safe driving techniques, regardless of the conditions.
If you experienced a rear-end collision because of another driver’s negligence or misconduct, then you may have the right to take legal action. A lawyer will help you navigate the legal specifications that the State of New York requires in these situations.
New York drivers can pursue compensation after a collision through their no-fault insurance. This is a claim against the insurance company of the car you were in that will provide coverage for medical expenses and lost earnings caused by the accident. To qualify for a lawsuit in this state, typically, your lawyer must be able to establish that you suffered injuries that meet the “serious injury” threshold.
Rear-End Collision Injuries
Rear-end collisions are known to cause severe personal injuries. Some common personal injuries that victims suffer in rear-end collisions include the following:
- Broken bones
- Internal organ damage and internal bleeding
- Traumatic brain injury
- Burns, cuts, and lacerations
Some personal injuries may leave you stuck in a hospital bed for quite some time. The ongoing medical treatments associated with something like a traumatic brain injury, for example, can take years of therapy to treat. Whether you suffered an injury like this or even a minor one, you should not be responsible for all of your medical bills if another driver was the cause.
How a Car Accident Lawyer Can Help
A lawyer who focuses on personal injuries and car accidents will work to recover all forms of financial compensation that you may be eligible to receive. To do so, they will collect detailed forms of evidence and seek to obtain statements from eyewitnesses who saw the accident. Lawyers will often reference photos and video evidence, police reports, and cell phone records to establish a liable party.
From here, your lawyer will build a case that supports your right to a financial award. Documentation of medical l treatments such as physical therapy, surgeries, rehabilitation programs, prescription medications, and assistive devices will be taken into consideration as your case is evaluated and your lawyer works to present compelling arguments on your behalf.
New York Statute of Limitations on Rear End Cases
If you suffered a personal injury in a car accident, there are some state-specific laws of which you need to be aware. New York Civil Practice Laws & Rules (CVP) §214, for example, explains the state’s statute of limitations. Victims of incidents that result in personal injuries in New York have a limited amount of time to file a lawsuit.
In addition to the statute of limitations, claims and lawsuits are controlled by other deadlines as well. Additionally, important items such as witness statements and dash-cam or surveillance video are best collected as soon as possible, as they can become unavailable for a wide variety of reasons.
If you were involved in a rear-end collision—or any other accident that caused you or a loved one a personal injury—it is a good idea to be aware of the potential time limitations you face. Failing to take legal action before the deadline expires can bar you from recovering compensation in court. When you retain our law firm we will make sure that does not happen. Taking into consideration all the time-related elements mentioned above, the sooner you contact us, the greater our opportunity to build the strongest case possible on your behalf.
Contact Friedman & Simon L.L.P. Today
You can sue for a rear-end collision if your case supports it, and a lawyer will assist you as you navigate the legal system. An attorney can interpret any laws that may come into play after your accident and take care of communicating with any other parties related to your incident so that you can focus on recovering from your injuries.
You have the right to take legal action after a rear-end collision. Friedman & Simon, L.L.P. will review your case. If you choose us, we will do our part to keep you updated on your case, identify liable parties, communicate with other parties related to your situation, gather evidence, and determine a value for your case. We can also assist clients in other languages.
For a free consultation, please contact our office today at (516) 932-0400.