Anger is understandable when another party’s negligence leaves you seriously injured. However, you have many decisions to make in the coming days.
Before you set your mind on litigation, look at your situation realistically to determine if a lawsuit is the right option. You can start by asking yourself some questions.
Are you eligible for a lawsuit?
Unlike most states, New York has no-fault accident compensation laws. Essentially, this means you must look first to your own insurer for injury compensation. However, when your harm is severe and permanent, you may have the right to seek restitution from the other driver’s insurer or through an injury lawsuit.
Can you meet the demands of litigation?
Filing an accident insurance claim can be complicated in and of itself, but it is usually minimal compared with the complexities of a lawsuit. Generally, seeing litigation all the way through requires substantial effort and time, not to mention a considerable financial contribution. Ensure you are physically and mentally ready to manage a complex lawsuit.
Are you prepared for less compensation?
Money may be the last reason you want to litigate your car accident, but it is wise to consider the financial implications regardless. Even if you win, you could end up with less than an insurance claim may have yielded once you account for your legal and other expenses. You may discover you really needed the money you lost to continue receiving medical care.
You have three years to address your car accident losses in New York. Consider using a portion of that time to seek guidance and determine the wisest course of action based on your unique needs.