Category:

When a loved one dies due to negligence, seeking justice is crucial. Filing a wrongful death claim holds the responsible party accountable, prevents recurring harm, ensures financial stability for surviving family members, and brings peace and closure in the face of injustice. But how long does a wrongful death lawsuit take?

Contact Hill & Moin LLP for legal assistance in seeking fair compensation for your wrongful death claim. We offer free consultations.

When you choose Hill & Moin LLP to represent your wrongful death lawsuit, it’s like having “a lawyer in the family.” Call us today at (212) 668-6000 to learn more in a free case evaluation.

What Is the Average Length of a Wrongful Death Lawsuit?

Wrongful death lawsuits are unique. Some cases may only take months to settle while others can take two to four years to resolve.

A wrongful death case is a complicated legal process that cannot be hurried, but an experienced attorney can devote the necessary time and attention to settle wrongful death claims. The right wrongful death lawyer for you will be equipped to handle the various aspects of your suit, whether negotiating with an insurance company or relating another personal injury claim or lawsuit to your case.

Why You Should Not Be in a Hurry to Settle a Wrongful Death Lawsuit

In wrongful death cases, we understand the desire to settle things quickly. It’s natural to be concerned about how long the lawsuit may take.

After losing a loved one, financial struggles can hit hard. The future may seem uncertain if your family relied on the deceased person as the main provider.

Settling a wrongful death suit fast might seem like the best option. It can help cover immediate bills and keep your family out of debt. But you also need to consider the long-term benefits of being patient. A quick wrongful death settlement may offer immediate relief but is not a lasting solution, for the following reason.

Insurance Companies Are Not on Your Side in a Wrongful Death Case

Insurance companies want to pay as little as possible in wrongful death settlements. They often start with a low offer, hoping people will accept it. This process consumes time.

Do not be fooled by this tactic. The initial amount offered is most likely less than what your family deserves. While money can never bring back your loved one, getting the maximum compensation you are entitled to receive is essential for your family’s future.

An experienced lawyer can estimate the amount of compensation you are entitled to and fight for that sum on your behalf. Meanwhile, you can focus on taking time for yourself and your family.

Why Might a Wrongful Death Case Go to Trial?

When a wrongful death claim cannot be settled out of court, the case moves to a trial. Insurance companies may not agree with you on how much should be paid as a wrongful death settlement. The disagreement may be related to what is deemed reasonable funeral and burial expenses or lost wages.

During the trial, the jury listens to the evidence presented by the law firm working on your behalf or that of your personal representative. The jury decides on a fair and reasonable amount for the family members.

The jury looks at the harm caused and whether the death happened because of a crime or a medical mistake. In those situations, the jury might decide that the person responsible should also pay punitive damages.

Punitive damages serve as a form of punishment that can be awarded in certain cases, such as medical malpractice or car accidents involving negligence. This additional penalty serves to hold the defendant accountable for his or her reckless behavior.

What Is Involved in a Wrongful Death Lawsuit?

A wrongful death lawsuit comes into play when a person passes away because of someone else’s negligence. The case may not be settled out of court. This means the surviving family members can bring a wrongful death trial to seek justice.

In such wrongful death claims, the court or a jury decides how much compensation the surviving family members should receive. This amount is calculated by considering various factors such as:

• Victim’s age
• His or her health
• How much the deceased could have earned
• Duration he or she could have lived
• How the deceased supported his or her family
• Mental anguish of surviving family members

What can you do to ensure that you get just compensation in the wrongful death lawsuit? First of all, speak to a lawyer straight away.

Why You Should Get Help From a Lawyer

There are several steps to take when it comes to a wrongful death lawsuit. In any case, though, the process starts with the deceased’s personal representative reaching out to a knowledgeable lawyer.

Wrongful death attorneys can guide you through every phase of the legal process. Your lawyer can ensure the wrongful death lawsuit is filed before the deadlines pass and identify who should be responsible for your loved one’s death. This way, you can seek the right amount of compensation for the harm and mental anguish caused.

Although wrongful death cases end eventually, the journey for injured victims seeking justice and fair compensation can be challenging. However, with the right legal support, you can overcome the legal process and work towards finding closure.

Working with a lawyer also makes it possible for you to respond to an unsatisfactory offer with a strong appeal and achieve justice. For example, if the compensation amount awarded is not satisfactory, you have the right to appeal the decision. You can seek a larger, more fair wrongful death settlement.

What Circumstances Can Affect the Timeline of a Wrongful Death Case?

While you realize it takes some time to settle a wrongful death case, you may wonder, “How long does a wrongful death lawsuit take?”

The answer is: It varies. While one case may take just a few months, others can be more drawn-out and complicated. Factors such as determining fault, proving liability, agreeing on fair compensation, or whether a crime was involved may increase the time needed to settle the claim or case.

Determining fault

One of the first necessary steps is to determine who is responsible for the death. It may not always be clear-cut who is at fault. There may be more than one party responsible. Difficulty establishing the liable party can affect how smoothly the case progresses.

Proving liability

You may feel certain you know who is responsible, but in a legal case, you must prove liability. To do this, you need as much evidence as possible to support your claims. Once liability is established, the next step is to seek a reasonable settlement.

However, the other party might try to create reasonable doubt, casting uncertainty on his or her responsibility. Wrongful death attorneys can effectively gather and present strong evidence to ensure you receive the compensation you deserve.

Vying for a certain amount

The amount of money sought for compensation can also change the timeline, especially if the case involves dealing with an insurance company. At times, the insurer might dispute who is at fault, which can further prolong the process.

Criminal action

If the victim’s death resulted from a criminal act, this could complicate the timeline. Additionally, suppose there is evidence suggesting that the person who passed away was partially responsible for the accident that caused his or her injuries and death. Such factors can influence the length of time it takes to resolve a wrongful death claim.

Other Factors That Complicate a Wrongful Death Case

Wrongful death cases can be quite complex for several reasons. What factors can add to the challenges of these types of cases?

Family grief

Though the family members are already dealing with grief, some may be forced to buckle down and focus on legalities. This is truly an inconvenient time to learn complicated laws and procedures regarding their loved one’s passing.

Need for witnesses

Another reason for the complexity of a wrongful death lawsuit is that the evidence in these cases may not be straightforward. Sometimes, numerous witnesses are required to testify to support the plaintiffs’ claims. It takes time to track down eyewitnesses and secure the testimony of experts.

Victim’s share in the accident

If there is cause to believe that the victim may have had some involvement in his or her own demise, this can further complicate matters.

For example, it could be that the deceased passed away in a car accident where he or she was driving slightly over the speed limit, but the other driver was drunk.

In such a situation, it’s harder to determine who should be held accountable or how the liability should be portioned out. Thus, the wrongful death case may take some time.

Insurance companies

An insurance company may be involved in settling wrongful death claims. For example, when someone’s spouse passes away, the surviving husband or wife may need to deal with an insurance company. This often happens after an accident or personal injury is caused by a wrongful or intentional act.

The insurance company is responsible for assessing the situation and determining whether the surviving spouse can recover damages. Sometimes, insurance companies may not respond or cooperate, and that can make things difficult.

Estate process

After a person’s death, his or her belongings and property become part of the deceased person’s estate. Most wrongful death claims aim to financially compensate the family left behind. Typically, you do not need to pay taxes on the compensation received from wrongful death suits in New York, though this may differ in other states.

However, the exact rules can vary, so consult a legal expert to understand how taxes may or may not apply in your situation. This way, you can follow the legal process and receive the correct compensation without unnecessary tax burdens on the deceased’s estate.

How to Determine the Amount of Compensation to Seek

In a wrongful death claim, various types of damages can be sought to compensate for the losses caused by a wrongful act, such as medical malpractice or negligence in a car accident. Some of these damages aim to cover the expenses the person incurred before passing away, like medical bills.

Additionally, the family may seek to recover damages to help address the financial impact of funeral expenses and the mental suffering caused by the wrongful act. Most of the damages are awarded to the family members who are left behind.

These damages cover things like:

• Funeral expenses
• Burial expenses
• Money the person would have earned if he or she were still alive
• Support and services he or she provided to his or her family
• Loss of guidance, love, and companionship the deceased offered
• Mental suffering the family is experiencing

Awarding damages aims to help the family cope with the loss and hardships of a loved one’s death. Consulting a lawyer can help establish the value of your case.

How Solid Evidence Helps Your Case

In a wrongful death case where the defendant acted negligently, evidence must be gathered from the accident scene that shows how the personal injury resulted from the defendant’s negligence.

In personal injury cases, one key element is proving that the defendant breached the duty of care. A breach means he or she failed to fulfill a responsibility to keep others safe.

Evidence can take different forms, such as:

• Medical records
• Pictures
• Witness statements
• Death certificate

When negligence leads to death, the family may seek legal assistance from a law firm specializing in wrongful death cases. Your lawyer can help to gather essential evidence for your case.

Under New York law, evidence can be used to build a strong criminal case or a suit in a civil court. These cases aim to compensate the surviving family members for losses, including funeral and burial expenses and the emotional impact of losing a loved one.

The evidence gathered strengthens your case and helps figure out how much money should be recovered for:

• Medical bills
• Lost wages
• Income the person would have earned if he or she were still alive

What is the Time Limit to File Wrongful Death Lawsuits in New York?

Each state has a specific time limit for legal action in a wrongful death case. In New York, you generally have only a few years from the date of the loved one’s death to file a wrongful death lawsuit.

Consult an experienced wrongful death attorney in New York if you are unsure about your case or need more time. You may get a statute of limitations extension in certain situations.

If you only discovered the cause of your loved one’s death after his or her passing, the “discovery rule” can come into play. It must be proven that you did not know the cause of illness or injury before your loved one died. If the court agrees, the time limit to file a wrongful death lawsuit can be counted from the date when you find out the cause of death rather than the actual date of death.

Get Help With Your Wrongful Death Lawsuit

Untimely deaths are tragic. Sudden and avoidable deaths happen daily from many different causes. Across the US, it’s estimated that more than 250,000 people die each year from medical errors alone.

When someone you love dies because of someone else’s mistake, take immediate action. You need to find out what to do.

To help you with this, we offer free evaluations to help families understand their legal choices and gather information to make suitable decisions.

Contact the New York law office of Hill & Moin LLP to schedule a free consultation with us regarding your potential wrongful death lawsuit. Our team members can listen to and guide you without pressure or obligation. Many clients have said having our firm represent them feels like having “a lawyer in the family.”

Join the family. Complete the contact form or call us today at (212) 668-6000 to learn more about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

Comments closed

A.Y. was on his daily commute to work and was heading to a bus stop. He slipped on icy snow that fell the previous day. As he was approaching the bus stop, he slipped and fell due to ice. This fall resulted in A.Y. suffering injuries to his left leg, requiring months of physical therapy.

A colleague recommended Hill & Moin LLP, a law firm with Russian speaking staff. He met with the attorneys who answered all of his questions about the legal process. They also addressed his many concerns. Upon being retained by A.Y., Hill & Moin immediately began working on his case. They litigated and negotiated with skill and diligence which resulted in a settlement of $175,000.

When A.Y. was informed of the settlement, he was delighted. He was impressed with all the hard work that Hill & Moin put into his case. A.Y. plans to use some of his settlement proceeds to purchase an apartment.

Comments closed

While working as an electrician, R.R was injured due to an unsteady ladder. After going to the hospital, the doctors determined that he had sustained a torn ACL. Following his traumatic injury on the job, R.R was determined to pursue legal representation. R.R performed a diligent online search and came across Hill & Moin. After meeting with the attorneys, R.R knew he would be well taken care of at Hill & Moin. He was very pleased when he heard that the attorneys had settled his case for $250,000 and is grateful for the hard work and successful negotiations. The lawyers and staff were terrific and made certain that he was informed of all relevant information as the case progressed. Great job, Hill & Moin!

Comments closed

D.G. was a child in a camp program. He had been attending this camp program for a few years. An incident had occurred in which a counselor grabbed D.G.’s finger. As a result, he suffered a fracture to his left index finger. His injury resulted in the need for surgery and physical therapy.

D.G.’s mother began her search for legal representation. A colleague recommended the law office of Hill & Moin. She called their office for legal consultation. Their office immediately scheduled an appointment and met with her. They explained the legal process to her and expressed confidence in their ability to attain a satisfactory outcome in her son’s case. After litigating, even in the midst of a pandemic, including months of negotiations, D.G.’s case was settled for $120,000, for the very happy teenager.

When D.G.’s mother was informed of the news, she was delighted. She described the law office as being extremely helpful throughout the case. She stated that she highly recommends Hill & Moin LLP for those in need of legal representation following a serious personal injury in New York.

Comments closed

L.S was on her way home and was exiting the subway when she was caused to fall by broken concrete on the platform. L.S fell, landing on her hand and fracturing her wrist. Seeing her limited ability to perform everyday activities, L.S decided to seek legal representation. She was highly recommended to Hill & Moin by another esteemed attorney who advised her that Hill & Moin were highly skilled litigation and trial attorneys. L.S could no longer properly care for her sick husband during her period of incapacity and rarely left her home. The attorneys fought tirelessly for her settlement, and she was delighted when she heard her case was settled for $275,000 against the Transit Authority in less than two years. L.S could not have been more pleased with the attorneys and staff at Hill & Moin and now will be able to pay off the bills that accumulated during her recovery.

Comments closed

A.K was attempting to fix some of the unsafe conditions at his workplace on a defective unstable ladder, which slid out from beneath him. This fall caused him to suffer shoulder, back, knee, and foot injuries. A.K was referred by a respected attorney to Hill & Moin. After seeing Hill & Moin’s willingness to assist their clients, A.K knew he had the right team. Due to his injuries, A.K was unable to return to work for an extended period of time. The firm aggressively litigated the matter during the pandemic years and were able to settle the case for $710,000, to A.K’s amazement. A.K plans to save his money now that his case has settled.

Comments closed

Nobody files a car accident lawsuit planning to lose. Unfortunately, you may think the evidence clearly shows you are not at fault for what happened, but the judge or jury may see it differently. The final ruling may not be in your favor.

Knowing what happens if you lose a car accident lawsuit can help you prepare and respond accordingly. This article will discuss some reasons why a car accident case may be unsuccessful and what to expect if you lose.

When you have trusted car accident attorneys on your side, your chance of losing decreases. Our law firm, for one, has over 40 years of experience in handling car accident cases. We know what it takes to win.

When you choose Hill & Moin LLP to represent your case, it’s like having “a lawyer in the family.” Call us today at (212) 668-6000 to learn more in a free case evaluation.

Do Car Accident Cases Always Go to Court?

Car accident claims are a type of personal injury case. The majority of car accident cases do not go to trial. In fact, the most recent available statistics show that up to 95 percent of all personal injury cases may be settled out of court.

Most car accident cases are settled through negotiations with the insurance company. It often costs insurance companies more money to prepare for trial and go to civil court than to reach an agreement during negotiations. Also, if you win the case, the insurer will be forced to pay you the settlement amount you requested.

Typically, car accident lawyers are skilled negotiators. We know what is needed to get maximum compensation for our clients without having to go through the time and expense of a trial.

Why Do Car Accident Cases Go to Trial?

While most motor vehicle accident cases are settled out of court, there are some situations in which your personal injury lawyer may advise you to file a lawsuit.

Typically, a car accident case may go to trial for one of these reasons:

• You and the other party cannot come to an agreement as to who is at fault
• You and the other party cannot agree on fair compensation

Even after a car accident lawsuit is filed, a settlement can still be agreed on before the case is presented to a judge. Being willing to go to court and prepare a claim for trial may be enough to pressure the insurance company into making a more serious offer.

The Stages of a Car Accident Lawsuit

If you are unable to come to a fair settlement agreement by means of out-of-court negotiations, your lawyer may suggest that you file a lawsuit. If you have never been to court or involved in a personal injury lawsuit before, you may be nervous and unsure of what to expect.

The following is a brief summary of the legal proceedings of a personal injury case, such as a car accident:

• Discovery: During this stage, your legal representative will collect evidence and interview eyewitnesses. He or she will research statutes and laws that apply to your claim and work to build a strong case.

• Negotiations: While preparing your case, your lawyer will continue to negotiate with the defendant and the insurance company to reach an out-of-court settlement.

• Trial: This stage is where your attorney will present your argument in court and provide evidence supporting your claim.

• Verdict: The last part of the lawsuit process is when a verdict is announced and you learn whether or not you have won your case.

Reasons for Losing a Car Accident Lawsuit

Each case is unique, and there are various reasons why a person may not win a car accident case. The following are some reasons a person may lose a car accident lawsuit.

Not hiring a personal injury lawyer

When accident victims try to represent themselves in the legal world, they may come to realize how difficult it is to handle a personal injury case on their own. There are documents that must be completed in a specific manner. Both plaintiffs and defendants need to meet tight deadlines.

Time and hard work are required to compile evidence to prove or defend your case and then present it in a convincing manner in court. What’s more, knowing when to accept a settlement agreement is an important part of any car accident case. It requires legal knowledge, experience, and skill to successfully negotiate a fair claim.

Presented evidence

As the victim, the plaintiff presenting the case, compelling evidence must support your claim for compensation. Insufficient evidence could lead to the court ruling in favor of the defendant.

The following are examples of evidence often used in car accident cases:

• Police reports
• Medical records
• Video surveillance or dashcam footage
• Testimony from accident reconstructionists, medical professionals, engineers, or other experts

If you are the defendant, the burden of proof is not on you. It will be up to the plaintiff to prove you were the at-fault driver. If he or she presents compelling evidence and the court rules in the plaintiff’s favor, you will be on the hook for damages.

Honesty and credibility

It is vital to be open and honest with your lawyer about the circumstances of the accident. Don’t hide information about past accidents, injuries, or anything else that could catch your attorney by surprise in court.

The judge and jury are more likely to rule in your favor if you appear credible in court.

Some ways to bolster your credibility are:

• Being polite and respectful in court
• Dressing in a dignified manner
• Cooperating with the investigation
• Answering all questions honestly

Contributory negligence

You can be the victim of a collision while also having contributed to the accident to a certain extent. The legal term for this is “contributory negligence.” This means that it is possible for multiple parties to share some degree of fault for any accident.

When you are partially to blame for the motor vehicle accident, you may recover less than the full amount of damages or be denied any compensation whatsoever.

If the other party accuses you of contributory negligence, your lawyer can work to fight back and present your side of the case so you do not lose out on your chance at compensation.

Social media

Car accident victims may be tempted to vent their frustrations on social media. This is actually one of the most common mistakes car accident victims make. If you are involved in a lawsuit, what you post on social media could be devastating to your case.

Social media platforms are public forums, and anything posted on them is admissible in court. For example, a post that shows you engaging in an activity that contradicts your injury claim could cause you to lose your case.

It’s also possible to unintentionally post something that gives away your attorney’s legal strategy or complicates your case.

The Consequences of Losing a Car Accident Lawsuit

What happens after you lose a car accident case depends on whether you are the plaintiff or the defendant.

As the plaintiff

The plaintiff in a car accident case is the party filing a lawsuit against the defendant in seeking damages. A plaintiff may lose his case if he played a role in the accident or was unable to provide sufficient evidence proving the defendant was at fault.

If you suffered injuries in a car accident and lost your lawsuit, you will probably not receive financial compensation to cover your medical bills, lost income, pain and suffering, and other damages. You may be left to cover these expenses out-of-pocket.

Most car accident attorneys work on a contingency fee basis, which means that they do not receive payment unless they obtain a settlement for their clients. If you do receive a settlement, your lawyer takes a percentage of the amount you were awarded. This means that, if you are not awarded any money or only receive partial compensation, you will not pay outrageous legal fees.

As the defendant

The defendant in a car accident case is the party being accused of recklessness or negligence. When a defendant loses a lawsuit, that party is liable to pay the injured person money for damages. If the defendant loses, it is the insurance company that must cover the plaintiff’s medical expenses, lost wages, and so on.

What happens if the defendant is uninsured or the insurance company legally rejects paying compensation? The financial burden of payment will fall solely on the defendant.

What if the defendant does not have the cash or assets to cover the costs of damages? Both parties may agree to a payment installment plan. When an agreement cannot be reached, a person or company may have property seized by law enforcement and auctioned off. Those who do not have valuable property could have a portion of their wages garnished until the debt is paid.

Losing a Car Accident Lawsuit Can Cause Financial Challenges

Regardless of which side you are on, losing a personal injury lawsuit after a car accident can cause financial hardship. It may become challenging to cover the costs of rent, food, and other basic necessities.

Those who have lost a car accident case may need to:

• Apply for a loan: After losing a car accident case, you may need to take out loans to pay off your debts. Losing a lawsuit is on public record and may make it difficult to get a loan or cause creditors to charge you high-interest rates if you are approved.

• Get a second job: Even if you already work full-time, you may need to take on a second job to cover medical expenses, pay case costs, or take care of other bills.

• Make financial sacrifices: The financial toll of losing a lawsuit may force you to downsize your home, sell your vehicle, give up expensive hobbies, or make changes to your lifestyle and the way you spend your money.

• File for bankruptcy: Losing a lawsuit may cause such a financial strain that a person may be forced to file for bankruptcy. While this option does give you a chance to wipe your debts and start over financially, it could also force you to liquidate your assets and make you ineligible for future loans.

Hiring a Car Accident Lawyer Could Help You Win Your Case

After being involved in a motor vehicle accident, you do not want to risk having to pay expenses out of pocket and being left in a difficult financial situation. Your attorney will work hard to ensure your rights are protected throughout the entire legal process.

Your car accident lawyer will take the following steps to help ensure you win your case:

• Calculate damages: An experienced personal injury attorney will be able to accurately determine the value of your car accident claim. If your damages are not properly calculated, you could end up paying for expenses out of pocket even if you win your case.

• Prove liability: The success of your lawsuit will depend on whether you can prove liability in court. Experienced personal injury lawyers know what is needed to prove their client was the victim of negligence.

• Support the case with evidence: Car accident lawsuits are only as strong as the evidence provided. Your lawyer can conduct a thorough investigation of your case and gather sufficient evidence that connects your injuries to the auto accident.

• Meet important deadlines: A lawyer’s knowledge of legal deadlines is another important reason to have a legal representative on your side. Car accident lawsuits have a statute of limitations, and an attorney can make sure everything is submitted on time.

• Litigate your case: A car accident lawyer will skillfully litigate your case in court, presenting all available evidence in a strategic and convincing manner. He or she will answer any questions you have and keep you updated on the court’s proceedings.

Let Us Help You Help With Your Car Accident Case

At Hill & Moin LLP, we do not want you to go through the stress of what happens if you lose a car accident lawsuit. When we take on a car accident case, it is because we are confident that we can win. So when you work with us, you can have peace of mind from knowing that your lawsuit is in good hands.

Our law firm has been representing accident victims for over 40 years. We have litigated and won many car accident cases for clients over the years.

Our personal injury lawyers care about the people we help. In fact, many of our clients have said that when you choose Hill & Moin LLP to represent you, it’s like having “a lawyer in the family.”

Join the family. We offer all potential clients a free consultation. Complete the contact form or call us today at (212) 668-6000 to learn more about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

Comments closed

H.K was preparing for a busy week as a cook in a local daycare when she fell on an uneven sidewalk. She landed onto her hand and wrist, furthering a previous injury. Amidst her recovery, H.K was determined to seek legal representation. The plaintiff was highly recommended to Hill & Moin by another attorney. Although she did speak with other firms, H.K knew after meeting with the attorneys that she would be well taken care of at Hill & Moin. Consequentially, the attorneys at Hill & Moin began the process of litigation for the plaintiff’s case. H.K was truly suffering with her injury, as her husband was unable to effectively help her at home. However, H.K had no choice but to return to work. The plaintiff expressed that despite having additional help at work, she still struggled to cook with her injury. The attorneys succeeded in settling H.K’s case for $250,000. The plaintiff has expressed that she was very happy with her experience at Hill & Moin and plans to use her settlement to put a payment down on a new apartment.

Comments closed

While biking to work, L.U.E was struck by a vehicle, causing him a fractured knee. The defendant claimed that his vision was compromised because of the sun, blocking his vision of the bicyclist. Following a series of medical appointments, the plaintiff underwent knee surgery. As he began his long journey to recovery, L.U.E decided to seek legal representation. After completing a diligent online search, the plaintiff called Hill & Moin. After meeting with the attorneys and seeing first-hand their willingness to answer all questions, L.U.E retained Hill & Moin to represent him on his legal journey. Hill & Moin fought tirelessly and ultimately to obtain the full insurance policy of the driver. The plaintiff was very satisfied with the result, as well as the client service provided. L.U.E now hopes to return to a normal life and repay his debts.

Comments closed

The very idea of being involved in a serious car collision can cause anxiety. If you or a loved one has been injured in a wreck or is dealing with significant property damage, you may be feeling stressed and overwhelmed. Further, you may be unsure how New York car accident laws may affect your legal right to recover damages for your losses.

Even a seemingly minor collision can be unnerving and expensive. Understanding New York car accident laws will help you to better navigate the insurance claim system in order to reach maximum compensation following an incident.

At the New York law firm of Hill & Moin LLP, our attorneys have more than 60 years of combined experience fighting on behalf of New York accident and injury victims. Our legal team is dedicated to reaching the best possible outcome in every case we take, helping each of our clients make their lives whole again. Learn what our experienced attorneys can do for you by calling (212) 668-6000 to schedule a free case evaluation. 

Common Types of Car Accidents in New York State

According to the New York Department of Health, motor vehicle traffic injuries are the leading cause of injury-related death, the second-leading cause of injury-related hospitalizations, and the third-leading cause of injury-related emergency department visits in New York State.

Different types of accidents repeatedly come up when discussing New York car accident laws. The following types of motor vehicle accidents are commonly reported in New York.

Rear-end Collisions

Rear-end car accidents are one of the most common types of accidents. A rear-end collision occurs when a driver hits a vehicle from behind.

These accidents are often the result of the rear driver’s inattention. Although there may be extenuating circumstances, a driver is, in general, expected to leave enough room between his or her vehicle and the one in front to be able to stop safely and quickly.

Head-on Collisions

A head-on collision occurs when two vehicles driving in opposite directions crash into one another. Such accidents are extremely dangerous, often resulting in debilitating injuries or death. The majority of head-on collisions are the result of negligence on the part of one or more drivers.

Head-on collisions are usually caused by a driver going the wrong way on the road or crossing a double yellow line into oncoming traffic. This may happen for many reasons, including driver confusion, fatigue, intoxication, distracted driving, or vehicle defects.

Side-swiping Accidents

Sideswipe accidents occur when the side of one vehicle hits or scrapes the side of another vehicle. The cars may be traveling in the same direction or opposite directions.

This type of accident most commonly happens when a driver drifts into the next lane or mistakingly changes lanes without first checking to make sure there is no other vehicle in his or her path. It is not uncommon for a driver to sideswipe a parked vehicle, especially in narrow roadways or tight parking areas.

Side-impact Accidents

Often referred to as T-bone or broadside accident, a side-impact accident occurs when the front of one vehicle hits the side of another. Such accidents often happen in intersections or parking lots but can also occur on a highway when a driver loses control of his or her vehicle and skids sideways.

Side-impact accidents can result in serious injury and damage because the side of a vehicle is simply unable to absorb such a significant hit.

Rollover Accidents

A rollover accident happens when a vehicle loses control and tips or flips over onto its side or roof. Poor weather conditions, road obstacles, or reckless driving are usually contributing factors in rollover accidents.

Single-car Accidents

A single-car accident refers to an accident involving just one vehicle. In most cases, the driver ran off the road or hit debris. Difficult weather conditions, unexpected animal crossings, or distracted driving may lead to a single-car crash.

Reckless Driving Accidents

When a person drives recklessly, the risk of crashing increases significantly. In most cases, reckless driving accidents are the direct result of a driver violating the law.

Examples of reckless driving behavior are:

• Speeding
• Failure to yield the right-of-way
• Running stoplights
• Tailgating
• Racing
• Erratic driving

Driving without a seatbelt on can also be considered reckless driving. Moreover, in accordance with New York State regulations, it is mandatory for all children to be securely restrained using an appropriate child restraint system when they are passengers in a motor vehicle. Furthermore, the law stipulates that all occupants of motor vehicles, regardless of age, must be restrained by a seat belt. Nevertheless, because of their smaller size and delicate physical constitution, children must utilize specialized child restraints to ensure their safety when traveling in a vehicle.

Legal Obligations After a Car Accident in New York State

New York traffic laws include specific legal obligations for drivers involved in car accidents. Since failing to comply with these duties can result in serious consequences, all drivers need to know what to do after a motor vehicle accident.

Some New York laws that detail your legal duties after a car accident include the following.

New York Driver Exchange of Information Law

Under New York law, if you are involved in an accident where someone is injured, you are required to stop at the scene of the crash. You must give your name, address, driver’s license number, and insurance information to the injured person.

You must also give your personal contact information and insurance details to the responding police officer investigating the accident. In the event that no officers come to the scene of the accident, it is your legal responsibility to report the accident to the nearest police station.

New York Law Requires That an Accident be Reported to the Police

In New York, you have a limited number of days to report a car accident in which a person was injured or killed. You must report the collision to the Department of Motor Vehicles. You must also report accidents that cause more than a certain amount of damage to a single person’s property.

Failing to report an accident which you are legally obligated to report to the DMV is a misdemeanor offense in New York. The DMV has the right to suspend or revoke your license and registration if you fail to submit the accident report on time.

Your Legal Duty in a New York Car Accident With no Injuries

New York state law requires that you stop at the scene of an accident that causes damage to someone else’s property, even if no one was injured in the collision. You must then exchange information with the other driver and any others who may have suffered property damage as a result of the collision.

You are required to share your personal contact information, as well as your insurance identification card and driver’s license. If the property owner is not present at the time of the accident, this information must be reported to the nearest police station.

Your Legal Obligation if You Hit a Parked Car in New York

Unfortunately, this is how most hit-and-run accidents take place: someone hits a car in a parking lot, and bails. If you hit and damage a parked car, New York law requires that you stop and exchange information with the owner of the parked vehicle. If he or she is not present, you must report the accident along with your personal details to the nearest police station. Learn more about your options as a victim of a hit-and-run accident, here.

New York Speed Limit Laws

Unfortunately, speeding is a contributing factor in many serious car crashes. New York State law requires that you always drive safely, at or below the speed limit. The posted speed limit is the maximum speed at which a driver can legally operate his or her vehicle. The law does not make exceptions when everyone else is speeding around you.

At times, due to weather or road conditions, it is safest to drive under the speed limit in order to avoid an accident. The penalties for speeding can be significant. Depending on how fast you were going, you could face a hefty fine or even prison time. The DMV will revoke your license if you are convicted of multiple speeding violations within a certain period of time.

New York Comparative Negligence Law

New York follows a pure comparative negligence rule. This law allows you to recover compensation for your injuries, even if you bear partial responsibility for the accident.

At times, liability in a traffic crash is clear; however, it is not unusual for multiple drivers to share some degree of fault for the collision.

In a car accident case, the insurance adjuster or court will work to calculate both the damages and the percentage of fault belonging to each party. The damages are then adjusted based on the share of fault.

The pure comparative negligence law applies even if you are primarily at fault for the car accident. Under this New York law, even if you are found to be more than 50-percent responsible for the car crash, you are entitled to your percentage of the damages. However, in turn, you are responsible for providing compensation for the other driver’s losses.

New York No-fault Car Insurance Rules

New York is a no-fault state when it comes to car accidents. The no-fault system does not make everyone automatically free of responsibility for a collision. What it does mean is that, after an accident, you need to file a claim under your own personal injury protection insurance for compensation for your injuries, regardless of who was at fault.

Your personal injury protection insurance is designed to cover accident-related expenses such as:

• Medical bills
• Household and transportation expenses
• A percentage of lost wages
• Death benefits

Depending on the severity of the car accident and the injuries sustained, you may not be limited to filing a claim under your own insurance policy. You may be able to pursue a third-party insurance claim or a personal injury lawsuit.

Recovering Damages After a New York Car Accident

In some car accident cases, the victim sustains a serious bodily injury and needs extensive medical treatment. In such situations, it is possible that your own insurance carrier will not cover the full extent of your claim. If your injuries meet certain requirements, you may be able to file a claim against the at-fault driver’s insurance or pursue a personal injury lawsuit.

The following serious injuries may allow for a third-party insurance claim or lawsuit:

• Significant disfigurement
• Bone fracture
• Dismemberment
• Loss of a fetus
• Traumatic brain injury
• Significant limitation or loss of use of a body system or function
• Non-permanent injuries that prevent usual activity for an extended period of time
• Death

After a New York car accident, injured parties are likely entitled to compensation for what they have gone through. The law is designed to protect injury victims and help them to regain their financial standing and quality of life. Depending on the circumstances of your accident, you could potentially be awarded both economic and non-economic damages in a car accident case.

Economic Damages in a New York Car Accident Case

Economic damages have a specific monetary value and may include these costs:

• Current and future medical bills
• Past, present, and future lost wages
• Reduced earning capacity
• Expenses of in-home care
• Out-of-pocket expenses related to or as a result of the accident
• Cost to repair or replace property

Non-Economic Damages in a New York Car Accident Case

Non-economic damages are designed to compensate an injured person for his or her pain and suffering and other personal losses as a direct result of the accident.

The following are examples of non-economic damages:

• Psychological injuries
• Inconvenience
• Reduced quality of life
• Loss of consortium, if a person’s injuries negatively impact his or her relationship with others

Although it can be difficult to properly calculate compensation for non-economic damages, both your insurance agents and auto accident attorneys can help you determine a fair settlement amount.

New York State Auto Insurance Requirements

In order to register a motor vehicle in New York, you must have New York State-issued automobile liability insurance coverage. A minimum amount of liability insurance coverage is required to cover various types of damages. Every New York driver must carry liability insurance for property damage, bodily injury, and death.

Additionally, your liability insurance coverage must meet these further requirements:

• Insurance coverage must remain active as long as the vehicle registration is valid, even if you are not using the vehicle, with limited exceptions for motorcycles

• You must carry New York State insurance coverage, issued by a company licensed by The New York State Department of Financial Services and certified by the Department of Motor Vehicles

• Liability insurance must be issued in the name of the person on the vehicle registration

If you fail to maintain your liability insurance coverage, the DMV can suspend your vehicle registration and driver’s license.

New York Car Accident Statute of Limitations

A statute of limitations is a law that sets a time limit on your legal right to file a car accident lawsuit and differs depending on the type of incident. For instance, personal injury claims, wrongful death suits, accidents involving municipal vehicles, and accidents involving minors have varying time limits under which you can bring a lawsuit in the New York court system.

The statute of limitations determines the amount of time you have to bring a lawsuit. Remember, under New York State law, you must file an insurance claim and report the accident to the DMV in most cases, regardless of whether you choose to pursue a lawsuit or not.

Statutes of limitations can be complicated. At times, two or more statutes of limitations could potentially apply to the same case. To avoid confusion, it is advantageous to consult a qualified New York car accident attorney as soon as possible after an accident. He or she will be able to help you navigate the legal system and ensure that you do not miss any important deadlines in your efforts to resolve your claim.

Contact a New York Car Accident Lawyer for Peace of Mind

A serious car accident can lead to untold pain and suffering, both physically and emotionally. Trying to steer yourself through the insurance and legal system can be exasperating and exhausting. Insurance adjusters are notoriously difficult to work with and rarely have your best interests in mind, but an attorney can negotiate with the insurance company on your behalf so that you can relax and focus on your recovery.

New York State accident laws and insurance rules can be complex. It can be difficult to understand what kind of compensation you are truly entitled to after an accident. While this may be true for you, a dedicated car accident attorney can clarify the rights you have! He or she will know what types of damages you may be awarded and how to best argue the case in your favor.

Even regarding a relatively minor accident, there are benefits to consulting a knowledgeable car accident lawyer. You can thus gain peace of mind by making sure you understand your legal rights and options in pursuing your claim.

The professional and compassionate personal injury lawyers at Hill & Moin LLC are the advocates you need after suffering the stress and trauma of a car accident. In practice since 1980, our attorneys have obtained over $200 million in awards and settlements for our clients over the years.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Our legal team has a proven track record of successfully defending and litigating for New York injury and accident victims. Learn what our dedicated and results-oriented lawyers can do for you by calling (212) 668-6000 to schedule a free consultation today. 

Don’t wonder about your rights!

Comments closed