If you were injured in a minor car accident, there are many different questions you have to ask yourself before you decide to pursue a lawsuit. You want to know if you are going to be able to sue, how long you have to file the suit, and whether or not the other driver has insurance.
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Whether you can sue
If you’re involved in a minor car accident, you might be wondering whether it’s worth your time to file a lawsuit. Although it might be tempting to settle out of court, you may be leaving yourself exposed to a lower settlement or worse yet, a jury trial. The insurance companies are not going to offer you a handout.
In many cases, you might not be able to win the case, but at least you’ll have the satisfaction of knowing you did your part to protect the road and yourself. Depending on the severity of the crash, you might be able to collect compensation for your injuries or property damage. The right lawyers can make the process as painless as possible.
The best way to start is by assembling a team of lawyers and experts who can help you get the compensation you deserve. The insurance company is also an excellent resource for information. In fact, they might be the only people who can give you the best advice on how to proceed. Ideally, you’ll want to get started on your case as soon as you can, but you might not have a lot of time to make such a decision.
Non-economic damages
There are two types of damages that you can seek from an at-fault driver. They are economic and non-economic damages.
Economic damages are monetary losses that are incurred after an injury. They cover medical bills, lost wages, and property damage. They are typically recouped by the insurers or physicians.
Non-economic damages are emotional, psychological, and social losses that are not incurred during the accident. They can include pain, embarrassment, or humiliation. They are more difficult to quantify than economic damages.
When you suffer an injury in an accident, it can affect your life. You may miss work, incur medical bills, and feel pain and suffering for weeks, months, or years. You may also lose the enjoyment of activities you used to enjoy.
Several states limit the amounts of non-economic damages that can be awarded. They are often capped at two or three times the amount of economic damages.
New York does not have a cap on the amounts of economic and non-economic damages in a personal injury lawsuit. In addition, there are no caps in most other states.
Time limit
Car accidents happen, and they can be costly. If you’ve been involved in one, you probably have some injury-related expenses to deal with. This is where a personal injury lawyer can help. In addition to providing expert legal advice, a skilled attorney can negotiate a settlement for you.
A car accident can be especially difficult to deal with if you’re injured. You may have physical injuries that will last for years, or you might have emotional traumas. If you’re in an accident, it’s important to take action and act quickly. The sooner you do, the more you can collect compensation for your injuries.
The time limit for filing a lawsuit depends on the type of claim you’re pursuing. For example, a medical malpractice case will likely have a shorter time limit than a claim against a government entity. Nonetheless, the standard statute of limitations for a personal injury case in the state of New York is three years.
Can you sue someone for a minor car accident?
If the at-fault driver doesn’t have insurance
If the at-fault driver doesn’t have insurance, you still have options for getting compensation. You can file a claim with your own insurer, or sue the at-fault driver. However, the at-fault driver’s insurance company may be able to challenge your claim.
The law will require you to prove who was at fault for the accident. You can do this by describing the event in detail to a judge. It is important to have all the facts available to you. You can get witnesses to testify for you. You can also take pictures of the accident site.
If you have medical coverage, you can use your policy to pay for your expenses. If you don’t have health insurance, you can use your underinsured motorist coverage (UIM) to cover your expenses. If you have collision coverage, you can use it to cover the damage to your car.
If you are involved in a hit-and-run accident, you may be able to recover for damages even if the at-fault driver doesn’t carry insurance. You can file a claim with your insurer, or you can hire a lawyer to help you pursue a lawsuit.