In 2022, New York state had a population of 19 million. During that year, there were 1,175 reported fatal motor vehicle crashes, which is 6 deaths per 100,000 population. In New York City, there were 100,508 car accident collisions in 2022. 28% of accidents happened in Queens and 38% in Brooklyn. Staten Island was the safest place to drive or be a passenger, with just 5% of accidents taking place there.
If you’ve been injured in a car accident due to another driver’s negligence in New York, you have the right to file a claim and pursue compensation.
Attorney Jay S. Knispel, a recognized NYC auto accident lawyer, shares five steps that you need to take to file a car accident case in New York.
Report the Accident
The first thing you should do after a car accident is report it to the police, even if it seems minor. Call 911 and wait at the scene for the police to arrive. Provide a statement about what happened and ask the officer to complete an official accident report. Make sure to get a copy of the police report, as this will be important evidence if you file a claim or lawsuit later.
Collect Evidence
There are several other types of evidence you should collect after a car accident, including:
- Photos of damage to the vehicles, the scene, and any injuries you sustained
- Contact information for any witnesses to the accident
- Medical records related to accident-related injuries
- Receipts for car repairs, medical treatment, and any other expenses incurred
The more evidence you have to prove the other driver’s fault, the stronger your case will be.
Consult a Car Accident Attorney
It is highly recommended to consult a personal injury attorney before filing a car accident lawsuit. An experienced attorney can help protect your rights, determine the value of your claim, file paperwork on your behalf to begin the car accident claim process, negotiate a fair settlement, and take your case to trial if needed. They can also assist you in dealing with insurance companies.
Filing a Personal Injury Lawsuit
In New York, you typically have three years from the date of the accident to file a personal injury lawsuit. Your attorney can file a complaint that names the other driver(s) involved and states your claims against them. The complaint initiates the litigation process. The other side will be given a chance to respond and dispute your claims.
Your lawyer will then enter into discovery, issuing interrogatories and deposing witnesses to establish facts about liability and damages. Evidence will be exchanged between the parties. This pre-trial process can take months to complete. Once discovery concludes, your lawyer can work towards negotiating a settlement or take the case to trial.
Seeking Fair Compensation
The ultimate goal is to recover fair compensation for your injuries, damages and losses through a settlement or jury award. Compensation can include reimbursement for medical bills, lost wages from missed work, pain and suffering damages, vehicle repair costs, and other accident-related expenses.
With an experienced lawyer fighting for you, you can take the necessary legal steps towards getting the maximum compensation you deserve after a New York auto accident.