Car accidents are not only distressing but can also leave you with physical and emotional trauma alongside hefty medical bills and property damage. In such a scenario, you deserve to be compensated fairly for your losses. However, seeking legal recourse for a car accident can be a daunting task, especially when you don't know the legal deadlines for filing a lawsuit or how liability is determined. Thankfully, The Law Offices of Jason B. Kessler, PC is here to provide legal assistance to victims of car accidents in White Plains. This blog aims to educate White Plains residents on the statute of limitations for filing a car accident claim and how liability is determined in New York.
The Statute of Limitations for Filing a Car Accident Claim
The statute of limitations refers to the legal time limit within which you can file a lawsuit after your car accident. In New York, the statute of limitations for personal injury claims resulting from a car accident is three years from the date of the accident. This means that if you do not file a lawsuit within this timeframe, you will lose your right to seek compensation for your injuries and other losses in court. However, it's important to note that different legal rules may apply when filing a claim against the government or a municipality.
How Liability is Determined in a New York Car Accident
New York is a no-fault car insurance state, which means that in most cases, your insurance company will cover your losses and expenses related to the accident, regardless of who is at fault. However, in cases where the accident results in serious injuries or death, you may be able to sue the other driver for damages beyond what your insurance covers. In such a scenario, liability is determined through comparative negligence, which means that fault is assigned based on the degree of responsibility of each party involved in the accident. If you are found to be less than 50% responsible, you will be entitled to damages.
At The Law Offices of Jason B. Kessler, PC, we understand how confusing the legal process can be after a car accident, which is why we offer our clients personalized legal representation. Our experienced attorneys are well-versed in personal injury law and can help you navigate the legal system, collect evidence, and build a strong case for maximum compensation. We work on a contingency fee basis, which means that we only charge for our services if we win your case.
Filing a car accident claim can be overwhelming, especially if you don't have the right legal guidance and knowledge of the statute of limitations and liability determination in New York. If you or a loved one has been involved in a car accident in White Plains, don't hesitate to seek the legal assistance of The Law Offices of Jason B. Kessler, PC. Our team of skilled attorneys is dedicated to fighting for your rights and helping you get the compensation you deserve. Contact us today to schedule a free case evaluation.
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