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What is the process of filing an injury lawsuit after a car accident in NY?

On Behalf of | Jun 4, 2024 | Motor Vehicle Accidents |

Victims of motor vehicle accidents can suffer from a host of injuries. In some cases, those injuries are so severe that they require intensive and long-term medical care. During this time, a victim may not be able to work.

Some victims may opt to pursue a compensation claim. This is a very complex undertaking that requires an in-depth knowledge of the legal process.

Get medical care immediately

Getting medical care right away after the crash can help tie the accident with your injuries. The medical records are valuable because they can show that the damages were the result of the crash. Additionally, immediate medical care shows that the victim is trying to mitigate damages associated with the accident.

Determine liable parties

A critical part of a personal injury claim is making sure all liable parties are named as defendants in the case. There can be more than one defendant in these claims, and each one will be assigned a specific percentage of liability during the case. Once the defendants are named, the manner of how their negligence contributed to the crash must be proven.


Before the case can be filed, the injuries must be established. It’s critical to document the current medical expenses and lost wages due to the injuries sustained, as well as anticipated future medical care costs, because once the case has settled, the victims cannot come back to seek more compensation. Analyzing the amount of applicable damages requires the attorney to scrutinize similar past cases in order to to determine the best strategy to negotiate for the highest possible settlement for the current victims.

Know the statute of limitations in New York

All personal injury lawsuits are civil matters that are filed in the civil court that has jurisdiction over the matter. New York law sets specific time limits for these cases. Personal injury claims that stem from a car crash must be filed within three years of the date of the wreck. If a person dies because of the crash, their next of kin may opt to pursue a wrongful death lawsuit, which must be filed in two years.

Because of the complexities of these cases, it’s critical for anyone who needs to file a claim to seek legal assistance as soon as possible following the accident. This can help them get their case together before the statute of limitations expires.


Law Offices of Joseph J. Tock