Can I sue for a car accident in New York?

In New York, you can sue for a car accident for your physical injuries, pain and suffering, disability, loss of income, and your expenses.

You must meet these conditions:

Statute of Limitations:

The lawsuit must be filed within 3 years of the accident.  This is known as the statute of limitations.  

No Fault Law:

You must have sustained a “serious injury” to meet the “no fault threshold” letting you sue for your injuries which includes:

• Death
• Dismemberment
• Significant disfigurement
• Fractures
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined injury or impairment that prevents you from performing your usual daily activities for at least 90 days within the 180 days immediately following the accident.

Fault:

You must establish negligence or fault.

A driver must operate his or her vehicle with reasonable care and caution. 

This requires a driver to:

• Maintain a safe rate of speed
• Keep his or her vehicle under proper control
• Keep a proper watch for other vehicles
• See what there is to be seen.
• Follow the vehicle and traffic laws

Consulting with a personal injury attorney can help you understand your rights and navigate the legal process.

With nearly 5 decades of experience in personal injury law and car accident law, the attorneys at De Caro & Kaplen, LLP have made it one of New York’s leading personal injury law firms earning a reputation for excellence.  

With demonstrated success both in and out of the courtroom, our attorneys have the passion and persistence to take on any car accident case in New York—and win. Contact us today for a free consultation.