What Most People Don’t Realize a Car Accident Lawyer in Manhattan Can Do for Their Injury Claim

Is It Time to File a Personal Injury Lawsuit?

New York is a no-fault insurance state. This means that after a car accident, your own insurance company covers your medical expenses and a portion of your lost wages, regardless of who was at fault. This system is designed to speed up access to treatment and reduce litigation.

However, in some cases, your injuries may be too severe to be fully covered under a no-fault insurance claim. When that happens, you may need to pursue a personal injury lawsuit to recover the compensation you truly deserve. An experienced car accident lawyer in Manhattan would recommend filing a personal injury lawsuit when:

• Your injury falls under the “serious injury” threshold.
• The other driver doesn’t carry sufficient liability insurance or lacks Personal Injury Protection (PIP).
• You were involved in a hit-and-run.

In any of these scenarios, pursuing a personal injury lawsuit may be your only path to fair compensation. The sooner you act, the stronger your case can be.

Types of Injuries that Fall Under the “Serious Injury” Threshold in Manhattan

Under New York law (specifically Insurance Law § 5102(d)), a personal injury claim is only allowed if your injuries meet the “serious injury” threshold. These include:

• Death
  
• Dismemberment
  
• Significant disfigurement
  
• Fractures
  
• Loss of a fetus
  
• Permanent 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 daily activities for at least 90 of the first 180 days after the accident
  

If your injuries meet any of these conditions, your right to sue the at-fault driver becomes legally valid, even in a no-fault state like New York.

The Role of a Manhattan Car Accident Lawyer in Your Personal Injury Claim

A car accident attorney in Manhattan plays a major role in helping you decide whether the settlement offered for your no-fault insurance claim is worth the amount or whether you should be filing a personal injury claim. Here’s what a Manhattan car accident lawyer can do to support your case:

1. Case evaluation and legal guidance

This is when your lawyer assesses whether your case meets New York’s “serious injury” threshold. A skilled car accident lawyer will explain whether to proceed under No-Fault or via a personal injury lawsuit. Car accident lawyers are already familiar with the common legal pitfalls to avoid. At this point, you will be advised on what to do and not do to get the best outcome for your case.

2. Evidence collection and investigation

Your lawyer will collect medical records, witness statements, surveillance footage, vehicle damage reports, and expert opinions from accident reconstruction specialists to build a strong case for compensation.

3. Communicating with insurance companies

Insurance agents sound helpful but their goal is to minimize payouts. Your car accident lawyer steps in as your voice to handle all communication and negotiate for the maximum compensation you deserve.

4. Calculating the full value of your damages

Your car accident lawyer will calculate both current and future losses including medical bills, lost income, reduced earning capacity, and non-economic damages like pain and suffering.

5. Negotiating settlements

Most cases don’t go to trial but they require tough negotiation. Your car accident lawyer works to secure a fair settlement and won’t let you accept a lowball offer.

6. Taking your case to court

If the insurance company refuses to be fair, your attorney can file a personal injury lawsuit and represent you in court.

7. Offering peace of mind throughout the process

Beyond legal work, your car accident lawyer will guide you through the process and explain the expected outcomes so you can reduce your stress and focus on healing.

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What’s the Statute of Limitations for a Personal Injury Claim in Manhattan?

There’s a three-year statute of limitations to file a personal injury claim in Manhattan. So, if you are unsure whether your case qualifies, a car accident lawyer in Manhattan can assess your injuries, guide you through your no-fault rights, and help you figure out if a lawsuit is the best path forward. 

As more time passes, evidence fades, witnesses forget, and valuable time slips away. Delaying legal guidance could cost you more than you think. So if you are putting off legal advice and wondering whether it is time to file a personal injury lawsuit, simply start off with a free case evaluation from a reputed personal injury firm in New York. 

For instance, a reliable car accident lawyer at the Law Office of Eli Shmulik can clarify what your case requires without any obligation to continue the case. Contact us for a free case evaluation or call(866) 771-6652 for quick help.