Filing a Lawsuit After a Car Accident: What to Expect

Filing a lawsuit after a car accident can feel overwhelming, especially if you’ve never been involved in the legal system before. Questions about whether you can sue, what you have to prove, how long the process takes, and whether you’ll actually have to go to court are all common.

While every case is different, car accident lawsuits generally follow the same legal process. Understanding how that process works can help you make informed decisions and know what to expect if your case moves into litigation.

Click here to schedule a confidential consultation or call our office at 631-752-8580.

Can You Sue After a Car Accident on Long Island?

New York uses a no-fault insurance system. This means that after a car crash, injured drivers typically file an insurance claim under their own Personal Injury Protection (PIP) coverage first, no matter who is responsible. This coverage can help pay for medical bills and lost earnings, but it is important to be aware of its limitations.

Standard PIP coverage pays up to a maximum of $50,000, only covers 80% of a person’s lost income (up to a maximum of $2,000 per month), and does not provide compensation for pain and suffering. In other words, this coverage may be sufficient for most relatively minor accidents, but it often isn’t enough when severe and long-term injuries are involved. That’s when filing a personal injury lawsuit against the at-fault driver and seeking compensation through their liability insurance may be appropriate.

To pursue a car accident lawsuit in New York, the injured person generally must meet the state’s serious injury threshold. Qualifying injuries may include:

• Fractures
• Significant disfigurement
• Permanent loss or limitation of use
• Significant limitation of a body function or system
• Inability to perform substantially all usual daily activities for at least 90 of the first 180 days after the accident

A car accident lawsuit can allow you to pursue compensation beyond what no-fault benefits provide, including medical treatment not covered by your policy, full lost wages, and pain and suffering damages.

How Long Do You Have to File a Car Accident Lawsuit in New York?

In most cases, New York gives injured car accident victims three years from the date of the accident to file a personal injury lawsuit. Wrongful death claims generally have a two-year deadline, and claims against government entities often involve much shorter deadlines and additional notice requirements.

Although three years may seem like a long time, waiting can make it harder to build a strong case. Witnesses’ memories fade, surveillance footage may be erased, and other important evidence can disappear. Speaking with an attorney early can help protect your rights and ensure important deadlines are not missed.

Can You Still File a Lawsuit If You Are Partially at Fault?

Sometimes, both drivers share some responsibility for an accident. For example, one driver may have made an unsafe left turn while the other was speeding through the intersection. In these situations, car accident victims often wonder whether they have a case at all.

The good news is that under New York’s pure comparative negligence rule, being partially at fault does not automatically bar you from filing a lawsuit. However, any compensation you recover will generally ne reduced by your percentage of fault. For example, if your damages total $100,000 but you are found to be 20% responsible for the crash, your recovery would generally be reduced to $80,000.

This is an important consideration because one tactic insurance companies often use in car accident lawsuits is attempting to place a greater share of the blame on the injured person, thus reducing the amount of compensation they must pay out.

What Do You Have to Prove to Win a Car Accident Lawsuit?

Most car accident lawsuits are based on negligence. Negligence simply means someone failed to use reasonable care and, as a result, caused someone else to be injured. In a car accident case, that usually means showing the other driver acted carelessly and that their actions caused the crash.

To recover compensation, you generally must prove four elements:

• Duty of care: Every driver has a legal duty to operate their vehicle safely and follow traffic laws.
• Breach of duty: The other driver failed to meet that duty by engaging in unsafe conduct, such as speeding, texting while driving, running a red light, or following too closely.
• Causation: That unsafe conduct caused the accident and your injuries.
• Damages: You suffered actual losses, such as medical expenses, lost wages, pain and suffering, or other harm resulting from the crash.

How to Choose the Right Car Accident Attorney

If your injuries are serious enough to justify filing a lawsuit, one of the most important decisions you’ll make is who represents you. Car accident lawsuits can involve complex legal issues, disputed liability, extensive medical evidence, and significant financial damages. Choosing an attorney with the right experience and resources can make a meaningful difference in how your case is prepared and presented.

Before hiring a lawyer, consider the following:

• Experience: Look for a lawyer who regularly handles car accident cases rather than one who only occasionally practices personal injury law. During your consultation, ask them whether they have handled cases similar to yours in terms of the type of accident and injuries involved.
• Trial Experience: While many lawsuits settle before trial, some require litigation to reach a fair outcome. An experienced car accident lawyer will be prepared to build the case from the beginning with trial in mind if settlement negotiations are unsuccessful.
• Local Experience: Attorneys who are local to the area are often more familiar with the local court system and procedures. In many instances, they also have connections with the local experts and medical providers who can help strengthen the case.
• Communication: You should know who will be handling your case on a day-to-day basis, how often you can expect updates, and how you can reach someone if questions arise. Clear communication helps ensure you understand what is happening with your case at every stage of the lawsuit.
• Fee Structure: Most lawyers handle personal injury cases on a contingency fee basis, meaning you generally do not pay attorney’s fees unless compensation is recovered. Before hiring a lawyer, always make sure to understand how attorney’s fees and litigation costs are handled so there are no surprises later.

While every case is different, most lawsuits follow the same general process. The typical stages include:

Filing the Complaint

The lawsuit officially begins when the injured person files a complaint in court. The complaint identifies the parties, explains how the accident occurred, alleges why the defendant is legally responsible, and describes the compensation being sought. The defendant must then be formally served with the lawsuit.

Defendant’s Response

After the defendant is served, their liability insurance company will typically appoint a defense attorney to represent them. The defendant then files an answer responding to the allegations. They may deny liability, dispute the extent of the injuries, argue that another party was responsible, or claim the injured person was partially at fault for the crash.

Discovery

Discovery is often the longest stage of a lawsuit. Both sides exchange evidence through document requests, written questions (interrogatories), depositions, and, when appropriate, independent medical examinations. This process helps clarify how the accident happened, the nature and extent of the injuries, and the value of the damages being claimed.

Pre-Trial Motions

Either party may ask the court to resolve certain legal issues before trial. For example, a motion may seek to dismiss part of the case or determine whether certain evidence can be presented to the jury.

Settlement Negotiations

Settlement discussions often continue throughout the lawsuit. As more evidence is exchanged and each side gains a clearer understanding of the strengths and weaknesses of the case, it is common for negotiations to continue. In fact, many car accident lawsuits are resolved through settlement before ever reaching trial. If the parties are unable to reach a fair settlement, however, the lawsuit moves forward to trial, where a judge or jury will decide who was at fault and what compensation, if any, should be awarded.

What Happens If Your Car Accident Case Goes to Trial?

If your case goes to trial, both sides present evidence to a judge or jury. The goal is to show what happened, who was at fault, how the crash caused your injuries, and what compensation is supported by the evidence. Not every trial plays out the same, but here are some of the general steps you can expect:

• Jury selection: The attorneys and court select jurors who will hear the case.
• Opening statements: Each side gives the jury an overview of what they expect the evidence to show.
• Witness testimony: Drivers, passengers, witnesses, medical providers, and other people with relevant information may testify.
• Presentation of evidence: The parties may present photographs, records, diagrams, medical documentation, and other proof.
• Expert witnesses: Medical, accident reconstruction, or financial experts may explain issues that require specialized knowledge.
• Closing arguments: Each side summarizes the evidence and explains why the jury should rule in their favor.
• Jury deliberation and verdict: The jury reviews the evidence and reaches a decision on fault and damages.

Settlement can sometimes still happen during trial. However, once a case reaches that stage, preparation and evidence are especially important because the final decision may rest with the jury.

Speak With a Long Island Car Accident Lawyer at The Odierno Law Firm

If you have been hurt in an auto accident on Long Island and have questions about car accident claims, we encourage you to reach out to our firm. Our personal injury lawyers have served injured car accident victims since 1978, and our team brings more than 150 years of combined legal experience. That experience has translated to more than $300 million in verdicts and settlements for our clients. Contact our office today to schedule a free consultation.