Top Pedestrian Accident Attorney Guide: New York Deadlines and Claims Explained

Does Timing Really Matter After a Pedestrian Accident?

Timing is everything after a New York pedestrian accident. No accident lawyer is exaggerating when they say that timing can make or break your case. What happens is, the longer you wait, the harder it becomes to prove what happened. Surveillance footage gets erased, witness memories fade, and even your own account of the accident can start to blur. This makes it easier for insurance companies to push back or deny your pedestrian accident claim altogether. If you contact a trusted New York City pedestrian accident lawyer right after the accident happens, they can quickly secure evidence and guide you on how to behave when insurance agents try to get you to settle for a lower offer.

The Statute of Limitations for Personal Injury Claims in NYC

Although we’d expect insurance agents or the at-fault party to jeopardize our accident case, sometimes we do it ourselves by missing the specific deadlines put forth by New York’s statute of limitations.

According to New York personal injury law, the clock starts ticking the minute you get injured by the pedestrian accident. You have three years to file your personal injury claim. If your accident involves a government entity, note that the timeline shortens to one year and 90 days.

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What’s No-Fault Insurance in New York?

If you have been hit by a car in New York, then you get no-fault benefits since New York is a no-fault state. No-fault insurance provides coverage for medical expenses, lost wages, and other related costs up to $50,000 per person. This coverage applies regardless of who is at fault.

The purpose of no-fault insurance is to offer recovery options to victims of auto accidents and pedestrian accidents as soon as possible without going through time-exhausting processes at court unless needed. Your pedestrian accident attorney will evaluate damages to decide if a lawsuit is required beyond no-fault coverage.

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Don’t Miss the 30-Day No-Fault Insurance Deadline

If you were hit by a car or any motor vehicle while walking in New York City, you may be eligible for no-fault insurance benefits, but only if you act quickly. New York law requires that you submit a no-fault insurance application within 30 days of the pedestrian accident.

This is a hard deadline, and missing it can mean losing access to reimbursement for medical bills, lost wages, and other basic expenses. The insurance company of the vehicle that struck you is responsible for processing this claim, but they won’t walk you through it. A New York pedestrian accident lawyer can help file the NF-2 form properly and on time, so you don’t risk losing out on critical benefits that could help you through recovery.

What’s the Maximum Payout From an NYC Pedestrian Accident?

The payout for a pedestrian accident in New York depends on the severity of injuries sustained. In cases where the injuries fall under the “serious injury threshold,” you will need to file a personal injury claim.

You can expect a compensation of around $500,000 or more if your injury is a spinal cord injury. Traumatic brain injuries (TBIs) also require ongoing medical care and will involve a payout ranging between $100,000 and $1 million.

For relatively less severe injuries like broken bones, the average settlement in NYC can range from $5,000 to $200,000. Again, the state of the fracture and the treatment plan will impact this amount. Soft tissue injury settlements range from $500 to $50,000.

How Soon Should You Talk to a Pedestrian Accident Lawyer?

Although most New Yorkers make the mistake of assuming their accident doesn’t require a lawyer’s help if it isn’t as complicated as the legal cases they’ve witnessed going to court, a pedestrian accident lawyer can legally support you in plenty of other ways.

Ideally, you should reach out to an experienced accident attorney within the first few days of the accident. But as it is, nothing about a pedestrian accident is ideal. If you do consult a New York City pedestrian accident lawyer at an early stage, they can take over the following responsibilities:

• Handling communication with insurance agents
• Filling out no-fault insurance paperwork and other legal documents on time
• Protect you from getting blamed if you are not at fault
• Defend your rights even if you are partially at fault

What you might not know is that pedestrian accidents also fall under the comparative negligence rule in New York. You might be at fault partially, but when you speak to a pedestrian accident attorney early on, they can collect evidence to accurately decide how responsible you are for it and consequently, the amount of damages you may recover.

In addition, when insurance companies use tactics to place more blame on you, your pedestrian accident attorney will step in and fight for your rights both aggressively and strategically. This is why you should consult a New York City pedestrian accident lawyer as soon as possible.

If you are ready to start off with a free consultation, you can schedule one at Gabriel Law. It’s obligation-free and an expert pedestrian accident lawyer will review your pedestrian accident case for you.

Schedule a free consultation or call (212) 497-2421 and learn how to pursue the maximum compensation you deserve from the experts in New York accident law and personal injury law.

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For further readings

Injured While Walking? New York City Pedestrian Accident Lawyer Explains Your Rights

Got Hit By a Car? Claim No-Fault Benefits with New York Pedestrian Accident Lawyer