Who Needs an Accident Attorney?

We’ve all heard our share of jokes about ambulance chasers, those sleazy guys in cheap suits trying to take advantage of people that have been injured.  As with every profession, there are those few embarrassments that act like these stereotypes, but if you’ve had an accident and you’ve been seriously injured, DIY representation is probably not your best choice.  A reputable Rego Park accident attorney can help you collect the money you deserve for compensation, without the stress and likely poor results you can expect by doing it yourself.

Can You Sue For Pain and Suffering on Your Own?

Yes, you can represent yourself in a claim for pain and suffering caused by an accident.  The challenge is that the insurance company probably won’t take your claim seriously unless you have an attorney.  Even if you are seriously injured, they will probably make a low-ball offer because they know you won’t want to start a full-fledged lawsuit on your own.  You could file in the Supreme Court of the State of New York on your own, with a cost of only $210, and hire a process server to serve the defendant(s.) If you are not used to doing this type of work, you’ll need to do quite a bit of research, and if the papers are not submitted correctly they will be rejected.  Even if you successfully complete these procedures, the insurance will still think you won’t really push the case to trial. The exception to this concept is if aren’t working, don’t have children or a social life and want to devote ALL your time to your personal injury case – you might then be able to get the insurance company to take you seriously.  That said, a better plan is clearly to hire an experienced Rego Park accident attorney, who can do this work for you and collect enough money to make the fee they charge well worth it.

What County Should I Sue In For My Rego Park Accident Case?

The legal concept behind this rule is called “venue.”  Where a person must travel to appear in court, the venue must be fair under the circumstances.  When suing most individuals, venue is either where the accident happened or where the DEFENDANT resides.  For example, if your Rego Park, Queens County accident involves a driver that resides in Albany, and you live in Great Neck, Nassau County, proper venue for the case is Queens County, where the accident happened or Albany, where the defendant lives.  You cannot force a defendant to appear in Nassau County for this case. Every driver should know that they could have to appear in any county (or jurisdiction) where they are involved in an accident. For example, if you are in an accident in Hawaii, and get sued, you will have to buy a ticket and fly back to Hawaii to defend this action!  Venue can be complicated, especially when some of the defendants are corporations. That’s another reason why it makes more sense to hire an experienced Rego Park accident attorney, rather than trying to go it alone.

How Long Do I Have to File a Lawsuit for My Accident Case?

The time limit for suing is called the “Statute of Limitations,” and for most accidents in New York it’s three years, but for medical malpractice it’s 2 1/2 years, and for assault it’s only 1 year.  More importantly, some things, like a police report for a hit and run accident, need to be filed within 48 hours after an accident. The “personal injury protection form” that pay for medical bills and lost earnings must be filed within 30 days of the accident, and if any of the defendants are the City of New York, a Notice of Claim must be filed within 90 days.  That’s why it’s a good idea to call a Rego Park accident attorney as soon as possible after an accident so that all of your rights can be properly preserved.

You can book a free consultation by calling 718-261-8114 or by using this form.  For more information on venue, consult New York State Law.


2019-08-29T16:15:58+00:00By |0 Comments

About the Author:

Alyce Wittenstein is a world class attorney, blogger and filmmaker. She began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.

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