Understanding the 90/180 Day Rule and Injury Lawsuits in NY
If you’ve recently been involved in a car accident in New York, navigating insurance claims and legal options can be overwhelming. One key concept to grasp is the 90/180 day rule injury lawyer NY — a critical timeline that affects your ability to sue for serious injuries beyond New York’s no-fault insurance limits. Essentially, this rule refers to the window you have to file a lawsuit after an accident, which can significantly impact your case. Understanding how to prove serious injury and the steps to take if you’re outside the no-fault coverage window is crucial — experts at Silberstein & Miklos can help you assess your situation and ensure your rights are protected.
What Is the 90/180 Day Rule?
In New York, after a car accident, your insurance company typically covers minor injuries through no-fault insurance within 30 days. However, if your injuries are *serious*, you might be eligible to pursue a personal injury lawsuit. The critical timeframe here is the 90 days to notify your insurance company about the injury and the 180 days to initiate a lawsuit. The 90/180 day rule injury lawyer NY explains that missing these windows can jeopardize your ability to seek full compensation — so timing is everything.
Proving Serious Injury: What Counts?
Defining Serious Injury
To sue beyond no-fault insurance, you must demonstrate that your injuries qualify as “serious” under New York law. Typical examples include:
- Permanent disfigurement
- Disability for 90 days or more
- Significant limitations in your daily activities
- Serious fractures
- Loss of a body part or function
Gathering strong medical evidence, such as detailed doctor reports, imaging scans, and expert opinions, helps establish the seriousness of your injuries. An experienced injury lawyer can guide you through this process and ensure your case meets legal standards.
Steps to Take if You’re Outside the No-Fault Window
Consult a Specialized Injury Lawyer
If your injury wasn’t properly documented within the initial 90 days, or if the lawsuit deadline approaches after 180 days, seeking legal counsel becomes essential. A seasoned attorney can evaluate your case, help gather necessary evidence, and determine your options — even if time has run out for filing a typical claim.
Filing a Lawsuit for Serious Injury
When proper documentation exists, and your injuries qualify, your lawyer can assist in filing a lawsuit within the 180-day period. This legal action can potentially lead to damages for pain and suffering, lost wages, and other compensation that no-fault payments do not cover.
Why Legal Support Matters
Handling accident claims on your own can be tricky, especially when trying to prove the severity of injuries and navigate strict deadlines. An injury lawyer experienced in the 90/180 day rule injury lawyer NY can provide personalized advice, help gather critical evidence, and represent you effectively in negotiations or court.
Conclusion: Protect Your Rights After an Accident
Understanding the 90/180 day rule and how it impacts your ability to sue in New York is vital for accident victims seeking full compensation. Acting promptly, gathering solid medical proof of serious injuries, and consulting a dedicated injury lawyer can make all the difference in your case. If you’re unsure about your timeline or legal options, reach out to experts at Silberstein & Miklos for a free case review and expert guidance to navigate this complex legal landscape. Remember, the right knowledge and support ensure you get the justice and compensation you deserve.
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