Content reviewed by:
Alex Shulman
Yes, you can sue after a high-speed rear-end collision in New York if you meet certain requirements.
Generally, you can only file a lawsuit if your lawyer can show that someone else caused the crash and if the collision caused either serious injuries or over $50,000 in economic losses. We can help after a crash.
A New York City car accident lawyer can give you more information about your eligibility to file a lawsuit. An attorney can also represent you throughout the legal process and focus on bringing you maximum compensation for your losses.
Can You Sue After a High-Speed Rear-End Accident?
In some situations, you can file a personal injury lawsuit after someone rear-ends you. However, New York typically expects injured motorists to seek compensation through their own insurance under the state’s no-fault laws.
Generally, you can only seek additional compensation if the crash resulted in considerable financial losses or if it caused you serious injuries.
In New York, serious injuries could include:
- Dismemberment or significant disfigurement
- Bone fractures
- The loss of an organ or bodily function
- Limitations on the use of an organ or body system
- Impairments or injuries that stop you from carrying out regular activities for a significant period of time
- The loss of a fetus
An attorney can review your situation and determine whether you qualify to file a personal injury lawsuit against the party responsible for your crash.
Can You Sue After a Fatal Rear-End Accident?
Generally, one can sue the responsible party after a fatal rear-end collision. However, the personal representative of the victim’s estate must be the one to bring a wrongful death claim against the liable party on behalf of the family. This legal action allows the estate to hold the responsible party accountable for the loss.
You can turn to a New York City wrongful death lawyer for help handling this type of legal claim. An attorney can review your situation, determine if your family qualifies to take this legal action, and provide the support you need every step of the way.
What Happens if You Sue Someone After a High-Speed Rear-End Crash?
If you sue a driver for rear-ending you, you’ll go through the court system to secure compensation for your losses.
Your attorney can handle every part of the litigation process, working to show that the other driver:
- Owed you a duty of care
- Violated that duty
- Directly caused your rear-end crash
- Caused your injuries and financial losses
Note that, even if you file a lawsuit, you can continue attempting to settle outside of court through the negotiation process. A lawyer can explain all the potential steps you can take to get compensation for your losses.
What Compensation Can You Get After a High-Speed Rear-End Accident?
If you sue the party responsible for rear-ending you, you could secure funds to cover your:
Economic Damages
You may qualify for money to cover the economic losses associated with your collision (beyond what your Personal Injury Protection insurance covers). These losses can include your medical bills, lost income, and the costs to repair your car and other damaged personal property.
Non-Economic Damages
You can also seek compensation for the non-economic losses associated with your crash. These losses can include things like your pain and suffering, mental anguish, and emotional distress.
An attorney can tell you more about these losses.
How Long Do You Have to Sue Someone After a Rear-End Crash?
Typically, New York will give you three years to move forward with your legal claim after a rear-end auto accident. However, the statute of limitations can vary based on your specific circumstances, so you should always contact a lawyer for detailed information about the deadlines on your claim.
If you wait too long to take legal action, the court will dismiss your claim, preventing you from seeking compensation from the at-fault party.
How Long Does It Take to Resolve a Rear-End Accident Lawsuit?
The time it takes to resolve a lawsuit varies on a case-by-case basis. An attorney can focus on minimizing the time you spend in court and securing the funds you need to move forward with your life after an accident caused by someone else’s negligence.
Talk to Us After a High-Speed Rear-End Accident
So, can you sue after a high-speed rear-end collision in New York? In most cases, you have to go through your insurance company to get compensation after a crash. However, if the accident resulted in serious injuries or considerable financial losses, you may have a chance to file a lawsuit against the person responsible.
Our team at Shulman & Hill can assess your situation and explain your legal options. We have over 200 years of combined legal experience, and we’re ready to help with either insurance settlement negotiations or a lawsuit.
You can count on us to fight to bring you the funds you need to cover your economic and non-economic losses. We’re standing by, so don’t wait to reach out for dedicated assistance.