After an automobile accident has left you injured, a personal injury lawsuit may grant you compensation. Before starting the process, you should contact an experienced attorney to advise you of your rights and advocate for you in court if necessary. If you are unsure whether you qualify for filing a suit, below is a brief guide to car accident liability in New York to help you make an informed decision.

An Introduction to Personal Injury Law in New York

You Must Show Serious Injury

Because New York is a no-fault insurance state, drivers must first seek reparations from their own insurers. Only seriously injured people may sue other drivers for compensation.

One way to show a serious injury is through the 90/180 rule. If you can show that—due to injuries sustained in the accident—you are unable to perform all or most of your normal daily activities, you may have a case. However, the onset of the impairment must occur not more than 180 days from the accident and must last at least 90 days.

You Must Abide by the Statute of Limitations

If you can show serious injury, you must file your personal injury suit in the state court before the statute of limitations expires. In New York, that is normally within three years of the date of the accident.

However, exceptions exist for medical situations that arise even after the statute has run. In this case, you must show that you were not and could not have been aware of the injury until such time.

You Might Have to Accept Partial Responsibility

The court will assign blame based on the circumstances of the accident. For example, if it happened because someone ran a red light, they may be held responsible. If the other person was completely to blame, the results might be in your favor. Similarly, if you were to blame, your lawsuit will likely not yield compensation for you.

However, if both people share some portion of responsibility, the court must decide how much blame to place on each individual. This is called "comparative negligence." Thus, if the court decided you've sustained $100,000 in lost wages, property damage, and medical bills, but found you were 20% at fault, your award would only be $80,000.

If you were involved in a car accident and require an experienced personal injury attorney, contact Louis C. Noto in Rochester, NY. He has been practicing law in Monroe and the surrounding counties for nearly 50 years, and will provide reliable legal counsel to help you receive the compensation you deserve. Learn more about his practice areas online or call (585) 232-1815 to arrange a consultation.