Unfortunately, hit-and-run accidents have become increasingly common in New York City, with approximately 46,000 taking place annually. If you were involved in one caused by another driver who fled the scene, consider calling a personal injury lawyer in New York for assistance.
You reserve the right to sue the at-fault party in your case with help from a hit-and-run accident lawyer. Doing so could enable you to recover damages you can use to pay medical bills, auto repair costs, and other expenses.
Learn what you need to know about filing a lawsuit against someone who caused your crash below.
When To Consider Filing a Lawsuit After a Hit-and-Run Accident
Were the police able to track down the previously unidentified driver who ran into you and left the scene of your accident? If so, they may have already filed criminal charges against them and started the legal process from that perspective.
The police have also done you a huge favor in this case. If this driver was still on the lam, you couldn’t consider suing them yet. However, you can take legal action against them once they’re found.
Consider going through a hit-and-run accident lawyer if you sustained injuries and/or damage to your vehicle during a crash. This will put you in a position to collect compensation.
You should also think about filing an insurance claim through your insurer or the Motor Vehicle Accident Indemnification Corporation (MVAIC) if the at-fault driver hasn’t been identified. This is another option for those seeking compensation to cover expenses. With this compensation, recovery from a crash will become more of a possibility.
How To File a Lawsuit Following a Hit-and-Run Accident
If you decide to file a lawsuit after a serious accident, it is paramount that you follow the proper steps. Taking the right approach to filing a legal claim may increase your chances of earning a settlement or judgment.
Here is how you should respond in the immediate aftermath of a crash:
- Report your crash to the police and provide them with information so they can create a police report.
- Gather evidence from the crash scene and take photographs and videos using your smartphone.
- Seek medical attention and keep any medical records, injury documentation, and healthcare bills you receive.
- Schedule a consultation with a car accident lawyer in Queens, NY, to discuss your case.
- Decide whether you would like an attorney to proceed with filing a lawsuit on your behalf.
You should also locate anyone who may have witnessed your crash and ask for their contact information. Their witness testimony could be crucial if you decide to pursue a case.
How To Prove Negligence in a Hit-and-Run Case
Your ability to prove negligence in your case will ultimately make or break it. Otherwise, you risk spending a lot of time and money taking legal action and not collecting the compensation you’re looking for.
Your hit-and-run accident lawyer should be well equipped to prove negligence, but you should also have a general idea of how it’s done. Here are several things you must do when proving it:
- Secure evidence that connects another driver to a crash
- Demonstrate how this driver’s actions led to your accident
- Showcase the financial losses you experienced because of your crash
Your claim must also include these four key elements of negligence:
- Duty of care: The other driver was legally obligated to keep others safe.
- Breach of duty: They failed to live up to their legal duty by not meeting the required standard of care.
- Direct causation: Their actions resulted in you sustaining injuries.
- Damages: Your injuries led to you suffering from physical, emotional, and economic harm.
Who To Trust To Help You With a Hit-and-Run Lawsuit
It might seem like hit-and-run lawsuits are easier to win than other personal injury cases, but this is often untrue. Many lack the physical evidence and eyewitness testimonies needed to earn victories in court.
For this reason, you shouldn’t hire just any attorney to represent you after skimming through your 150,000-plus options. Instead, make it your mission to hire a highly skilled and experienced attorney to handle your legal claim.
Call on them to start helping you sooner rather than later, too, so they can dive headfirst into gathering evidence and creating a more compelling case for you. Elliot Ifraimoff & Associates, PC, is a fantastic option for those in the market for a hit-and-run lawyer or other types of attorneys, such as a pedestrian accident attorney in New York.
Contact Us To Begin Working With a Reputable Hit-and-Run Accident Lawyer
You will likely feel shaken up following a hit-and-run crash and unsure exactly what to do. Let a hit-and-run accident lawyer from Elliot Ifraimoff & Associates, PC, assist you in determining the viability of your case and deciding which steps to take next. We can also help anyone hit by an uninsured driver in NYC.
Call us at (718) 205-1010 today to set up a legal consultation.
FAQs
Find the answers to other commonly asked questions below.
How Long Do I Have To Sue for a Hit-and-Run Accident in New York?
You will have about three years to sue for a hit-and-run accident in New York under the state’s personal injury laws. However, you should not wait until the last minute to file this type of lawsuit since it may not give a lawyer enough time to build a strong case.
What Is My Hit-and-Run Claim Potentially Worth?
The value of your hit-and-run claim will vary based on many factors, including the injuries you sustained, the damage done to your vehicle during it, and the degree of negligence demonstrated by the at-fault driver. A lawyer will assess your case and better indicate what your case may be worth.
Which Qualities Should a Personal Injury Lawyer in New York Have?
You should look for a few essential qualities in a personal injury lawyer in New York. They should be experienced, knowledgeable, and dedicated. A hit-and-run accident lawyer should also have an effective communication style and an excellent reputation.