What You Need to Know About Statute of Limitations and Collecting a Compensation Claim in a New York Car Accident

What You Need to Know About Statute of Limitations and Collecting a Compensation Claim in a New York Car Accident
Calendar icon January 9, 2021

Every state has its statute of limitations. During this period, you should file for a compensation claim. If you fail to do that, you may lose your chance to collect the damages.

In New York, it lasts three years from the date of the accident.

If you were involved in an accident, got injured or your vehicle had severe damages, you may file for a compensation claim. Sometimes this can be challenging for various reasons, which is why it’s important to have a skilled attorney by your side. Seek help from a New York car accident attorney if you are not sure about the steps you need to take.

A Lawsuit Can Help You Recover Compensation

After an accident, you may face big financial expenses. You may deal with the medical bills, damage expenses, lost wages. To cover your expenses you may file a compensation claim with the liable party’s insurance company. But, this may not always work. You may face some challenges such as the following:

  • The liable party’s insurance policy doesn’t cover your losses.
  • It’s difficult to prove who was at fault for the accident.
  • There is a dispute about the cost of your damages.
  • The insurance company doesn’t offer a fair settlement.

How Will Your Lawyer Help You

Once you decide to go to court, your personal injury attorney will help you. Your attorney will collect the relevant evidence for your case. They’ll also help you file a lawsuit, gather the documentation of your symptoms, injuries, and medical costs.

When the paperwork is finished, your lawyer will move your lawsuit to the next level. They would make an in-court appearance on your behalf and if it’s necessary will argue your case in court. Also, they would negotiate the settlement with the other party’s legal counsel.

Your attorney will defend your rights and their final goal will be to help you collect the compensation you deserve.

Collecting Compensation in a New York Car Accident Case

If your attorney offers their services on a contingency-fee-basis, it means that if they successfully finish your case, you will pay them a percentage of the award they will obtain for you. Both you and the attorney will agree on this percentage when you start your collaboration. If your lawyer can’t help you get the compensation claim, then you don’t owe them anything.

If your attorney manages to collect your compensation you could recover the following expenses:

Medical Expenses

If you had severe injuries you’ll face expenses related to your emergency transportation, medication, and the following care. Your lawyer will advise you to keep a track of all your medical expenses so you can understand what makes a fair settlement.

Loss of Income

If you’re injured and spent some time at the hospital, or your injuries prevent you from working normally, you won’t be able to return to work. This would mean lost wages. The compensation claim will cover your lost wages. Your attorney can look at your employment records to determine how much income you lost. They may also be able to regain costs of employee benefits, bonuses, or lost tips.

Property Damage

If your vehicle was severely damaged, you’ll have to invest in repairments. This may be costly, so your attorney can review the insurance policies to see what coverage options you have.

Pain and Suffering

Although these are challenging for determination (compared to economic damages), you could still get compensation for your emotional and physical pain and trauma that resulted from the accident.

Cellino Law Can File Help You File Your Compensation Claim

It’s completely possible that you can file the compensation claim by yourself. However, some people don’t know that they could get a claim for all the upper mentioned damages and injuries (not only for one of them). Often, they settle with lower settlements, without knowing that they don’t have to accept the first offer.

To avoid this happening to you, be sure to seek legal help. Your case should be reviewed by a professional. Your attorney can help you file the compensation claim on time and would negotiate if the insurance company offers a low settlement. The insurance company would try their best to underpay you. They will have a team of attorneys and so you should be prepared.

If you’re looking for an experienced and skilled car accident attorney, here at Cellino Law we can help you with everything. We will review your case free of charge and do our best to help you obtain your settlement.

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Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.



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  • My wife and I would like to take this opportunity to thank you for a fantastic job as our attorney. We could not have been more pleased with the work you and your team has done on this case. This past four years or so has been such a roller coaster for our family. We are very pleased and grateful with the result. We have made a good choice by choosing you. Thank you.


  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.


  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward

  • Cellino Law is an amazing firm with a great team. I worked with Greg Pajak and his assistant, Tracey Falconer. I cannot express enough how dedicated they are. The personal attention I received was excellent; they were always available to help with questions and concerns and put me at ease in the unknown territory I found myself in. I highly recommend them to anyone needing representation. A huge thank you to them for all they accomplished for me!


  • We want to send a big "Thank you" from the both of us. We know you both fought for us and did a great job with our case. You did it in a timely manner and we appreciate it.

    Kerrijo & Jerry

  • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support