aftermath of a truck accident that could lead to a lawsuit

After getting into a truck accident, one of the most important things to know is that there is only a limited amount of time to pursue legal action to recover damages based on your injuries. While it is always better to pursue legal action sooner rather than later in order to preserve evidence and make sure that when parties are asked questions that everything is fresh in their minds, New York Civil Practice Law & Rules § 214 dictates that generally, the statute of limitations for filing a lawsuit following a truck accident is three years after the date of the accident.

No fault insurance coverage in New York

In New York, every car and truck is required to have No-Fault Coverage or Personal Injury Protection, sometimes referred to as “PIP,” for regular medical expenses after a car or truck accident of at least $50,000.00, which is going to follow the vehicle that you are occupying at the time of the accident. For these benefits, you have just thirty days to file an application for No-Fault benefits with the relevant insurance company. It is very important that after a truck accident when you get your medical care, the No-Fault application is filed timely for you to get the proper care that you need. PIP coverage may not cover all of your medical expenses if you are seriously injured in a car accident.

The statute of limitations is not always three years in a trucking lawsuit

When recovering damages from another party, however, as stated above, the lawsuit must be filed within three years of the truck accident occurring; the deadline to file a claim will never be extended under any circumstances, but it can be shortened. If the truck that struck you is owned by a government or municipality, in that instance, the deadline changes significantly, requiring what is called a Notice of Claim to be sent to the relevant government or municipality within ninety (90) days of the accident, and subsequently a lawsuit to be filed within one year and ninety days of the accident. Hiring a lawyer as soon as you can after getting into a truck accident is essential to being able to recover the damages sustained in the accident. 

Why is there a statute of limitations for truck accidents?

The statute of limitations is intended to make sure all parties are fairly able to be represented in court. New York has stated that after three years in a truck accident, there is no more need to defend an action for injuries caused based on the merits of the case, and instead, the court will likely dismiss the action as untimely.

Do I even need to hire an attorney in a trucking accident case?

Some may feel that it is more beneficial to just pursue a lawsuit on their own and keep the entire amount recovered; however, an experienced trial attorney can help you recover more or can even be the difference between recovering for injuries sustained in a trucking accident and not recovering any amount for yourself. This is because an insurance company is not going to want to pay every claim against them. There are several tactics that insurance companies take to avoid liability in the accident and several phases of the litigation process that an attorney can help you through. A lawsuit takes a huge amount of time and skill. Often in New York, after a trucking accident case is filed, it will not even be ready to go to an actual trial until at least a year has passed. During that time, the attorneys will work tirelessly to navigate through all phases of a lawsuit, from pleadings to discovery to motions and the trial itself. A litigation attorney needs to know the ins and outs of the litigation process and have experience litigating in every relevant court, as even in the same city, certain courts can operate in different ways. A person who pursues a case in Manhattan will have to go through a somewhat different process than one who may pursue the same case in Brooklyn. An experienced attorney that regularly appears in court will make sure you are in the right court and will know the process in that court.

It is highly recommended that if you need to pursue a trucking accident case, you retain an experienced litigation attorney.

Should I wait to hire a truck accident attorney?

Before even getting to the point of having papers filed in court, the preparation and filing of a lawsuit takes time and resources. Often, a plaintiff’s attorney helping someone pursue a truck accident lawsuit will have to ascertain the proper parties to file the lawsuit against, specify the time and place of the accident in a complaint, and review medical records to ensure that you have suffered what is legally defined as a “serious injury” under New York law. Therefore, if you have been in a truck accident and require the assistance of a lawyer, seeking out the right attorney for you as early as possible is essential for you to maintain your legal claim against the truck that caused your injuries.

Which attorney should I hire?

The right attorneys for you in a trucking accident case are those who have experience dealing with big trucking companies and the defenses which will be asserted in any trucking accident case. 

You want an experienced team of attorneys on your side to help you recover the entire amount you are entitled to and avoid the proverbial minefield of defenses an insurance company will set forth to attempt to avoid paying for injuries sustained. Furthermore, with the various rules and complexities of litigation, you want an experienced team of attorneys who regularly go to court.

The team of attorneys at Tonalaw has the experience needed to aggressively pursue your claims and get you the maximum recovery after a trucking accident occurs. The attorneys at Tonalaw are experienced litigators who are dedicated to their clientele and regularly appear in courts all over the New York Metropolitan and Long Island areas. They have years of experience litigating cases and know the ins and outs of the litigation process. For a free consultation, call 1-833-TONALAW or contact us online.

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Amber PalermoAmber Palermo
17:50 23 Dec 22
The professionalism and expertise of the TonaLaw team is unmatched. I’ve worked with Juliet and she was incredibly knowledgeable, friendly and I could tell that she cared about helping me. If you’re looking for a legal team that helps with you any problem, big or small, TonaLaw is a team you can trust.
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16:49 23 Dec 22
The TonaLaw team is full of wonderful and hardworking people. I have personally worked with Juliet and she is excellent. You can tell she truly cares about the work she is doing. Highly recommend.
Elizabeth MartinezElizabeth Martinez
15:42 16 Dec 22
I can not be thankful enough for the amazing experience Tonalaw has given me from the very beginning. If you are looking for a lawyer who truly cares about your case then TonaLaw is for you. The amount of time and dedication they put in a case really shows how above and beyond they go. Not to mention how sweet everyone is really makes it a pleasure to work with TonaLaw.
Beatrice CestaroBeatrice Cestaro
22:06 14 Dec 22
I am extremely satisfied and happy to have chosen Tonal Law . The whole experience was flawless And I had absolutely no issues throughout the entire process. Everyone was so helpful and on time with everything, answered any questions I had, and we’re always easily available if I had any concerns. I basically did not have to lift a finger or do absolutely anything at all but answer a few questions. I put my full trust into Tona Law and I’m happy I did so. Would for sure recommend to any of my family and friends.
Anita AbramsAnita Abrams
21:14 05 Dec 22
Tona Law was an absolute pleasure to work with. As a local ART and Custom Framing resource, we helped to enhance their new offices, with beautiful and sophisticated, well curated artwork. Tom and his team were closely involved in all of the selections, and the environment is warm and friendly, as a result. Everyone at Tona Law, is considerate and professional.
Dawn DemartinoDawn Demartino
16:25 11 May 22
From start to finish I was informed every step of the way of the status and updates of my case… the time and steps taken to resolve my case in the best possible outcome was just one of the many great things Tonalaw provided. Personal care and commitment is top notch. Thank you !!
Louis B.Louis B.
15:27 08 Apr 22
Over the last few years Tona Law has guided me through the process with clear communication throughout. They are truly a client advocate and will do everything in the best interest of the client. Cannot thank them enough for all their work done for me.
Richard WoolleyRichard Woolley
19:49 26 Mar 22
Tom Tona and his team are fantastic. They do a great job for their clients. Can't recommend them highly enough.
Stacy LofredoStacy Lofredo
23:41 24 Mar 22
Tona Law has simplified no fault medical billing in a way that allows staff to effortlessly navigate through what could be a confusing process. Their staff is knowledgeable and responsive that we never have to worry about the ever-changing regulations because they are on top of keeping up to date with any changes in keeping their clients informed which is priceless!
Ruben ReyesRuben Reyes
15:29 13 Aug 21
They responded right away and were very professional. Brittany Reyes was very helpful. Thank you for your help
Randy RodriguezRandy Rodriguez
03:24 09 Aug 21
Would highly recommend if anyone is seeking any legal advice!