Brooklyn Car Accident Attorney Samantha Kucher Explains When It May Be Too Late to File a Car Accident Claim

Brooklyn, NY - Following a car accident, it is common for individuals to hesitate before contacting legal counsel. However, delaying legal action can significantly impact the outcome of a claim. Brooklyn car accident attorney Samantha Kucher of Kucher Law Group (https://www.rrklawgroup.com/when-is-it-too-late-to-get-a-lawyer-for-a-car-accident/) is raising awareness about the time-sensitive nature of car accident claims and the consequences of waiting too long to seek legal guidance.

According to Brooklyn car accident attorney Samantha Kucher, even those who believe too much time has passed since their accident may still have legal options. However, waiting increases the risk of losing vital evidence and may weaken the claim. "Many people think they've missed their chance to get a lawyer if some time has passed after their accident," Kucher explains. "But there may still be legal options available; the key is to speak with someone as soon as possible."

New York law allows accident victims up to three years to file a car accident lawsuit. While this timeframe might appear sufficient, Brooklyn car accident attorney Samantha Kucher notes that the reality is far more urgent. Evidence such as surveillance footage, traffic camera recordings, and physical road markings often disappear within weeks or even days of the crash. Witnesses may move or forget key details, and medical records can be less impactful if treatment is delayed.

Kucher emphasizes that insurance companies often use these delays to their advantage. Claims may be denied or reduced by arguing that injuries were caused by unrelated incidents or that the delay in seeking treatment indicates the injuries were not serious. Immediate medical attention, even for symptoms that appear minor at first, creates documentation that connects the injuries directly to the crash, reducing the opportunity for insurers to dispute the claim.

There are several common reasons accident victims wait to seek legal help. Some believe their injuries are minor, only to discover more serious symptoms later. Others fear the cost of hiring a lawyer, not realizing that most personal injury attorneys work on a contingency fee basis. There is also a widespread assumption that insurance companies offer a fair settlement. As Kucher warns, adjusters are trained to protect company interests, often using early statements from victims to challenge or reduce payouts.

For those injured in accidents involving minors or government vehicles, the rules differ. In cases involving minors, the statute of limitations is extended, allowing children to file a lawsuit up to three years after turning 18. For crashes involving municipal or state vehicles, a Notice of Claim must typically be filed within 90 days, and a lawsuit brought within one year and 90 days. Failure to meet these deadlines can result in a permanent loss of the right to sue. Kucher highlights that Brooklyn's dense traffic, along with the high number of city-owned vehicles, increases the likelihood of such cases.

When a defendant leaves New York State after an accident, the statute of limitations may pause during their absence. However, this exception requires concrete documentation, and assumptions are not enough to delay legal proceedings.

Missing the statute of limitations entirely has serious consequences. Courts may dismiss the case regardless of evidence or fault. Once dismissed, the opportunity to seek compensation is permanently lost. The financial burden for medical expenses, lost wages, and other damages then falls solely on the victim. Insurance companies are well aware of these deadlines and may even halt negotiations as the expiration date nears.

Delays not only risk missed deadlines but also weaken available evidence. Over time, witness recollections become less reliable, and medical records may be archived or lost. Accident scenes evolve, roads are repaved, intersections are restructured, and camera systems are upgraded or removed. In a borough like Brooklyn, where traffic patterns shift frequently and construction is constant, recreating the scene of an older accident becomes increasingly difficult.

High-traffic areas such as the Brooklyn-Queens Expressway, Atlantic Avenue, and Ocean Parkway are frequent sites of collisions. Intersections like Flatbush and Atlantic are especially hazardous during peak hours. While traffic cameras in these locations may record the incident, footage is often overwritten quickly. Legal action initiated promptly increases the likelihood of preserving this crucial evidence.

Car accident claims in Brooklyn are typically handled at the Kings County Supreme Court, located at 360 Adams Street. The court process can take 18 to 24 months or longer. Filing early provides more time to gather documents, secure expert evaluations, and prepare a strong case. Brooklyn residents also benefit from access to local trauma centers such as Kings County Hospital Center and Brookdale Hospital Medical Center, which provide emergency medical records that support legal claims.

Kucher Law Group encourages accident victims not to assume that too much time has passed. Legal options may still be available depending on the specific circumstances of the case. As Samantha Kucher states, "The key is not to wait any longer. Whether dealing with a delayed injury or weren't sure about rights, speaking with a lawyer now can make all the difference."

Acting quickly after a car accident is essential. Early legal intervention helps preserve evidence, secure medical documentation, and protect the right to fair compensation. Delays can cost not just time, but the ability to recover damages entirely. For those unsure of what steps to take next, speaking with an attorney may provide the direction needed to move forward.

To learn more about legal options after a car accident or to schedule a consultation, reach out to Kucher Law Group and speak with Brooklyn car accident attorney Samantha Kucher.

About Kucher Law Group:

Kucher Law Group is a Brooklyn-based law firm dedicated to helping injury victims pursue fair compensation following car accidents and other serious incidents. Led by attorney Samantha Kucher, the firm focuses on providing practical legal guidance and support throughout New York City.

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Website: https://www.rrklawgroup.com/

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