Car accidents happen every single day here in New York City. If you’ve been hurt in one, it’s in your best interests to retain the services of a competent New York City car accident lawyer who can assess your accident, determine whether you have a valid personal injury claim, and, from there, fight for the financial compensation you deserve and need to heal. Contact the Law Offices of Brian J. Elbaum today to schedule your free case evaluation with our legal team.
Car Accident Lawyer Serving New York City
We believe that all accident victims deserve to be fairly and fully compensated for their injuries. These accidents often cause physical, financial, and emotional damages, and you need a New York City auto accident lawyer who can help you recover those damages.
Common Causes of Car Accidents in NYC
Car accidents most frequently happen when one or both motorists behave negligently by ignoring the rules and regulations of the road. Just some of the most common causes of car accidents are as follows:
- Driving while intoxicated
- Distracted driving
- Failing to stop at stop signs
- Failure to yield
- Tailing drivers too closely
Those hurt because of motorists who were doing any of the aforementioned at the time of their accident will most likely have a strong personal injury claim.
No-Fault Insurance in New York
In New York, if you are injured in a car accident (also called a motor vehicle or automobile accident), your options to recover damages may be limited by the “No-Fault” law.
New York is a “No-Fault” car insurance state. This means that if you are injured in a car accident, you must first file a No-Fault claim under your own car insurance policy in order to receive money for your medical bills and certain other limited types of economic losses, regardless of who caused the accident.
No-Fault deadlines are short and require immediate action. Speak with an experienced New York City car accident lawyer to help you file all necessary No-Fault paperwork on time.
In addition, if your injury qualifies as a “Serious Injury” you may sue the other driver (“defendant”) in court for damages. A “Serious Injury” includes any of the following: significant disfigurement, a broken bone, permanent limitation of use of a body organ, a significant limitation of use of a body function or system, or a substantially full disability that lasts for at least 90 days.
If your injuries qualify as a “Serious Injury,” you and your New York City car accident lawyer need to prove that the defendant you are suing owed you a duty of care, that they failed to perform this duty of care either by their action or failure to act while driving their car or vehicle, that this defendant caused the accident and is therefore responsible for your injuries and that your injuries resulted in money or other types of damages.
Getting Compensation if You Partially Caused the Accident
It should be noted that, in New York, if you are found to be partially responsible for the car accident, then your awarded damages may be reduced accordingly. This would be defined as your proportion of fault, or “comparative/contributory negligence.”
Overall, the types of damages that may possibly be awarded to you in a car accident case include medical expenses, lost wages, loss of enjoyment of life, rehabilitation expenses, life planning expenses, and pain and suffering, which is often the largest portion of damages awarded. Unlike some states, New York does not limit the amount of pain and suffering damages that may be awarded to you.
On the other hand, if you should die during either the car accident or afterward, your case changes from a car accident personal injury case to a wrongful death case in which your family may be awarded damages. In that situation, No-Fault insurance will also pay your estate a separate funeral benefit. Your estate could also possibly recover other special damages due to your death, including damages for financial loss to your immediate family as well as damages for loss of parental guidance, regardless of the age of your surviving children. Also, your estate may be eligible to recover damages for any fear of impending death that was felt by you immediately before your death.
Statute of Limitations
If you were injured in an accident, it is imperative that you file your personal injury claim within three years of the date your accident occurred. Waiting longer than the statute of limitations will most likely result in you losing your right to sue permanently. In some cases, such as if you were hurt in an accident involving a motor vehicle owned by a municipality or the state, such as a public bus, you will have to file a Notice of Claim within a matter of months. This is why it’s best practice to simply reach out to a New York City car accident lawyer as soon after your accident as you can.
Contact Our Car Accident Lawyer Today
The bottom line is that if you’ve been hurt in a car accident due to no fault of your own, your best option is hiring a competent New York City car accident lawyer who can help you fight for the maximum compensation to which you are entitled. Contact The Law Offices of Brian J. Elbaum today to schedule your free initial consultation with our experienced legal team.