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If you have been hurt in a car accident in New York, you may be wondering what your options are for recovering money for your injuries. New York is a no-fault insurance state, which means that most car accident claims begin with Personal Injury Protection (PIP) coverage that pays for medical bills. However, if you suffered a “serious injury” as defined under the law, in a motor vehicle accident, you may be able to file a lawsuit against the at-fault driver.
In a personal injury lawsuit, you can seek compensation for the full extent of your losses, including pain and suffering, and lost wages beyond the relatively low limits of PIP coverage. Our experienced car accident lawyers will gather records, investigate the crash, and work with medical and financial experts to build the strongest possible claim. We will then fight to get you the compensation that you deserve for your medical expenses, lost wages, pain and suffering, emotional distress, and more.
Based in White Plains, the Law Offices of Thomas L. Gallivan advocates for clients throughout New York in a range of personal injury cases. We offer free initial consultations and handle all cases on a contingency fee basis. Reach out to our law firm to schedule an appointment with a New York personal injury attorney.
How Much Can You Demand in a Car Accident Lawsuit?
Each year, thousands of New Yorkers are injured in motor vehicle accidents. While some people walk away from crashes with only minor injuries, others may suffer serious or life-altering injuries. In these cases, you might be able to file a lawsuit against the at-fault driver.
The value of a New York car accident claim depends on many factors, including the severity of your injuries, whether you are expected to make a full recovery, the available insurance coverage, and whether fault is disputed. For example, injuries that require extended hospitalization, surgery, or long-term medical care will often result in higher compensation compared to cases involving minor injuries that heal quickly, like cuts and bruises.
In New York, you can demand any amount of compensation in a car accident claim as long as that number is supported by evidence. The demand for money cannot be arbitrary. Instead, it must be based on documented losses, such as medical bills, lost wages, and property damage, along with intangible losses like pain and suffering.
As part of an investigation into your case, our New York car accident attorneys will gather evidence to support your request for compensation. Typical documentation of losses for a car accident claim may include things like:
- Pay stubs
- Medical bills
- Car repair estimates and invoices
- Treatment plans for future medical treatment
Our team will also work with experts to help develop a claim for losses that are harder to document, like emotional distress. By putting together a strong claim for damages that is tied to the harm that you have suffered, our New York personal injury lawyers can negotiate a fair settlement for your losses. If necessary, we will take your case to trial to get you the compensation that you deserve.
How New York’s No-Fault Insurance Laws May Affect Your Recovery
New York is one of 12 states with a no-fault system for car insurance. This means that after a car accident, your own insurance policy’s Personal Injury Protection (PIP) pays for medical expenses, lost wages, and certain other expenses, regardless of who was at fault for the crash.
In New York, all drivers are required to carry both liability coverage and $50,000 in PIP coverage. Basic PIP coverage provides up to $50,000 per person for:
- Reasonable and necessary medical bills related to the accident
- 80% of lost income, up to $2,000 per month
- Up to $25 per day for reasonable and necessary expenses related to the accident (such as transportation costs to get to medical appointments)
- For fatal car accidents, a $2,000 death benefit to the person’s estate
The purpose of no-fault insurance is to ensure that accident victims receive prompt payment for basic economic losses without having to file a lawsuit. However, PIP does not compensate accident victims for any losses beyond the ones listed below. This means that if your case is limited to PIP, then you can’t recover for reduced earning capacity, pain and suffering, emotional distress, and other losses.
To file a lawsuit against an at-fault driver under New York’s no-fault insurance laws, you must have suffered a “serious injury.” Under New York law, a serious injury includes:
- Death
- Dismemberment
- Loss of a fetus
- Significant disfigurement
- Bone fracture
- Permanent loss of a body organ, member, function, or system
- Permanent “consequential limitation” of use of a body organ, member, function, or system
- Significant limitation of the use of a body function or system
- A non-permanent injury or impairment that prevents the performance of “substantially all” of the claimant’s “usual and customary daily activities” for at least 90 of the 180 days since the accident
If your injuries qualify as a serious injury, or if you have met a threshold of $50,000 in losses, you are not limited to a no-fault claim. Our New York car accident attorneys will evaluate your case and your injuries and determine whether it may be possible to file a personal injury lawsuit against the at-fault driver.
When dealing with insurance companies after a car accident, it is important to remember that they have an incentive to resolve the case for as little money as possible. One way that an insurance adjuster might do this is by telling you that your injury is minor and only qualifies for PIP benefits. This may or may not be true.
Before accepting what an insurance adjuster tells you, schedule a consultation with a member of our legal team. We have handled thousands of car accident cases across New York and understand the law when it comes to serious injuries that can take you out of no-fault coverage. We will give you our honest assessment and help you decide how to move forward with your case.
Types of Compensation in a New York Personal Injury Lawsuit
If you meet the serious injury threshold for your car accident case, you may be able to recover damages through a personal injury lawsuit. These damages typically fall into three categories:
- Economic damages include direct financial losses, such as medical bills, future medical care, lost wages, reduced earning capacity, and property damage.
- Non-economic damages compensate accident victims for their intangible losses, including pain and suffering, emotional trauma, reduced quality of life, scarring, and disfigurement.
- Punitive damages may be awarded in rare cases where the at-fault driver acted with extreme recklessness or intentional misconduct, such as drag racing on a public highway or driving while under the influence of alcohol and/or drugs. Punitive damages are not awarded in cases involving ordinary negligence, like speeding or merging without yielding.
Any settlement for a New York car accident should include money for economic and non-economic damages. Depending on the facts of your case, you may also be entitled to punitive damages. Our team of skilled New York car accident attorneys will advocate for your right to full compensation for all of your losses.
What Is the Average Settlement Amount for a New York Car Accident Case?
There is not really an “average” settlement for a New York car accident claim. Every car accident case is different, and compensation will depend on the unique facts of the case. For example, a person who suffers a spinal cord injury or a traumatic brain injury will likely recover far more than someone who broke an arm and is fully recovered after a few months in a cast.
The value of your case is also based on other factors, such as the amount of insurance the at-fault party has and the facts that may be uncovered as the case progresses. If you were partially at fault for the accident, for example, then the value of your case may be reduced through New York’s comparative negligence laws. If you have been hurt in a car crash, our New York car accident attorneys will give you a ballpark estimate of the value of your case and will keep you updated throughout the process.
The Insurance Adjuster Is Offering Me a Settlement. Should You Accept?
Unless you did not suffer any injuries or only suffered extremely minor injuries in a car accident, you should not accept an offer from an insurance company without first talking to a lawyer. Insurance companies want you to accept the lowest possible settlement amount, so their interests are directly opposed to yours. The adjuster may even try to convince you that your injury is minor and that you do not meet New York’s serious injury threshold.
An insurance adjuster’s assessment of your case is not the final word. A New York car accident attorney can review your medical records, consult with treating physicians, and determine if your injuries qualify you to step outside of the no-fault system. We can also put together a strong claim for damages to help you get full compensation through a personal injury lawsuit.
Can You Get More Money If Your Accident Case Goes to Trial?
It is often necessary to file a lawsuit to protect your legal rights under New York’s statute of limitations for personal injury cases. This does not mean that your case will go to trial. In fact, most car accident cases in New York are resolved through settlement rather than in court.
If the insurance company refuses to offer fair compensation, then going to trial may be the only way to get full value for your claim. Of course, going to trial does present risks, including the possibility that a jury will award you less than what the insurance company offered to settle the case. Our seasoned New York car accident attorneys can help you weigh the risks and benefits of settlement versus trial based on the specific facts of your case.
Get Help From a New York Car Accident Attorney
While you can sue for almost any amount for your car accident injuries, the amount that you demand in compensation should have some basis in fact. You also must meet New York’s “serious injury” threshold to be able to file a personal injury lawsuit and get out of the no-fault system. Our law firm can evaluate your case, put together a claim for compensation to make you whole again, and fight for your right to maximum compensation.
At the Law Offices of Thomas L. Gallivan, we are fierce advocates for clients who have been hurt in all types of accidents, including car crashes. We will work tirelessly to get you full compensation for your injuries. To learn more or to schedule a free initial consultation with a New York car accident lawyer, call our law firm at 914-220-1086 or fill out our online contact form.
