(914) 220-1086No matter how careful of a driver you may be, car accidents can – and do – happen. In many cases, these crashes are caused by careless drivers. In these situations, you might be able to file a lawsuit against the at-fault driver for your injuries.
While New York is a no-fault accident state, you can pursue legal action if you suffered a serious injury in a motor vehicle accident. Our New Rochelle car accident attorneys will fight to get you maximum compensation for your injuries. Your recovery may include money for your property damage, lost wages, medical expenses, pain and suffering, and other losses.
At the Law Offices of Thomas L. Gallivan, we are committed to helping accident victims get justice for their injuries. We offer free initial consultations and never charge a fee unless we recover money for you. Contact our law firm today to talk to a New Rochelle personal injury lawyer about your case.
Can I File a Lawsuit for My New Rochelle Car Accident?
In New York, all drivers are required to carry personal injury protection (PIP) coverage as part of their car insurance policy. Also referred to as no-fault insurance, PIP will pay for your medical bills, lost wages, and some other reasonable and necessary expenses after an accident. No-fault insurance is designed to make sure that anyone hurt in an accident gets paid promptly, regardless of who was at fault for the crash.
When you are injured in a motor vehicle accident, some of your immediate expenses – like medical care – will be paid by your own insurance company, up to your PIP policy limits. Basic no-fault insurance will pay up to $50,000 towards:
- 80% of lost earnings, capped at $2,000 per month for up to 3 years;
- Reasonable and necessary medical and rehabilitation expenses related to the accident;
- Up to $25 per day for other reasonable and necessary expenses (such as household help); and
- A $2,000 death benefit.
No-fault insurance does not pay for property damage or other losses, such as your emotional distress. For this reason, PIP coverage isn’t enough to pay for many accident victims’ full scope of losses.
Under New York law, a person injured in a motor vehicle accident cannot file a personal injury lawsuit unless they suffered a “serious injury.” This includes:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential use of a body function or system
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute their usual and customary daily activities for at least 90 out of the 180 days after the injury.
Under this law, if you just had a few minor cuts and bruises, then you are probably limited to PIP coverage after a car accident. However, if you suffered a more severe injury – such as a broken bone or a traumatic brain injury – then you could file a claim against the at-fault party.
Unsurprisingly, insurance companies often argue that an accident victim’s injuries aren’t serious so that they don’t have to pay out on claims. Our experienced New Rochelle car accident lawyers will advocate for your rights – and help you get the money that you deserve for your injuries.
Proving Fault in a New Rochelle Automobile Accident
If you are able to file a lawsuit, then the new step is proving that the other driver caused the crash. Most New York accident claims are based on a theory of negligence, which is a legal standard that essentially means that a person was careless. In more unusual cases, such as drunk driving accidents, the claim is brought for intentional or reckless conduct.
The accident victim (plaintiff) has the burden of proving that the at-fault driver (defendant) was negligent in some way. The plaintiff has to introduce evidence of 4 elements:
- Duty: the defendant owed the plaintiff a duty to use reasonable care.
- Breach: the defendant violated that duty in some way.
- Causation: this violation was the cause of the plaintiff’s injuries.
- Damages: the plaintiff suffered losses as a result.
Consider a situation where the defendant was texting and driving and rear-ended the plaintiff. The defendant owed the plaintiff a duty to follow New York law and to pay attention while driving. They violated that duty by texting and driving – and caused the plaintiff’s losses in doing so. In this situation, the defendant will be responsible for the plaintiff’s losses.
Of course, car accident cases can often be more complex. For example, if both drivers bear some of the responsibility for an accident, determining fault can be more complex. Similarly, it can often be hard to determine who was responsible in a multi-vehicle car accident.
New York follows the legal theory of comparative negligence for cases like these. Under this standard, you can still recover for your injuries in a motor vehicle accident even if you were partially at fault. Your total recovery will then be reduced by the percentage of your blame. For example, if you suffered $100,000 in losses and were 20% at fault, then your recovery will be reduced by 20% to $80,000.
The best way to get full compensation for your injuries is by working with a New Rochelle car accident lawyer. Our legal team will thoroughly investigate and analyze your case to put together the strongest possible case for compensation. Throughout the process, we will stand by your side – fighting to protect your rights.
Compensation and Settlements in New York Accident Claims
The majority of personal injury claims are resolved through settlement. In fact, you might even be offered a settlement by an insurance adjuster before you have even had a chance to talk to a lawyer. While you might be tempted to just take the check, you should never give a statement, sign any paperwork, or accept any money before you have scheduled a free initial consultation with a New Rochelle personal injury attorney.
It is impossible to know whether a settlement is fair without understanding the actual value of your case. During a consult, your lawyer can help you understand what your case is worth – and whether any potential offer is good. Always remember that the insurance company’s goal is to resolve the case for as little money as possible – not to get you maximum compensation.
A car accident settlement may include three types of damages: economic, noneconomic, and punitive damages. Economic and noneconomic damages are compensatory damages because they pay a plaintiff for their losses. Punitive damages are a bit different because their goal is to penalize the defendant instead of paying an accident victim.
Economic damages include all of your direct financial losses associated with the accident. Common examples include property damage, lost wages, reduced earning capacity, medical bills, and future medical treatment. Depending on your specific situation, you might have other economic damages – such as medical equipment – that will be covered by this category.
Noneconomic damages pay for your intangible losses. Although you won’t get a bill for these losses, they are just as important as economic damages. They include things like pain and suffering, loss of enjoyment of life, emotional trauma, scarring, and disfigurement.
Finally, punitive damages are awarded in more unusual cases involving intentional or reckless conduct. These damages are designed to punish a person who acted badly. Our New Rochelle car accident lawyers can advise you of your right to punitive damages based on the facts of your case.
The calculation of damages can be complicated and often relies on input from experts. If you want to get top dollar for your losses, then you should never accept a lowball settlement offer from the insurance company. Instead, reach out to the Law Offices of Thomas L. Gallivan to learn more about how we can help you get maximum compensation for your injuries.
Help for New Rochelle Car Accident Victims
The days and weeks after a car accident are often a blur. You might not be able to concentrate on tasks like dealing with the insurance company – but fortunately, we can handle that for you. We will advocate for you throughout the process, allowing you to focus on your health and recovery.
The Law Offices of Thomas L. Gallivan represents people who have been hurt in car accidents in New Rochelle, New York. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to talk to a New Rochelle car accident attorney, give us a call at 914-220-1086 or fill out our online contact form.
I Was in a Minor Car Accident. Do I Need a Lawyer?
In New York, most truly minor car accidents are handled through no-fault insurance – but it can be hard to know if your accident is considered “minor.” If you have any questions about your rights and options, then your best bet is to contact a New Rochelle car accident attorney for a free consultation.
The insurance company does not represent your best interests in a car accident case. In fact, their interests are directly opposed to yours. Talking to a lawyer is the best way to understand your rights. Contact the Law Offices of Thomas L. Gallivan today for a free consultation.
How Long Do I Have to File a Car Accident Lawsuit?
In New York, the statute of limitations for most personal injury claims is 3 years. With a few exceptions, this means that you have to file a lawsuit within 3 years of the date of your car accident. If you don’t, then any case that you bring will likely be tossed out of court.
While 3 years is a long time, it is always a good idea to get the process started sooner rather than later. Over time, important evidence may be lost and witness memories may fade. Call the Law Offices of Thomas L. Gallivan today to schedule a free consultation with a New Rochelle car accident lawyer.
