Car accidents can be devastating, leaving individuals and their families with bills and expenses that they cannot pay. That is where insurance and lawyers step in.
We fight to get the compensation you need from your insurance and the at-fault driver’s insurance. We can seek to maximize the damage payments you receive to get you and your family back on the road after a serious crash.
For a free case review after your accident, call The Carrion Law Firm’s car accident lawyers at (631) 910-7493.
What Are Considered “Serious Injuries” in a Car Accident in Valley Stream?
In New York, we use no-fault insurance. This means you get compensation from your own insurance for minor crashes, and they pay only for medical bills and a portion of your lost earnings. Under this system, you cannot sue the at-fault driver, and you cannot get pain and suffering damages, unless your injuries are “serious.”
The definition of “serious injury” is found under I.S.C. Law § 5102(d).
Death and Lost Fetus
If someone dies or you lose a fetus in the accident, the surviving family can always sue for that.
Permanent Loss/Lost Function
Any injury that permanently costs you use of the body part or organ will be considered “serious.”
Significant Limitation
The same is true for significant limitations. This could mean, for example, bladder or intestinal damage that causes ongoing problems.
Fractures
Any broken bones qualify you for a lawsuit and pain and suffering.
Temporary Disability
If an injury will keep you from doing your “customary daily activities” for 90 of the following 180 days after the crash, that is also “serious.”
“Significant Disfigurement”
Serious scars to the face, head, and neck are considered “serious.”
The Process of Suing After a Car Accident
If you have serious injuries, then you are entitled to sue despite the fact that you have no-fault insurance. You may still use your insurance first to help cover damages without needing to prove fault, but after that, you can recover pain and suffering and any missing damages.
You can potentially file an insurance claim against the defendant and their liability insurance, but if they refuse to pay up, we can take them to court.
At the beginning of the case, we file a “complaint” that lays out what the defendant did wrong, how that caused your injuries, and how much your damages are worth. From there, they will try to get the case dropped, and we will respond to that.
Additional motions and hearings will be needed to sharpen the issues, deal with evidentiary questions, and to settle the jury instructions that will be used. Both sides will also exchange evidence and move on to scheduling the case for trial.
At trial, we present your evidence and arguments to the jury, and they decide the case.
When Does My Case Settle?
If your case is paid after an insurance claim, that is technically a settlement. The insurance company can also be negotiated with, and a negotiated settlement is probably better than any initial offers the defendant’s insurance would make on their own.
However, claims can also settle any time during the court process. Just because we go to court does not mean we need to go to trial, and nearly 99% of cases do settle. We can even potentially settle mid-trial if the defense wants to stop the case.
Judges will often push parties to settle by holding conferences or requiring mediation. There, the parties can try to work out an agreement in good faith, but nothing is binding until both sides sign a settlement agreement.
Once you settle, your case is over. Never accept money or sign any agreements from the defense without checking with your lawyer first.
How Much is My Case Worth?
One of the biggest reasons it is vital to work with a car accident lawyer is to avoid low-dollar settlements. Insurance companies are quick to try to end cases by offering fast cash, but it is often too low for your needs. They may even mail you a check, hoping you cash it. That might also function as a settlement.
It is vital to know that you can claim full compensation for any of these costs and harms:
- Medical bills
- Therapy bills, both physical and mental health
- Lost earnings, both past and future
- Vehicle damage
- Pain
- Suffering
- Mental/emotional damages.
Our lawyers cannot judge the value of these damages until we examine your specific case. Different wages, different disabilities, and other details will all determine these values and pain and suffering calculations. Since pain and suffering and other non-economic damages are usually based on the overall severity of the injury, this takes a separate analysis.
How Can I Increase My Damages?
You should never try to exaggerate your case or your claim for damages. Every piece of your damages needs proof behind it, including medical bills, pay stubs, financial records, and other documentation.
If we cannot reasonably prove damages, we are not allowed to claim them.
The exception, in some ways, is pain and suffering. No specific proof is needed to show that you experienced pain and suffering. It is expected that every case with serious enough injuries involves pain and suffering at some level. The question then is what level your pain and suffering was at.
We can represent this with arguments and evidence about how the accident affected your life, all with the point of showing the injuries were severe. The more severe, the higher the payout, but we must keep our arguments reasonable based on the facts we can present.
Evidence of Damages and Fault
We need both proof of damages and proof of fault to win your case. While the records and bills discussed above provide proof of how much the injury cost, other records and evidence prove what happened and who was at fault:
- Witness testimony
- Your testimony
- Vehicle damage
- Photos of the accident scene
- Accident reconstruction expert reports, if necessary
- Medical records showing what injuries occurred and how they happened
- Video of the crash, if available.
Call the Valley Stream Car Accident Lawyers Today
If you were in a crash in Valley Stream or anywhere on Long Island, call The Carrion Law Firm’s car accident attorneys at (631) 910-7493 for your free case assessment.
