Anyone can suffer a car accident. Whether travelling on a busy street or through an empty parking lot, accidents can occur. Crashes are often caused by drivers’ careless and reckless actions behind the wheel. Such accidents are often unavoidable and can cause extensive harm.
If you have been injured because of a car accident, you may be entitled to financial compensation. Depending on the injuries you suffered, the process for recovering monetary damages will involve filing a claim with your own insurer or bringing a claim against an at-fault driver. No matter the circumstances, the assistance of a car accident lawyer will be valuable when pursuing a claim.
If you have been injured in a car accident in Harlem, get help recovering the compensation available to you. Contact our experienced Harlem car accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Time Limits to File a Harlem Car Accident Lawsuit
Under the statute of limitations, victims will usually have three years from the date of a crash to file a lawsuit against another driver for damages related to their injuries. Even so, plaintiffs should not wait to file a claim. Pertinent evidence can become difficult to gather as time goes by, making your case harder to prove.
Furthermore, plaintiffs should give themselves time to re-file their claim if necessary. There are many requirements associated with filing a car accident case. Plaintiffs must build a complete and valid claim, attach supporting documents, file their case in the correct court, serve all named defendants, and pay any required court fees. Failure to comply with any of these requirements could force you to re-file your claim. Our Harlem car accident lawyers can help when filing or re-filing your claim.
Special rules apply to minors who have been injured in car accidents. The statute of limitations is typically “tolled” or paused until the child turns 18. This means that parents may file a case on behalf of their children at any point until the child is 18. After reaching the age of 18, victims have three years to file a claim for damages that occurred while they were a minor.
Damages Available in Harlem Car Accident Lawsuits
If you suffered serious injuries in a car crash, you may be able to file a lawsuit against the driver who caused the accident. There are several categories of damages available to plaintiffs in Harlem car accident lawsuits. Our Harlem car accident lawyers can help determine which of the following types of damages may be available in your case:
Medical Expenses
Plaintiffs in Harlem car accident lawsuits can recover damages for medical expenses related to their injuries. If your injury was caused by another driver’s negligent actions, you may file a claim against the other driver for the cost of your medical care and treatment.
Lost Wages
Additionally, damages for lost wages may be recovered in Harlem car accident lawsuits. Many crash victims will be unable to return to work for some time because of their injuries. Accordingly, plaintiffs may recover damages for the lost wages they incurred while they were away. Damages for lost wages will be calculated using your average weekly income.
In more severe cases, plaintiffs will be never be able to perform the work they could before they were hurt. Our Harlem car accident lawyers can fight for the lost future earning capacity of victims who are permanently unable to return to work.
Property Damages
Property damages may also be recovered in Harlem car accident lawsuit. Many accident victims will incur damage to their vehicle because of a crash. Plaintiffs may recover for the cost of repair or replacement of their vehicle. Further, any accident victim may file a claim for property damages against an at-fault driver, regardless of the injuries the victim suffered.
Out-of-Pocket Expenses
Out-of-pocket expenses are another category of damages that may be recovered in Harlem car accident lawsuits. Such damages cover financial losses related to an accident outside of medical expenses and property damages. For example, accident victims may recover damages for the cost of childcare or for the cost of travelling to and from their medical appointments. Our Harlem car accident lawyers can fight for out of pocket expenses, so you may receive the full range of compensation available to you.
Pain and Suffering
Furthermore, plaintiffs in Harlem car accident lawsuits may also recover damages for the cost of physical pain and emotional suffering incurred because of a crash. Victims may recover for both mental and physical pain.
For example, victims may recover for the emotional anguish associated with being unable to enjoy the same activities they did before a crash. Additionally, victims who experienced scarring and disfigurement because of a car accident may recover for the cost of physical pain and emotional anguish related to such injuries.
Establishing damages for pain and suffering can be difficult. Various types of evidence may be used. Our experienced Harlem car accident lawyers can help determine if damages for pain and suffering may be pursued in your case.
Punitive Damages
Lastly, in rare cases, punitive damages may be awarded in some rare cases. Courts award punitive damages in order to punish grossly negligent defendants and deter similar behavior. For example, punitive damages may be awarded in a case where a drunk driver caused an accident while traveling the wrong direction on a one-way street. If you suspect you were injured in a car accident because of another driver’s grossly negligent behavior, our team can conduct a free case review to evaluate if punitive damages may be awarded in your case.
Elements of a Harlem Car Accident Lawsuit
The process of pursuing a car accident lawsuit can vary from case to case. However, there are four general elements that must be established for your car accident case to succeed:
- The other driver owed you a duty of care
- The other driver did not adhere to that duty of care
- You were hurt because of the other driver’s breach of duty
- You incurred damages because of your injuries
Establishing each of these elements can be complex. Victims can contact our Harlem car accident lawyers for help proving the elements required to win their case.
If You Were Injured Because of a Car Accident in Harlem, Our Lawyers Can Help
If you have been injured because of a car accident, seek support from our experienced Harlem car accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.