New York City (NYC) Car Accident Lawyers
A car accident in New York City can be one of the most overwhelming experiences in your life. Facing severe injuries and property damage caused by a negligent driver can disrupt your life entirely. Naturally, you want to ensure everything is taken care of soon after your crash. However, reaching peace of mind after an accident can be challenging, especially when dealing with New York’s complex insurance and personal injury liability laws.
In order to sue another driver for their negligence, you will have to show that your injuries meet the severity threshold set out by state law. Doing so can get you compensation for your pain and suffering, an additional category not included in insurance claims for medical expenses, property damage, and lost income.
Do not let another driver’s negligence derail your life. Our NYC car accident attorneys from The Carrion Law Firm can fight for financial compensation and work to bring those responsible to justice. Call (718) 841-0083 to schedule a free and confidential case review.
Factors that May Impact Your Compensation After a Car Accident in NYC
The first thing that comes to mind in most car accident claims is how much compensation is available. One crucial takeaway in personal injury cases involving car accidents is that there is no set dollar amount for compensation for each case. Every car accident is unique, and each incident has different circumstances that can significantly impact your compensation.
Every factor in your car crash matters. Our NYC car accident lawyer can help you walk through all of the elements of your crash to help you understand what to expect from your case moving forward.
The severity and extent of your injuries can play a significant role in your compensation. A victim who suffers minor injuries in a car accident may not recover as much compensation as one who suffered more substantial losses. When the court evaluates your case and looks at your injuries, they will consider all of the other elements tied to them. This means the court will grant compensation based on the cost of the medical treatment you received and the level pain your injuries caused, among other factors.
Another important factor that the court will look at when determining your compensation is the other driver’s actions. If their actions are found to be grossly negligent, reckless, and wanton, the court may grant you additional compensation or damages known as “punitive” damages. It is also essential to remember that New York has very unique insurance laws that can also impact your compensation after a car accident. Our attorneys at The Carrion Law Firm can walk you through this complicated insurance process.
New York’s No-Fault Insurance System and How it Affects a Car Accident Lawsuit
Unlike some other jurisdictions, New York has what is known as “no-fault” insurance. Under this type of insurance system, the victim of a car accident must seek compensation from their car insurance, regardless of who was responsible for the crash. This can be frustrating for many car accident victims, especially after experiencing extensive losses. In many instances, the assistance provided by insurance companies may not fully compensate you for your losses. Typically, car insurance companies are limited to providing compensation for things like your medical bills, property damage, and lost wages. However, they remain silent about your pain and suffering, which are also important damages.
You may bring a personal injury claim against the liable parties in a car accident if you can demonstrate that you suffered serious injuries. To meet this threshold, you must prove you sustained an injury that lasted for more than ninety days. You can also show that your injury caused significant disfigurement, permanent limited use of a body part, or a permanent disability, among other significant losses. It is essential to consult with an experienced car accident attorney to get a better sense of your situation and how your injuries may provide you with a better chance to get full compensation.
Benefits of a Lawsuit Compared to an Insurance Claim for a New York City Car Accident
When you file a claim with your car insurance provider, you can recover compensation for your medical expenses, repair or replacement value of damaged property, and lost income while recuperating from your injuries. However, your insurer will only cover up to the limit allowed by your policy. Different policies have varying limits, but you may find that your recovery will be cut short if you only choose to file an insurance claim.
A lawsuit, on the other hand, provides compensation for all of these categories, without being hamstrung by policy limits. If your serious condition warrants a serious amount of monetary recovery, you deserve to get it, especially when another driver was responsible.
Additionally, lawsuits provide damages for what insurance claims cannot – the personal and emotional pain and suffering that accompanies severe car accident injuries. Victims may experience chronic pain or the onset of psychological conditions such as depression, anxiety, or post-traumatic stress disorder. These conditions can impact a victim’s enjoyment of life, personal relationships, and their ability to engage in their favorite activities or pastimes.
Insurance does not provide for these harms because they are not financial in nature, but that does not mean they are any less real to the victim. The best way to get an idea of how much more you stand to gain through a lawsuit as opposed to an insurance claim is to bring your case to the attention of one of our seasoned New York City car accident lawyers.
What If the Other Driver Flees or Has No Insurance?
The State of New York has the third-lowest estimated rate of uninsured drivers on the road, behind New Jersey and Massachusetts. Only roughly 4% of drivers on New York roads are uninsured, less in New York City itself. Therefore, you are unlikely to run into a situation where you are in an accident and the other driver does not have insurance coverage.
However, if you do, there is a reasonable possibility that the driver decides that they are better off leaving the scene before the authorities arrive. This is technically a hit-and-run under New York law, which is a criminal act.
Drivers may decide to flee the scene for a variety of other reasons, including those who are unlicensed, intoxicated, driving someone else’s vehicle without permission, or simply panicked. For this reason, you should always call 911 if you are involved in an accident. If the other driver leaves, you can provide a description of the driver and their vehicle to the dispatcher so that patrolling officers in the area can attempt to apprehend them.
If the other driver flees and is not caught, you may not have the ability to file a lawsuit. However, you can still recover compensation for your harms through your own insurer’s Personal Injury Protection policy (PIP). Most insurance plans offered in New York have specific coverage pertaining to uninsured motorist accidents for specifically this reason. If your insurer gives you a hard time about a claim after a hit-and-run, be sure to contact our New York car accident attorneys as soon as possible.
How Long Does It Take to Get Compensated After an Accident?
Car accident victims often have concerns about when they will get the compensation that they deserve. Unfortunately, it is difficult to estimate how long it will take to get your compensation without specific information about your case.
Factors that may affect the timeline for receiving compensation include whether you are pursuing an insurance claim or a personal injury lawsuit, the number of vehicles that were involved in the accident, the severity of your injuries, and the willingness of insurance companies to cooperate.
Most of these factors are not within your control. One aspect that you can control, however, is your representation. Car insurance companies that know they are dealing with a claimant who does not have a lawyer may often strategically drag out the process. They do this in the hope that the claimant settles for much less money upfront or even gives up on their claim entirely.
Our experienced New York City car accident lawyers know when an insurance company is acting in bad faith. By getting representation, you can prevent an insurer from using underhanded tactics to keep your compensation away from you, and potentially take the insurance company to court to recover even more than you were initially owed.
The Statute of Limitations for Car Accident Cases in NYC
In most car accident cases, the victims have up to three years to file their lawsuits with the court. This legal deadline leaves no room for error. If you fail to meet this legal timeline and do not submit your lawsuit, the court may – and probably will – refuse to hear your case. However, just because you may have plenty of time to file a lawsuit does not mean that you should wait that long to take legal action or delay other important tasks after your car accident.
The more time you wait to file your claim after your car accident, the more challenging it may get to win your case. Keep in mind that it is easier to obtain all of the evidence required in your case soon after your accident. If you wait too long, any physical evidence or testimony may be lost. Another important thing to remember is that your insurance company will look at the facts of your crash within hours of it happening. You may think that your insurance tries to look after your best interests. However, they will usually try their best to look for ways to deem you liable and reduce your payout all while increasing your premiums. You can act faster than your insurance company by hiring our legal services before talking to insurance.
It is critical to get the assistance provided by the experienced NYC car accident injury lawyers from The Carrion Law Firm. Our attorneys can work with you while preserving and protecting the evidence in your case.
How Much Does It Cost to Hire a Car Accident Lawyer in NYC?
Many accident victims with valid lawsuits choose not to pursue their claim because they are hesitant about the cost of legal fees, especially with medical bills piling up. Fortunately, many car accident injury lawyers in New York will work on contingency fees.
In a contingency fee structure, you need not worry about paying for your representation until your case is resolved, either by settlement or court verdict. Your lawyer gets paid a percentage of what you recover in damages. That way, your lawyer has extra motivation to win you more money, and you won’t be stuck paying for your representation than your case is worth. If your case ultimately does not succeed, you won’t owe your lawyer anything.
If you are concerned about your ability to afford competent and dedicated legal representation to help you with your car accident injury case, our resourceful New York City car accident lawyers can discuss possible flexible and creative fee structures with you that won’t put you in a financial bind while you recover from your injuries.
Our New York City Car Accident Attorneys Can Help
A car accident is something that can happen to you at any moment. It is always best to be prepared and understand your rights as an injured victim. Our car accident attorneys are ready to help you get back on your feet after your accident in NYC. The Carrion Law Firm is committed to providing you with the legal services you may require during this time. We will work tirelessly to sue the liable parties, hold them accountable, and uphold your interests every step of the way. For your free, confidential consultation, call (718) 841-0083 today.