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East Village Car Accident Lawyer

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    The East Village is often challenging to drive through as it has its fair share of NYC’s negligent drivers. If one of them injures you, it can alter your life and put you desperately in need of compensation.

    Our attorneys can help you get that compensation by filing a lawsuit. At the heart of any accident case is evidence, and you will need a great deal of it to recover financial damages and pain and suffering. Without medical evidence showing that your injuries are serious or that your economic losses are significant, victims will be limited to getting compensation through their insurance. However, your insurance will only cover your medical bills up to your limits, not fully compensate you for lost wages, and provide no non-economic damages. A successful lawsuit should cover all the losses the defendant caused.

    For a free case evaluation, contact our car accident attorneys at The Carrion Law Firm today by calling (718) 841-0083.

    Understanding How Causes of Action for Car Accidents Work in the East Village, Manhattan

    New York’s no-fault insurance rules mean that car accident victims must apply for “first party” benefits through their own vehicle insurance carrier to reimburse their economic losses, according to I.S.C. Law § 5102(b). However, you will likely have non-economic damages in addition to your financial losses. § 5102(c) defines “non-economic loss” as the non-monetary detriment that results from the accident and attending to your injuries. You probably know it by its common name, “pain and suffering.”

    Unfortunately, § 5104(a) bars “causes of action” for personal injury (i.e., a lawsuit or claim) to recover non-economic loss from a motor vehicle accident. In fact, the only claims you can make without serious injuries are for “basic economic loss” (i.e., $50,000 worth of damages from your PIP insurance). Whether you are the driver, a passenger, on your bike, or a pedestrian struck by a vehicle, you must meet one of these two thresholds to file a lawsuit for pain and suffering. Our car accident lawyers can gather evidence to determine which option to use and submit it to the court.

    Several types of injuries will meet the “serious injury” threshold. Some are clearly serious, like death, amputation, loss of organ use, miscarriage, and other permanent injuries. However, non-permanent injuries will also qualify if they prevent you from performing your customary and daily activities for 90 days or more during the first 180 days immediately after the crash.

    You very likely have basic economic loss if you sustained serious injuries in the accident. The necessary costs of emergency medical care and ambulance transport from the scene, emergency room examinations, and continuing treatment can easily add up to tens, if not hundreds, of thousands of dollars with today’s healthcare costs. And this is before considering other financial losses, like lost earnings and other reasonable expenses. If your economic damages are over the basic financial loss threshold of $50,000, you will need to show you have serious injuries before you can sue to recover more than that limit.

    Determining Liability for a Car Accident in the East Village, Manhattan

    The next hurdle to overcome to recover compensation for a car accident is liability. Sorting out who did what in an accident can be challenging when even just one driver is being sued since they can defend themselves with the “comparative negligence” rule. If multiple drivers are potentially negligent, we will need to determine the extent of each’s carelessness.

    Under C.V.P. § 1411, each party in a lawsuit is responsible for their own share of the fault. Unlike other states, though, you will not be denied compensation if you are found more at fault for the accident unless you are completely responsible for it. You will, however, lose recoverable damages in proportion to your comparative fault if the defense succeeds.

    For example, if the court awards you $100,000 in damages but finds you 30% negligent, your recoverable damages would come out to $70,000. In this instance, if you were instead found 90% negligent, you would still recover $10,000.

    Gathering Evidence After a Car Accident in the East Village, Manhattan

    The best way to fight claims you partially caused your accident is to gather as much evidence as possible. Report your car accident immediately to the police. Then, go to the emergency room. When our team investigates your case, we will collect these documents, as well as employment records for lost wages and witness statements.

    Call 911 after the collision so that the NYPD can take a report. Police reports are generally inadmissible as evidence during a trial but are not barred from being used during settlement negotiations with insurance companies. Your accident report will provide an overview of the crash, including the time of day, where it happened, and the individuals involved. Officers from the 9th Precinct will most likely respond, where police reports can be obtained in person for free. However, we can get it for you online to save the trouble.

    If you were hit by one of the countless MTA vehicles in the East Village, the driver will usually need to report it to their supervisors. Our lawyers can request these internal reports during litigation if you were not provided with them.

    We will also use accident reports to find witnesses to support your claim. Eyewitness testimony often proves pivotal, especially in cases where liability is heavily disputed and there is little other evidence.

    Remember, to file a lawsuit for pain and suffering, you need to overcome the thresholds above, and you need medical evidence to do that. Your treating physician at the emergency room will typically give you instructions on getting additional care, which should also be in your discharge paperwork. It is important to adhere to the advice so that you have a comprehensive record of your damages. Our team can determine each provider that treated you, even if you are unsure, and organize the records.

    Call Our Car Accident Attorneys in the East Village Today for Help

    Call The Carrion Law Firm for your free case assessment with our car accident lawyers at (718) 841-0083.