Car accidents cause serious injuries that can lead to costly medical care, missed time at work, and difficult pain and suffering for victims. If the accident was caused by a negligent or reckless driver, the victim may be able to pursue compensation through a lawsuit and recover compensation for these and other harms.
To do this, you may need to demonstrate that your injuries qualify as an exception to New York’s no-fault car accident insurance laws, which require victims with less serious injuries to file insurance claims. Insurance claims will compensate the victim, but they are limited by policy terms and will not address the victim’s pain and suffering, so it is important to know when this option is available to you.
If you have questions, we can help you get answers. When you call (631) 910-7493 to speak to the Garden City car accident lawyers at The Carrion Law Firm, you can get your first-time case assessment free of charge.
Filing a Lawsuit for a Car Accident in Garden City
In order to win compensation in a court case after sustaining car accident injuries in Garden City, you must be able to show that the accident was caused by another driver’s negligence and that you sustained serious injuries as a result. These are important for different reasons.
Proving Negligence
In order to win a lawsuit for car accident injuries, you will have to demonstrate that another driver breached their duty of care to you by driving negligently. In other words, you must show that the other driver behaved unreasonably behind the wheel or violated some type of traffic law. Examples of these types of behaviors include speeding, running red lights, failing to account for weather conditions, and drunk or distracted driving, just to name a few.
It is not enough to show that the driver was simply negligent. You must also be able to demonstrate the causal relationship between the driver’s negligence and the accident. If a driver ran a red light two minutes before the accident occurred, it is unlikely that this negligent behavior was the cause of the accident.
Finally, you should be able to demonstrate that you sustained injury as a result of the accident. Though this may seem straightforward, many potential car accident lawsuits fail every year because the victim did not take the time to establish a medical record. This is why it is so crucial that you get medical attention as soon as possible after an accident, even if you believe that your medical needs are not immediate.
“Serious” Injury
New York follows a unique “no-fault” car accident injury rule. Under this rule, many car accident injury victims are prevented from filing a lawsuit and instead must seek their compensation through their own insurer, even if another driver was at fault for causing the accident. If you are filing an insurance claim with your own provider, you will not have to prove that the other driver was negligent, but you also will not be eligible to receive the same value of monetary remedy, as some of the forms of compensation available in a lawsuit are not available through insurance.
However, there is an exception that allows some car accident injury victims to step outside of the state’s no-fault rule if they can show that their injuries are “serious.” Of course, all car accident injuries should be taken seriously, but this specifically refers to a statutorily defined range of particularly debilitating or impactful injuries.
Generally, the deciding criteria that New York law uses is the 90/180 rule. Under this rule, a condition will be considered “serious” if it materially affects a victim’s abilities for at least 90 of the 180 days that immediately follow the accident. If you can show that your injury caused significant disfigurement or temporary or permanent limitations in the use of a body part, system, or bodily function, your condition will meet the state’s “seriousness” threshold.
Benefits of a Lawsuit vs. an Insurance Claim for a Garden 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 Garden City car accident lawyers.
Get Help from the Garden City Car Accident Lawyers at The Carrion Law Firm Today
If you need help assessing your legal options and potential recovery, reach out to the dedicated Garden City car accident attorneys at The Carrion Law Firm today by calling (631) 910-7493 to get your free initial case assessment.