Glen Cove, NY Car Accident Lawyer
Even a minor car accident can throw a victim’s life into turmoil as unplanned expenses and other damages pile up. Our attorneys can help you contend with the financial and emotional fallout of your accident by filing your legal claim.
You are entitled to compensation when someone injures you in an accident, but recovering that compensation can be challenging. Car accident victims in Glen Cove must start by covering their economic losses with their own insurance. In fact, New York law limits victims’ right to file a lawsuit to cases involving serious injuries or medical expenses over $50,000. Our team can explain what your insurance can cover and how to meet the necessary thresholds to file your case with the court. While gathering your medical evidence, we will also investigate the accident scene and review collision reports to prove the other elements in your case.
For a free case evaluation with our car accident attorneys, call The Carrion Law Firm today at (718) 841-0083.
How to Get Compensated After a Car Accident in Glen Cove, NY
After getting injured in a car accident, you likely want to get coverage for your mounting expenses as soon as possible. While you might be ready then to file a lawsuit against the negligent driver, there are a few other steps you must take before doing so. New York is a no-fault state, so you must get compensation through your own coverage first. However, the no-fault system limits car accident victims from recovering all their damages and bars them from filing a lawsuit as a general rule. Our car accident lawyers can help you overcome these limitations and get the compensation you are entitled to. The following will explain the steps we will typically take after a Glen Cove car accident:
Filing an Insurance Claim
Because New York is a no-fault insurance state, car accident victims must turn to their personal injury protection (PIP) insurance for compensation before filing a lawsuit. PIP is helpful because it will cover necessary medical expenses without having to prove the other driver’s negligence. PIP will pay for hospital stays, surgeries, dental care, ambulance services, medical testing, prescription medications, physical therapy, and any other care necessary for your recovery. It will also cover up to 80% of a victim’s lost wages if they missed work because of their injuries, including taking time off for medical and legal appointments.
The major disadvantage to the no-fault system is that victims do not have a general right to recover non-economic damages through their insurance, according to I.S.C. Law § 5104(a). Non-economic damages would compensate you for intangible expenses like pain, suffering, and emotional turmoil. Further, accident victims cannot file a lawsuit to recover these damages unless they suffered “serious” injury or “basic” economic loss.
Filing a Lawsuit
The goal after a car accident is to cover the full range of losses you sustained, so we will want to get past the no-fault limitations to file a lawsuit. The restrictions above do not apply to lawsuits. Victims can claim and pursue compensation for any damages stemming from the other driver’s negligence, including non-economic damages.
One way to file a lawsuit is by showing that they suffered serious injuries in the crash. Under § 5102(d), serious injuries include significant disfigurement, dismemberment, fractures, permanent loss of use of a body member or system, miscarriage, permanent consequential limitation of the use of a body organ or member, and a significant limitation of a body function or system. A non-permanent injury that prevents the victim from performing substantially all of the material acts that constitute their usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injuries would also qualify as serious.
We will need to submit medical evidence to substantiate your serious injury claims soon after filing your lawsuit, so do not overlook getting medical care. This also means going to all your appointments and following any other recommendations in your treatment plan necessary to your recovery. Skipping doctor visits and ignoring medical evidence will call into question whether your injuries are actually serious.
You can also file a lawsuit for economic and non-economic damages if you sustained basic economic loss. According to § 5102(a), basic economic loss is defined as $50,000 or more in medical expenses. Considering the costs of medical care today, many car accident victims reach this basic level of losses when treating their injuries. Our team will gather your medical records so that you can accurately calculate your economic losses.
Evidence that Can Support Your Car Accident Claim in Glen Cove, NY
Besides medical records, many other pieces of evidence are often helpful in proving a car accident lawsuit. For starters, report your accident to the police so that we can use the accident report later in your case. The police will note their observations of the scene and the parties involved. It will also include contact information for the other driver and witnesses who offered to speak to the police. While police reports are generally inadmissible as evidence during a trial, they are often vital to insurance negotiations where evidentiary standards are a little more relaxed.
You can also document the scene through photos. Most of us carry cell phones equipped with cameras, which can be incredibly useful for capturing images of the crash site, the vehicles involved, the drivers, and the surrounding area. Many people take photos right after an auto accident to have visual evidence for their insurance claims. However, remember that accident scenes are often cleared away by authorities quite quickly, so your photos might be all that remains. This makes them potentially crucial evidence if the case goes to trial. We can also use surveillance footage if any security cameras were nearby and captured the crash.
Call Our Glen Cove, NY Car Accident Attorneys Today for Help Covering Your Damages
Call The Carrion Law Firm at (718) 841-0083 to receive a free case review with our car accident lawyers.