A car crash can change your life in an instant. Rather than going to work the next day, you may be recovering in a hospital bed. Having our support lets victims focus on their physical well-being while we focus on getting medical damages, lost wages, and other damages paid.
Based on your injuries, you may sue for economic and non-economic damages after a car crash in Inwood. Most victims have three years to file claims, and we may need most of that time to prepare lawsuits. After you sue, we may negotiate a settlement. To prove your injuries, we need ample medical records, including documentation of emergency room visits, hospital stays, surgeries, and physical therapy.
For a free case assessment from our car accident lawyers, call The Carrion Law Firm now at (718) 841-0083.
What Damages Can I Get After a Car Accident?
You can get economic and non-economic damages from a car accident lawsuit, both of which our lawyers will help calculate and prove.
Economic Damages
We will seek payment for all medical damages after an accident. This includes current and future expenses, as some victims’ treatment lasts several years. Let us organize medical bills so you do not lose track.
Our car accident lawyers will also calculate lost wages when victims cannot work. Some injuries partially lower victims’ earning capacities, and we can seek the difference in income in your lawsuit.
Lawsuits can cover vehicle repair and replacement costs and other out-of-pocket expenses. This includes childcare costs if you have kids and need help, in-house medical assistance, and transportation to doctor appointments.
New York does not cap economic damages, and victims can recover however much they have lost.
Non-Economic Damages
Since New York is a no-fault state, not all victims can sue for non-economic damages. Sustaining “serious” injuries lets you sue for pain and suffering. Serious injuries include significant disfigurement, dismemberment, fractures, and miscarriages. Many permanent injuries qualify, as do non-permanent injuries that substantially impact victims for at least 90 of the first 180 days after a crash, otherwise known as the “90/180” rule.
New York does not cap non-economic damages either. To prove these subjective losses, you can testify if your lawsuit goes to trial.
How Long Do I Have to File a Car Accident Case?
C.V.P. Law § 214(5) gives victims three years to sue drivers after car accidents. Some cases take many months to prepare, so do not wait to have us review yours.
As time passes, crucial evidence might get lost or degraded. Eyewitnesses’ statements might become less reliable, and unpreserved video footage might get deleted. Let us gather evidence immediately while you recover at home or in the hospital.
While you have three years to file, we may not need that long. As soon as we have enough evidence to prove fault and know your lawsuit’s value, we can file. Though we will not rush filing, we will also not delay it, making sure you get compensation as soon as possible.
Sometimes, tolling exceptions give victims more time to sue. For example, if an out-of-state driver hits you and they leave New York, the statute of limitations may pause under § 207. Citing tolling exceptions can give you a chance to sue and recover damages, even if it has been more than three years since the crash.
What Happens After I Sue for a Car Accident?
After you sue for a car accident, our attorneys may negotiate a settlement. Both sides have the chance to review each other’s evidence and seek additional evidence from one another through the formal discovery process.
This lets us gauge the other side’s possible defense if the case goes to court. The negligent driver will most likely want to settle and may even pressure you to settle fast. We will not let that happen and can stop victims from accepting lowball offers.
You can go to trial after you file your lawsuit, especially if settlement negotiations do not progress. During a trial, we will show evidence of the defendant’s negligence, like eyewitness statements, photographs, footage, and property damage. You may get bigger settlement offers during trials, especially if the defendant fears a substantial jury award.
What Medical Records Do I Need for My Car Accident Lawsuit?
It is important to have all relevant medical records for your lawsuit. Our attorneys can get these from hospitals and specialists so we can clearly prove your injuries.
Emergency Medical Records
Call 911 after a crash if you are badly hurt. Paramedics can treat you at the wreck and in the ambulance on the way to the hospital. We can get injury reports and treatment records from paramedics.
We will also get records from an emergency room visit, which may include physical assessments, X-rays, MRIs, and other tests. These records confirm your immediate injuries from the crash.
Hospital Records
You may remain in the hospital for hours, days, or weeks. We will get all hospital records. These will outline your daily prescriptions, assessments, and treatments. Records will describe all procedures during your stay and updates on your condition.
Specialist Records
Victims may be referred to specialists for head trauma, spinal cord damage, and other injuries. Specialists may run additional tests to confirm victims’ diagnoses and head their recovery plans. You may see specialists for months or years, and we will keep records of their treatment organized.
Surgical Records
Urgent surgery is essential for many traumatic injuries, like displaced fractures, compound fractures, internal bleeding, limb loss, and bad burns. Victims may need multiple surgeries over several years so their bodies can recover. We can use surgical records to prove non-economic damages, as surgeries are physically painful and emotionally overwhelming.
Physical Therapy Records
Broken bones, back injuries, and more require physical therapy. Records from sessions should your progress, and physical therapy bills contribute to your total economic damages.
Call Us About Your Car Crash in Inwood Today
Call the car accident lawyers of The Carrion Law Firm for a free case review at (718) 841-0083.