When you are injured in a car accident, you may experience consequences such as hefty medical bills, inability to work or function, and pain and suffering, all on top of the physical recovery from your injuries. In these situations, victims should know about their options for monetary recovery as well, particularly if someone else was responsible for causing the accident.
If you can prove that another driver was negligent in causing the accident that resulted in your serious injuries, you may be able to step outside New York’s no-fault car insurance system and file a lawsuit against the at-fault party. A diligent attorney will help you evaluate your case, estimate damages, gather evidence, and represent you vigorously in court.
To learn more about the services offered by The Carrion Law Firm, starting with a free initial case assessment, call our experienced Jamaica car accident lawyers right now at (718) 841-0083.
How Do I Prove Negligence in a Jamaica, Queens Car Accident?
In the vast majority of car accidents, at least one person or entity is to blame for causing the accident. Though mistakes, carelessness, or recklessness behind the wheel, any driver can put others in their car and others at serious risk of injury or death. When a driver’s breach of their legal duties to their fellow motorists results in an accident, the driver is negligent.
To prove negligence in a car accident injury lawsuit in New York, you will have to explain what driving behavior would have been reasonable in the same situation and demonstrate how the defendant deviated from what was reasonable. You will also have to show that their deviation was the cause of the accident and your resulting injuries.
Proving this will require a number of different types of evidence. It will be helpful to draw from photos and videos as well as documentation of the situation, such as police reports and medical records. But you may also need witness testimony, both from individuals who personally saw the accident as well as automotive, medical, and economic experts that can explain the accident, your injuries, and the consequences.
Filing a Lawsuit for a Jamaica, Queens Car Accident
New York uses a no-fault car insurance system, which is not the norm among the rest of the states. In a no-fault car insurance system, the injured victim must generally pursue compensation for their harms from their own insurance company.
This system has both positives and negatives. On one hand, victims can recover from their insurance provider without having to demonstrate that another party was at fault for causing the accident. Generally, this process does not involve having to go to court. However, the compensation available is limited by both category and policy limits, meaning that you might not be able to recover compensation for the full extent of your harms.
Fortunately, there is an exception to this rule where a person’s injuries rise to the level of being considered “serious” under New York insurance law. The state has a statutory definition that encompasses a number of different conditions, including disfigurement, dismemberment, bone fractures, loss of pregnancy, or the loss of use of limb, organ or bodily system. Any fatality resulting from a car accident also creates the grounds for a lawsuit, but this type of legal action is known as a wrongful death claim and is slightly different.
Generally, a good way to consider whether a particular injury will meet the “seriousness” threshold is by using the 90/180 rule. Essentially, the condition must materially prevent the victim from performing their daily activities for at least 90 days within the 180-day period immediately following the accident.
Why Should I Hire an Attorney for a Jamaica, Queens Car Accident Claim?
While you do not technically need legal representation to pursue an insurance claim or lawsuit in Jamaica, Queens, there are a number of reasons why seeking out an attorney will benefit you and your recovery efforts.
These benefits begin as soon as collecting evidence from the scene of the accident and recording it so that it does not disappear over time. Your attorney can also help assess your injuries to determine whether you have the option to file a lawsuit to recover damages.
Perhaps the most critical function of legal representation after an accident is in handling the communications with insurance representatives. Remember, car insurance companies are not there to protect you, no matter what they say. They are a business, and the goal of that business is to make money, so if they can find an excuse to not pay you, they will take advantage of that opportunity. One way that they do this is by getting victims to make statements against their own interest in interviews or conversations, which they can use in court if you bring your case to trial. But having your attorney do the talking for you prevents this from becoming an issue.
You should also have an attorney on your side when evaluating all settlement offers. While the prospect of a guaranteed up-front payment may seem enticing, the first settlement offer that you receive is usually an attempt to get you to accept much less than your case is worth. Settlement offers can be rejected, countered, and negotiated as necessary, all the way through a court case.
Finally, you will want a lawyer representing you in court. Court cases require careful, seasoned attention on rules of procedure and the introduction of evidence, including expert witness testimony.
It can be difficult to balance all of these tasks while simultaneously attempting to recover from and deal with your injuries. That is why we urge you to reach out to one of our dedicated Jamaica car accident attorneys as soon as possible.
Get Car Accident Recovery Help Today from The Carrion Law Firm
When you call (718) 841-0083 to speak with the experienced Jamaica car accident lawyers at The Carrion Law Firm, we can offer you a free first-time case evaluation so that your case gets started off right.