Park Slope is one of the most densely populated neighborhoods in all of NYC, so the chances of sustaining injuries as a pedestrian are high. Fortunately, our attorneys can help you get coverage for your damages, no matter how you were injured.
Injured pedestrians often have a few ways of recovering compensation, but the state’s insurance rules often make it challenging for pedestrians hit by a negligent driver. Our team can explore these options with you and explain how no-fault rules limit victims in certain ways. We can help you file a claim with your own insurance so you can get compensation as quickly as possible for your medical expenses and lost income. While your insurance will not cover all your damages, such as your non-economic losses, our lawyers can gather evidence to overcome the barriers to filing a lawsuit. If your injuries were not the result of a car accident but a property owner’s negligence, we can help you prepare a lawsuit immediately.
Call The Carrion Law Firm today at (718) 841-0083 to receive your free case review with our Brooklyn, NY pedestrian accident lawyers.
How Pedestrians Can Recover Compensation for Different Types of Accidents in Park Slope, NY
Pedestrian accidents are challenging for many reasons, but recovering compensation is often the most confusing part for victims. The process will depend on how the pedestrian was injured in the accident. Many pedestrians are injured in car accidents, while others are hurt while walking around another person’s property. Considering that Park Slope sits in the heart of Brooklyn and borders Prospect Park with countless visitors each day, both types of accidents are extremely common in the area. Regardless of your accident, our pedestrian accident attorneys can help you determine what compensation options are available. The following will explain the claims process for the most common types of pedestrian accidents in Park Slope:
Getting Compensation After a Car Accident
Traffic is usually congested around Park Slope, making car vs. pedestrian accidents common. Technically, this is considered a car accident, so New York’s no-fault insurance rules will come into effect. This type of insurance system, referred to as Personal Injury Protect (PIP), dictates that car crash victims be compensated by their own insurance provider. However, no-fault insurance rules will also apply to pedestrians hit by a car, according to I.S.C. Law § 5102(j).
This designation is significant for pedestrian accident victims because PIP insurance has some great advantages and some serious limitations. The advantages include getting compensation quickly for your medical bills and lost wages and not having to prove the driver’s fault to get it. At a minimum, PIP will cover up to $50,000 of your economic damages. However, it will not compensate you fully for lost wages, covering only 80%, and will not pay for non-economic damages.
The biggest limitation of no-fault insurance is that it bars victims from filing a lawsuit for pain and suffering damages unless they meet certain conditions. One way to overcome this hurdle is having economic losses greater than $50,000. If your “basic economic loss,” as defined by § 5102(a), is more than the minimum PIP coverage, you will be able to file a lawsuit for your non-economic damages and remaining economic losses.
The other way around the lawsuit restriction is by claiming that your injuries are serious. “Serious injury” is defined by § 5102(d) as an injury that results in significant disfigurement, dismemberment, fractures, miscarriages, and death. Permanent loss or consequential limitation of a body part, organ, function, or system are also considered serious injuries under this definition. Your injuries will also be considered serious if they limit you in your daily activities for 90 out of the first 180 days following your accident.
However, if you do not carry car insurance and do not live with a family member that has coverage, these limitations will not apply. You can typically go straight to filing a lawsuit.
Getting Compensation After a Slip and Fall Accident
Countless other pedestrians in Park Slope are injured when they slip and fall or are otherwise injured by a dangerous condition on someone’s property. Fortunately, the no-fault insurance rules discussed above would not apply in these situations, so you do not need to cross any threshold to file a lawsuit. The challenge in these cases is determining who to hold responsible for the accident.
Property owners, tenants, and managers typically have a duty to keep their premises safe by removing dangerous conditions or placing warning signs for visitors. The issue is that Park Slope has a healthy mix of private and public property. Depending on what type of property you were injured on, the claims process can be significantly different.
If you are injured on private property, like at a hotel or one of the numerous shops in Park Slope, we would typically sue the property owner. However, we might file a claim against a property manager if the safety of the premises was their direct responsibility. In other cases, we might need to sue a contractor whose job was to repair the dangerous condition but did not. Fortunately, determining liability is not too challenging after reviewing the evidence in your case.
If your accident happened on public property, like Prospect Park or Grand Army Plaza, determining liability will depend on how you were injured and what government agency was responsible for upkeep. For example, we might sue the NYC Department of Parks and Recreation if you were injured while walking in Prospect Park. However, we might find the instrumentality or condition that injured you was under the control of another department, like the Department of Environmental Protection.
The real challenge when you need to sue the government is filing your “notice of claim” in time. According to G.M.U. § 50-e(a), you have 90 days from the date of your accident to file a notice of your intention to sue with the agency you plan on suing.
Addressing Comparative Negligence in a Park Slope, NY Pedestrian Accident
Another major consideration is whether your own actions contributed to the accident. Some accident victims might worry that they will not be able to pursue compensation if they are partially at fault. For instance, you might have crossed the street in the middle of the road or against a “don’t walk” sign. Fortunately, you can still recover compensation even if you were negligent, but it will be reduced by the percentage of fault you were assigned, as per C.V.P. Law § 1411.
New York uses a “pure” version of the modified comparative negligence rule. This allows victims to be compensated for exactly the amount of damages the defendant was responsible for. If you were found 50% liable for the accident after being awarded $100,000, your award would be halved, leaving you with $50,000. Even if you were found 99% responsible, you could still recover some compensation.
Our Park Slope, NY Pedestrian Accident Lawyer Can Help
For your free case evaluation with our pedestrian accident attorneys, contact The Carrion Law Firm at (718) 841-0083.