Staten Island Car Accident Lawyer
Car accidents happen all the time, but most crashes involve property damage that can be repaired through car insurance claims. If you faced more serious injuries in a crash, you could be left with more expenses that a simple insurance claim will not cover without the help of an experienced Staten Island car accident lawyer. In many cases, you may even need to go to court to get the damages you need.
The Carrion Law Firm fights for car accident victims, and we seek to work through insurance claims and lawsuits to get our clients the compensation they need for their car accident damages. If you or a loved one was injured in a car accident, call our lawyers today to schedule your legal consultation with our attorneys. Call us immediately at (718) 841-0083.
Getting Financial Compensation for Car Accident Injuries
When your car accident involves injuries, you and your loved ones may need more compensation than the insurance company is willing to pay. New York’s no-fault insurance rules often leave Staten Island car accident victims with additional damages for pain and suffering that their insurance company will not pay. These rules may even limit you to filing your insurance claim with your insurance unless you faced permanent damages or meet certain thresholds for damages. Our lawyers can help you file an insurance claim or even a lawsuit against the driver who hit you and get them to pay the damages they owe you.
Most car accident lawsuits involve injuries that could be serious enough to keep injured drivers from being able to work. If the injuries keep you from going back to work entirely, you could claim compensation for ongoing lost wages and other economic damages. The treatment for serious injuries like brain injuries, back injuries, and serious broken bones may also involve expensive therapies and surgeries, which could rack up enormous bills. Claiming compensation for these expenses is the core of most cases, and our lawyers can help you file the claim through the right system to maximize your compensation.
When you file a lawsuit instead of an insurance claim, the courts can often award additional damages for things like pain and suffering or any other non-economic harms. This could mean getting additional compensation that you deserve, but it requires a lawsuit, including filing, discovery, and trial.
What Damages Can Plaintiffs Recover in Staten Island Car Accident Lawsuits?
Plaintiffs in Staten Island car accident lawsuits can recover several categories of monetary damages. Our attorneys can help pursue a claim for either of the following types of damages in your case:
Economic Damages
First, plaintiffs may seek compensation for any economic damages they incurred because of their car accidents. Economic damages are objectively verifiable financial losses that stem from defendants’ negligence. For example, medical expenses, lost wages, property damage, and out-of-pocket expenses are all forms of economic damages. These damages are usually established using financial records like medical bills, pay stubs, and various receipts. The assistance of our Staten Island car accident lawyers can be very helpful when calculating economic damages in your case.
Non-Economic Damages
Furthermore, unlike those seeking benefits form their own insurance companies, plaintiffs in car accident cases may pursue compensation for the non-economic harms they sustained. Non-economic damages refer to losses that typically do not come with receipts or other forms of objective documentation. These damages compensate victims for the various forms of physical pain and emotional suffering they endured.
There are several forms of non-economic damages that car accident victims can suffer. For example, someone with a spinal cord injury may be unable to engage in meaningful relations with their spouse. Furthermore, a person with a severe knee injury may be prevented from participating in the same hobbies that they took part in before their crash.
Calculating non-economic damages can be a complicated process. Typically, courts will look to the severity of your injury and the impact it had on your daily life. Our experienced Staten Island car accident lawyers can help establish a claim for the full amount of non-economic damages available to you.
Statute of Limitations for Car Accident Cases in Staten Island
Statutes of limitations set forth time windows for filing certain types of lawsuits. According to C.V.P. Law § 214, a potential plaintiff in Staten Island will typically have three years from the date of their crash to bring their car accident case to court. However, building a successful case can take a long time. You should call our Staten Island car accident lawyers as soon as possible after suffering a collision. Our team can help review your case, gather evidence, and file your lawsuit on time.
There are some exceptions to the standard, three-year statute of limitations. For example, a parent may bring a car accident case to court on behalf of their child at any point until their child turns 18. After turning 18, victims will then have three years to file claims stemming from crashes they suffered as minors. During your free case review, our Staten Island car accident lawyers can explain how the statute of limitations will apply to your lawsuit.
What to Expect in a Staten Island Car Accident Lawsuit
If your case goes to court, you should know what to expect in your lawsuit. The process of filing a suit in court begins with a complaint – a document that alleges what the other driver did wrong to cause the crash and what damages the accident caused you. Your lawyer will need to sit with you and discuss what happened in your case to build out this document, including details like where the accident happened, what happened leading up to the crash, and what evidence you observed about how the other driver hit you.
From there, the other side will get an opportunity to deny the claim, then the case will move forward to the evidence sharing stage. This stage, called discovery, is when both sides can subpoena evidence from each other and schedule depositions of witnesses. Both drivers will typically be deposed, giving statements and answering questions about what happened. By the time this stage is over, both sides have a good idea of what happened and can usually begin meaningful settlement negotiations.
At this stage, we may try to settle your case for a fair value that covers your damages. If we cannot, then we will proceed to trial and let the judge and jury decide the case. The choice of whether to face trial or settle is your decision, but our Staten Island car accident lawyers can assist you in making an informed decision.
At trial, both sides will present their case through evidence and witness testimony, then argue the claim before the jury. If we can convince the jury that the defendant was the one who made the mistake that caused the crash, we can recover compensation for any damages for which we can provide evidence.
Assigning Fault in Staten Island Car Accident Cases
Often, car accidents involve a victim and an at-fault driver. Sometimes, the defendant will claim that you were at fault and that, instead, they were actually the victim. This sometimes even results in a counterclaim against you. As the victim, you have the burden of proving your claim, but that proof might not be enough to prove you were 100% innocent in causing the crash.
Even minor things like adjusting the radio or driving 10 mph over the speed limit could be contributing causes to the crash, but rest assured that these issues cannot block you from claiming damages in a Staten Island car accident lawsuit. New York law allows victims to share partial fault and still claim damages for whatever share of the blame the other driver carries. That means that if the at-fault driver had 90% fault, you can still get 90% of your damages covered in a lawsuit.
The jury decides the percentage of fault in a lawsuit, but settlement negotiations could avoid the shared blame issue. Talk to a lawyer about how to proceed with your case.
Common Types of Injuries Suffered by Car Accident Victims in Staten Island
Car accident injuries can come in many forms. Some injuries may heal in a short period of time, while others may require costly, long-lasting medical care. The following are common types of injuries suffered by car accident victims in Staten Island:
Head Injuries
Head injuries are a very serious type of harm caused by car accidents. There are many forms of head injuries that victims can suffer. For instance, brain contusions, skull fractures, and concussions may all result from car crashes. These injuries can produce a wide range of harmful symptoms that restrict plaintiffs’ capabilities to work and enjoy their lives. Fortunately, our Staten Island car accident lawyers can help recover payment for any type of head injury you sustained because of a car crash.
Back Injuries
Back injuries are also a very common type of injury related to car accidents in Staten Island. Like head injuries, these injuries can come in several forms. For instance, back sprains, herniated discs, and fractured vertebrae are all common examples of back injuries caused by car crashes. Such injuries can produce a high level of physical pain. Furthermore, in severe cases, people with back injuries can experienced partial or complete paralysis. Plaintiffs who suffer back injuries can get in touch with our attorneys for help navigating the road to recovery.
Knee Injuries
Knee injuries are another common form of harm caused by car crashes. These injuries often occur when victims experience violent impacts with hard objects inside of their vehicles during accidents. Damage may occur to ligaments in the knee such as the anterior cruciate ligament (ACL), medial collateral ligament (MCL), or meniscus. However, plaintiffs can also suffer injuries such as knee dislocations and patella fractures.
Knee injuries can be excruciatingly painful and debilitating. If you suffered a knee injury because of a car accident, then you should call our attorneys as soon as possible. Our team can help recover payment for the physical pain and emotional trauma you endured.
Shoulder Injuries
Additionally, many car accident victims in Staten Island sustain shoulder injuries. These injuries usually occur when people extend their arms to brace for impact in the moments before their collisions. Shoulder injuries may involve fractures and dislocations to bones in the shoulder. However, people also often suffer torn rotator cuffs because of car crashes. The rotator cuff attaches the shoulder blade to the upper arm and is responsible for keeping the shoulder stable in its socket. Torn rotator cuffs can be highly immobilizing and painful. Fortunately, plaintiffs with torn rotator cuffs may be entitled to financial compensation for the wide range of damages they incur.
Hip Injuries
Lastly, hip injuries are a type of harm regularly caused by car accidents. Fractures, dislocations, ligament tears, sprains, and bursitis are all common types of hip injuries victims can suffer. These injuries can lead to bruising, swelling, loss of strength, loss of movement, and intense pain. Furthermore, in severe cases, those with hip injuries may require surgical treatment. Our Staten Island car accident lawyers can help plaintiffs with hip injuries find the right physicians for them.
Staten Island Car Accident Attorneys Offering Free Legal Consultations
After a car accident, the damages you claim through an insurance claim might not be enough to cover your injuries, especially if you are stuck using no-fault coverage. The Staten Island car accident attorneys at The Carrion Law Firm offer free case consultations on new injury claims, and we work to get car crash victims the compensation they need from the at-fault party. Talk to our New York City car accident lawyers today at (718) 841-0083.