With the amount of pedestrians walking the streets of Woodside, you would think drivers would pay more attention to them. Unfortunately, this is often not the case, leaving pedestrian victims with serious injuries and bills.
To cover your increasing expenses, you should consider filing a lawsuit. However, this process can be challenging without the help of our team. Car insurance rules apply to pedestrian accidents, adding a level of complexity and limits that can seriously impact your case. Most victims are unaware that they cannot file a lawsuit unless they suffer serious injuries or high economic damages. When we investigate your case, we will get evidence to meet one of these standards while also determining how long we have to file your claim. You have little time to waste after getting injured since you only have a few years to make your case. You will have even less time if the driver who hit you worked for the government.
Contact The Carrion Law Firm at (718) 841-0083 to receive a free case review from our Queens pedestrian accident lawyers today.
How Long You Have to File a Lawsuit for Injuries Sustained in a Woodside, Queens Pedestrian Accident
You might be surprised to learn that injured pedestrians in Woodside cannot always immediately file a lawsuit after being hit by a negligent driver. The state’s no-fault car insurance rules also apply to pedestrians injured in vehicle accidents under I.S.C. Law § 5102(j), which restricts injury victims’ right to sue to limited situations. Our pedestrian accident attorneys must first determine if you meet one of the exceptions and who we need to file your claim against. We can then accurately determine how long we have to prepare and file your lawsuit.
You should still start your case immediately, though, even if you only need to file for insurance benefits. We will prepare the insurance claim while we gather evidence of your injuries and economic losses. If we can overcome the “serious injury” threshold by providing evidence of significant injuries, we can file a lawsuit to recover all your damages, not just the economic coverage insurance provides. You are also permitted to file a lawsuit if your economic losses are greater than the basic minimum coverage of $50,000.
Once we have met one of these qualifiers, we can examine the driver who injured you to determine how long we have to file. The time limit will differ depending on whether you were hit by an ordinary driver or a government one. If we are filing your lawsuit against a private individual or commercial driver, you will have three years from the accident date to file a lawsuit under C.V.P. Law § 214(5).
That time is cut in half if we are suing for a pedestrian accident caused by a government driver, like an MTA driver. G.M.U. § 50-i only provides a year and a half to file a lawsuit against a government municipal agency. Before that, however, § 50-e(a) requires you to file a notice with the agency within 90 days of the accident to give them a chance to settle your claim before filing the lawsuit.
Damages We Can Help You Claim in Your Woodside, Queens Pedestrian Accident Lawsuit
Arguably, the biggest problem with the no-fault insurance system is that it only covers your medical bills up to your coverage limits and 80% of lost wages. It also does not allow for the recovery of pain and suffering damages. The only way to recover 100% of your damages is by filing a lawsuit, which is why working with our team to meet one of the requirements above is so important. The following are all the damages you can claim in your lawsuit:
Medical Expenses
Medical expenses are often high for pedestrian crash victims. The more serious the injuries, the more likely you will have skyrocketing costs for follow-up treatment and physical therapy. You might also have increased mental health expenses from post-accident therapy. Insurance can help cover some of these costs initially, but a lawsuit can recover the rest.
Lost Income
A lawsuit can also recover 100% of your lost wages. If your injuries only kept you out of work for a short time, we can typically assess the value by adding up the daily wages for the time you were out. Long-term and permanent injuries might prevent you from working for the foreseeable future or ever again. Our team will work with experts who can explain to the court how your injuries will impact your future earnings.
Remaining Economic Losses
There are often many other costs associated with your recovery that can be easy to overlook but that you can be compensated for. For instance, if your phone or expensive jewelry was damaged in the accident, repair or replacement costs can be included in your claim. You should also be compensated for transportation and childcare costs if you incur these expenses when treating your injuries or handling your legal case.
Non-Economic Damages
The primary advantage of filing a lawsuit is that it allows you to recover your non-economic damages. Most people know these as “pain and suffering.” Because pedestrian accidents are often highly traumatic, pain and suffering can significantly increase the compensation you recover. For instance, you might have extreme anxiety just walking down the sidewalk after the crash. Non-economic damages will cover general physical pain, emotional distress, and many other intangible harms.
Punitive Damages
Punitive damages are not typically awarded in a lawsuit since they are reserved for punishing defendants whose actions are more than an “accident.” They are also intended to deter others from acting similarly. Thus, it will depend on how the defendant caused your pedestrian accident.
For instance, punitive damages would likely be called for if a drunk driver struck you. Perhaps you were hit by a driver street racing down Broadway. This is the type of reckless conduct the court routinely punishes.
Contact Our Pedestrian Accident Lawyers in Woodside, Queens Today
For a free case assessment with our pedestrian accident attorneys, call The Carrion Law Firm at (718) 841-0083.