Talk to a team member from Morelli Law Firm about your Albany, NY, accident, injuries, and prognosis today. Our experienced legal team has secured over $1 billion in damages for our clients. We may be able to navigate the claims process and hold the at-fault driver responsible. Get in touch with us today to set up a free consultation with one of our Albany car accident lawyers.
Recoverable Damages in No-Fault and Fault-Based Claims
New York State requires every driver to carry no-fault auto insurance coverage. This insurance coverage centers on a mandatory Personal Injury Protection (PIP) policy that covers up to $50,000 of medical bills, limited lost income, and daily expenses related to the accident and recovery.
If the driver suffers serious injuries or is out of work for an extended period, they may qualify to file a fault-based liability claim. This type of claim holds the at-fault motorist responsible and seeks additional compensation for pain and suffering and other intangible losses. Accident victims may also recover further losses for missed work, out-of-pocket expenses, and car repairs.
Your Albany personal injury lawyer may be able to secure fault-based payouts outside of court through the insurance claims process. Occasionally, these cases do go to trial.
Damages Available Through a Personal Injury Lawsuit
While you will be limited in the damages you can pursue through your PIP policy with your insurance company, there are a variety of compensatory damages you will likely be able to collect if you file a lawsuit against the liable party. Identifying all the available damages is critical for recovering the maximum compensation available.
Some of the most commonly available compensatory damages in these cases include:
- Lost wages
- Diminished earning capacity
- Emotional distress
- Loss of consortium
- Permanent disability
- Medical bills
- Future medical expenses
- Mental anguish
- Property damage
- Scarring and disfigurement
- Decreased quality of life
If your loved one was killed as a result of a head-on collision, an experienced Albany wrongful death lawyer can help you file a wrongful death claim to recover additional damages, including funeral and burial costs.
In extreme cases, punitive damages may also be available. A judge will only consider punitive damages if your case involved gross negligence or intentional harm.
What Constitutes a “Serious Injury” Under New York’s No-Fault Insurance Laws
You will have the option to file a lawsuit against the liable party if your damages are in excess of your PIP coverage limits or you suffer a serious injury as the result of your accident. Injuries that qualify as serious under New York’s no-fault laws include:
- Limitation of a bodily function
- Permanent loss of a bodily function or system
- Permanent loss of a body part or organ
- Permanent disability
- Temporary disability which prevents you from performing your normal daily activities for 90 days or more
- Dismemberment
- Significant disfigurement
- Loss of a fetus
- Bone fractures
- Death
An experienced head-on collision accident attorney serving Albany can help you determine whether or not you are eligible to pursue a lawsuit to recover the full value of your losses from the at-fault party.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800Careless and Reckless Drivers Cause Head-On Collisions
Like other types of traffic accidents, there are laws in place to prevent head-on collisions. There are traffic signs and signals to coordinate intersections, heavy signage indicating one-way streets and divided highways, and clearly marked passing areas on two-lane roads. Still, head-on collisions occur.
Some of the most common ways in which these accidents occur include:
- A vehicle crossing over the centerline in front of oncoming traffic
- A driver going the wrong way on a one-way street
- A motorist crossing over the median of a divided highway
- A vehicle entering a parkway or interstate via the exit ramp
- A driver ignoring other traffic signs, signals, or ordinances
In many cases, drivers who make these mistakes behind the wheel are distracted, intoxicated, or driving aggressively, as well.
Because of the forces involved in these accidents, they are often very dangerous to the occupants of all vehicles involved. New York’s no-fault laws allow victims with injuries defined as “serious” under New York Civil Insurance Laws (ISC) §5102(d) to pursue fault-based claims. These claims attempt to hold the careless or reckless driver accountable for their actions and recover additional damages.
You can learn more about the possibility of seeking compensation through a fault-based action by contacting Morelli Law Firm today. Our team will examine your case and determine if you may qualify.
Meeting the Timeline Necessary for Financial Recovery
Whether you need to file your PIP claim or lawsuit in civil court, there are deadlines you will need to meet. You likely only have a few weeks to notify your insurance provider about your accident and should contact them as soon as you can. Then, there may be a deadline for submitting your medical bills, receipts, and other documents.
If you qualify to file a third-party claim against the at-fault driver, you might need to take the case to trial. Under New York Civil Practice Laws and Rules (CVP) §214, the deadline for filing a lawsuit after a car accident in New York in a local civil court is generally three years from the day the accident occurred.
Our team understands that you need compensation as quickly as possible. Let us review your case as soon as your injuries are stable, and we may be able to start our investigation, file your claim, and begin the process right away.
Contact our Albany Car Accidents Lawyers today
877-751-9800Use Caution When Dealing With an Insurance Provider After a Head-On Collision Accident
After a motor vehicle accident in New York, you need to be careful in any interaction you have with an insurance company. Whether dealing with your own insurer or the insurance provider for the liable party, you can be sure they will do whatever they can to avoid paying out the full value of your personal injury claim.
Insurers will employ a wide variety of tricks to deny or devalue a valid claim and protect their bottom line. Unfortunately, auto accident victims are typically at a significant disadvantage when trying to defend themselves due to the vast experience that insurers have with these cases. The best way to even the odds is by securing the services of an experienced auto accident attorney.
When you hire a head-on collisions accident attorney in Albany, the insurance adjusters will no longer be able to contact you directly. Making them work through your lawyer will eliminate their ability to use their usual tactics and significantly improve your chances of recovering fair compensation.
The Cost of Hiring a Head-On Collisions Accident Attorney Serving Albany
Accident victims often neglect to hire legal representation due to worries that they will not be able to afford to pay a lawyer for their legal services. However, money should never stop you from hiring a personal injury attorney. At Morelli Law Firm, we don’t charge an expensive retainer fee or a high hourly rate. Instead, we work on a contingency fee basis.
Working on a contingency fee basis means that we don’t get paid for our services unless we are able to secure compensation on your behalf. If you don’t win, you don’t pay. If we are able to get you money for your losses, we will collect a single fee at the end of your case, which will be paid out as a fixed percentage of the money you recover and will be taken directly out of the payout you receive.
You will never have to pay any money out of your own pocket to secure the services of an experienced lawyer. With a contingency fee payment structure, we are able to provide legal representation to any accident victim, regardless of their financial situation.
Our Firm Works With Injured Accident Victims in Albany
If you or a loved one suffered serious injuries resulting from a head-on impact, you could have long-term or lasting injuries. You could miss months at work or never be able to return to your previous career. Your ordeal could cost you thousands in expenses and losses, not to mention intangible damages.
If these are worries you have, an Albany head-on collisions attorney from Morelli Law Firm may be able to help.
We work with accident victims to help them understand their options and seek compensation under New York State law. This includes navigating every step of the process to ensure they have a strong case for a payout that holds the at-fault motorist adequately accountable for their actions. Our experienced team will collect evidence to help prove:
- The severity of your injuries, the necessary treatment, your prognosis, and the related losses
- The cause of the accident and identity of the liable party
- The damages you sustained, including intangible losses
We can answer your questions, explain more about this process, and review the details of your collision and injuries today. Our consultations are absolutely free for potential clients, and there is no obligation to sign on for representation today.
Should I Settle or Take My Case to Court?
One of the biggest questions people have when pursuing a car accident lawsuit is whether they should take a settlement offer or try to win their case in court. The fact is that most of these cases are resolved through an out-of-court settlement because settling is usually in the best interest of all parties involved.
No matter how strong your case is, there is always a risk of leaving your fate to an unpredictable jury. While your case will likely settle, that doesn’t mean you should rush into a settlement deal. It is still critical that you hire an experienced car accident lawyer who can help you negotiate a fair settlement deal and ensure you fully understand all the terms of your settlement agreement.
While your case will likely settle out of court, it is still critical that you prepare as though going to trial is a certainty. Being ready and willing to go to court will give you leverage during settlement negotiations. Furthermore, if the other party is unwilling to agree to reasonable terms, going to trial may become avoidable.
Establishing Negligence in a Head-On Collision
To recover compensation through a lawsuit against the responsible party, you will need to either prove that they intended to cause you harm or that they were negligent. To prove negligence, you must establish the presence of four elements in your case:
- Duty of care
- Breached duty of care
- Damages
- Causation
Duty of Care
The first element you must prove is that the liable party owed you a duty of care. In most cases, establishing the existence of a duty of care is straightforward.
For example, if you are pursuing compensation from the driver of the vehicle you collided with, the duty of care is obvious, as all motorists owe everyone else on the road a duty of care to operate their vehicle in a reasonably safe manner.
Breached Duty of Care
The next thing you will need to prove is that the at-fault party breached their duty of care. A common way to establish a violation of the duty of care by another driver is by showing that they were engaging in reckless behavior while behind the wheel. Common types of reckless driving you can aim to prove include:
- Speeding
- Driving under the influence of drugs or alcohol
- Texting while driving
Damages
The next step in establishing negligence so you can recover fair compensation is proving that you suffered damages as a result of your automobile accident. Your medical records relating to the accident injuries you suffered in your accident and all related medical bills can help prove your damages.
Causation
The final thing you will need to do is show the court how everything fits together. An experienced motor vehicle accident attorney can help demonstrate how your damages were the direct result of the liable party breaching their duty of care.
Speak With an Experienced Head-On Collisions Accident Attorney in Albany for Free Today
If you suffered injuries in a car accident caused by someone else, an Albany head-on collisions accident lawyer from Morelli Law Firm can help you. Whether the best option for you is a no-fault claim or filing a liability insurance claim based on serious injuries depends on the specific facts of your case.
Our team can assess your accident and injuries to determine if you qualify for pain and suffering and other additional damages through a fault-based claim. You can discuss your accident today through a free case evaluation with a team member of our legal team. Contact us by phone or through our website to get started. We’ll review your case and answer all your questions.
Call or text 877-751-9800 or complete a Free Case Evaluation form
