The New York Department of Health estimates that at least 6,207 New Yorkers are hospitalized annually because of injuries sustained in car accidents. Additionally, car accidents result in 106,612 emergency room visits in New York each year. Car accidents can cause severe injuries, including:
- Concussions
- Traumatic brain injuries
- Broken bones
- Paralysis
- Scarring
- Burns
While some accidents are unavoidable, many crashes are caused by reckless and negligent motorists. Traffic laws exist to ensure the safety of all motorists, which makes it dangerous when drivers exceed the speed limit or use electronic devices while operating their vehicles.
Some of the leading causes of car accidents in New York include:
- Distracted drivers
- Intoxication
- Aggressive driving
- Improper lane changes
- Failure to stop
When you are involved in an accident that results in injuries, a Wayne car accident lawyer can help you recover damages from the responsible party for:
- Hospitalization costs
- Vehicle repair and replacement costs
- Lost income
- Pain and suffering
- Transportation to and from medical appointments to treat your injuries
Per New York Civil Practice Law & Rules (CVP) §214, a Wayne car accident lawyer must initiate an action against the liable parties within three years of your accident to recover damages. Failing to file a personal injury lawsuit within the statute of limitations can result in an inability to receive compensation.
A Wayne car accident lawyer can establish who the liable parties are and can:
- Collect evidence
- Interview and depose witnesses
- Communicate directly with the insurance companies
- Negotiate a settlement
- Argue your case at trial
If you were hurt in a car accident, call Morelli Law today at (212) 751-9800 to schedule a free consultation.
What Insurance Covers
All drivers in New York must maintain an auto insurance policy that includes at least $50,000 in personal injury protection (PIP) coverage.
PIP policies cover at least:
- 80% of lost wages (up to $2,000 month)
- $2,000 in death benefits
- Coverage for reasonable attorney fees
- $25 a day in benefits for reasonable expenses for up to one year after your accident
New York is a no-fault insurance state, which means you can collect benefits from your PIP coverage regardless of who is responsible for the accident.
Auto insurance policies must also cover at least:
- $25,000 in bodily injury coverage
- $50,000 in bodily injury coverage per accident
- $10,000 in property damage coverage
- Underinsured motorist coverage matching your bodily injury coverage
When you are involved in an accident, you must report it to your insurance company within 30 days. Failing to file a claim within 30 days can prevent you from receiving benefits from your policy. Insurance policies only cover economic losses, which makes it imperative to document your losses. If you miss time from work because of your injuries, you must submit proof of your wages and medical condition to your insurance company. Lost income benefits can continue for up to three years after your accident.
Insurance policies also cover damage to your vehicle. When your damages exceed your policy limits, you can claim benefits from your underinsured motorist coverage. It is important to contact a Wayne car accident lawyer because insurance policies may not cover all of your losses. Serious accidents can cause economic losses that exceed the coverage limits of your insurance policy. When this occurs, a Wayne car accident lawyer can file a personal injury claim against the other driver and recover damages.
Call Morelli Law today at (212) 751-9800 to schedule a free consultation.
Liability
New York practices a contributory negligence rule. That means the percentage you are responsible for the car accident that caused your injuries is deducted from your judgment. You can recover damages even if you are 99% responsible for the accident.
To prove liability, a Wayne car accident lawyer can:
- Collect a copy of the accident report from law enforcement
- Investigate whether the accident was documented by surrounding cameras
- Review the other parties driving history
- Contact any witnesses
- Use photographs from the accident scene
- Retain expert witnesses
Liability can involve multiple parties. For example, if the other driver was working when the accident occurred, their employer can be liable. Accidents involving commercial and rideshare vehicles can likewise involve other parties.
Wayne Car Accident Lawyer Near Me 877-751-9800
Damages You Can Recover
New York does not cap the amount of money you can recover in a personal injury case involving injuries sustained in a motor vehicle collision. You can also recover non-economic damages.
Economic
Economic losses include costs that you had to pay because of your injuries. To recover economic damages, you must prove that the costs you are attempting to recover are directly related to your accident. Economic losses can be proven with bank statements, receipts, and invoices, making it important to retain copies of your costs following an accident.
Economic losses do not include costs for which you already received reimbursement. That means if your insurance company covered 80% of your medical bills, you can only recover 20% of your medical bills in a personal injury lawsuit.
Non-Economic
When you experience serious injuries, you may lose your ability to work or have to transition careers. If injuries prevent you from heavy lifting and heavy lifting is a requirement in your profession, noneconomic damages can be awarded if you must change profession or can no longer work. If your injuries prevent you from continuing your education, it can lead to depression and anxiety. Serious accidents can lead to trauma and anxiety, which juries can consider when calculating noneconomic damages.
A Wayne car accident lawyer can request non-economic damages for:
- Pain and suffering
- Loss of enjoyment
- Loss of consortium
- Diminished quality of life
- Loss of affection
Juries consider factors such as your age, the severity of your injuries, and the actions of the tortfeasor when awarding noneconomic damages.
Call Morelli Law Today
Car accidents can lead to chronic injuries and a lifetime of pain. When your injuries impact your daily life or lead to economic losses, a Wayne car accident lawyer can pursue damages against the other driver.
Call Morelli Law today at (212) 751-9800 to schedule a free consultation.