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If you’ve been involved in a car accident in New York, you may be wondering what compensation you’re entitled to. The amount and types of compensation you can recover will depend on various factors, including the specifics of the accident, your injuries, and how you proceed with your claim. In New York, the process is complicated by the state’s no-fault insurance system, but understanding your rights and the types of damages you can pursue is crucial. This post will guide you through what you’re entitled to in a car accident, how a lawyer at Friedland Law can help, and what steps you need to take to get the compensation you deserve.
What is Compensation in a Car Accident?
Compensation in a car accident case refers to the financial recovery you can receive to cover the costs of your medical treatment, lost wages, and other damages resulting from the accident. These damages are typically divided into two categories: economic damages (things with a clear monetary value) and non-economic damages (more subjective, such as pain and suffering).
What Types of Damages Can You Recover?
You may be entitled to several different types of damages in a car accident case. Understanding each one will help you better evaluate the full impact of your accident and the compensation you should pursue.
Economic Damages
Economic damages are the costs that can be easily quantified and documented. These include medical bills, lost wages, and property damage.
Medical Expenses. Medical expenses are one of the primary forms of compensation in car accident cases. This includes costs for emergency room visits, hospital stays, surgeries, doctor’s visits, physical therapy, and any ongoing medical treatments related to your injuries.
Lost Wages. If your injuries caused you to miss work, you could recover compensation for the wages you lost during your recovery. This is especially important if you were unable to return to work for an extended period or if your injuries resulted in long-term or permanent disability.
Property Damage. This includes the cost of repairing or replacing your vehicle and other property that may have been damaged in the accident, such as personal belongings inside your car.
Non-Economic Damages
Non-economic damages are harder to quantify because they involve subjective factors like emotional distress, pain, and suffering. However, these damages can significantly impact the total compensation you receive.
Pain and Suffering. Pain and suffering refers to the physical pain and emotional anguish caused by your injuries. This is a non-economic damage, which means it doesn’t have a clear monetary value but is calculated based on the severity of your injury and its impact on your quality of life.
Emotional Distress. Emotional distress is a type of non-economic damage that compensates for the psychological and emotional toll the accident has taken on you. This can include conditions like anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional responses to the trauma of the accident.
How Does No-Fault Insurance Affect Compensation?
New York operates under a no-fault insurance system, which means that your own insurance company will cover certain expenses, such as medical bills and lost wages, regardless of who caused the accident. However, no-fault insurance does limit your ability to sue for non-economic damages like pain and suffering unless specific conditions are met.
Direct Billing of Medical Expenses
Under the no-fault system, your medical expenses will be covered by your own insurance company. This includes emergency care, hospitalization, doctor’s visits, physical therapy, and other necessary medical treatments. However, the insurance company will only pay up to the limits of your policy.
Limitations on Suing for Pain and Suffering
No-fault insurance limits the ability to pursue pain and suffering claims unless your injuries meet New York’s serious injury threshold. If your injuries are not classified as “serious,” you will generally not be able to pursue compensation for pain and suffering through a lawsuit. This is a key aspect of the no-fault system in New York.
Steps to File a No-Fault Claim
If you’ve been injured in a car accident, the first step is to file a no-fault claim with your own insurance company. Here’s how you can get started:
Report the Accident to Insurance
After the accident, you must report it to your insurance company as soon as possible. Failure to do so in a timely manner could delay or even disqualify your claim.
Submit Necessary Forms
To initiate your no-fault claim, you will need to complete the required forms, which include the No-Fault Application for Benefits and other related documents. These forms are critical in establishing your entitlement to benefits.
Medical Treatment Documentation
It’s important to keep detailed records of your medical treatments, as these will be necessary for verifying the extent of your injuries and ensuring that the insurance company covers all eligible medical expenses.
Suing Outside the No-Fault System
In some cases, you may be able to sue outside the no-fault system if your injuries meet certain thresholds. Here’s a breakdown of the circumstances under which you can pursue a lawsuit.
Serious Injury Threshold
New York law defines certain injuries as “serious,” and if your injuries fall into these categories, you may be able to sue for additional damages, including pain and suffering. Examples of serious injuries include:
- Fractures
- Dislocations
- Permanent loss of use of a body part
- Significant disfigurement
- Death
If the car accident results in death, the family of the deceased may file a wrongful death lawsuit to seek compensation for their loss. This can include funeral expenses, loss of support, and other related costs.
Dismemberment
In the case of dismemberment (i.e., the loss of a limb or other body part), you can seek additional compensation outside the no-fault system.
Significant Disfigurement
If your injuries cause significant scarring or disfigurement, you may be entitled to damages for the pain and suffering caused by these visible and lasting effects.
Exemption Cases
Certain cases may allow you to bypass the no-fault system entirely, such as accidents caused by intentional harm, drunk driving (DUI) incidents, or when one party involved in the accident was uninsured.
Statute of Limitations for Claims
In New York, it’s important to act quickly if you intend to file a personal injury lawsuit after a car accident. The statute of limitations is a legal time limit that dictates how long you have to pursue a claim.
3 Years for Personal Injury
In general, you have three years from the date of the accident to file a personal injury lawsuit. Failing to file within this period may bar you from pursuing your claim.
2 Years for Wrongful Death
If you are pursuing a wrongful death claim after the death of a loved one in a car accident, the statute of limitations is two years from the date of death.
Impact of Comparative Negligence
New York follows a comparative negligence rule, meaning if you are partially at fault for the accident, your compensation may be reduced based on your percentage of fault.
Reduction in Compensation
For example, if you’re awarded $100,000 in damages but are found to be 20% at fault for the accident, your total compensation would be reduced by 20%, leaving you with $80,000.
Importance of Legal Representation
Navigating the complex laws surrounding car accident claims in New York can be challenging, especially if you’re trying to maximize your compensation. That’s where the car accident lawyers at Friedland Law can be invaluable.
Navigating Complex Laws
Car accident cases in New York are often complicated by the no-fault system, serious injury thresholds, and comparative negligence rules. An experienced car wreck attorney at Friedland Law can help you understand your rights and ensure that you comply with all legal requirements.
Maximizing Compensation
A skilled car accident lawyer at Friedland Law can also work to maximize your compensation by gathering the necessary evidence, negotiating with insurance companies, and representing you in court if necessary. With the help of our legal team, you can pursue not only the compensation you’re entitled to under the no-fault system but also additional damages if your injuries qualify.
We’re on Your Side – Call Now for a 100% Free Consultation!
If you’ve been injured in a car accident, the auto accident attorneys at Friedland Law can help you fight for the compensation you deserve. We offer free consultations to discuss your case and help you understand the best legal options available to you. Don’t wait—contact us today to get started!
