New York Personal Injury Practice Areas
It is a fact that people sustain injuries daily, often due to the negligence of others. These accidents can result in serious injuries that can forever change the victim’s life. If a person is injured due to another person’s negligence, the injured party has the right to seek monetary compensation for his or her damages. A personal injury attorney can help with these types of accidents:
Possible Compensation Available to Accident Victims
Pain and Suffering: The most obvious and common form of compensation that an accident victim is entitled to seek is monetary compensation for the pain and suffering that he or she endures as a result of injuries. The amount of pain and suffering compensation will be based on several factors including the nature of the injury; the impact on the victim’s health and well-being; the victim’s age and health prior to the accident; the extent of the required medical treatment that the victim undergoes; whether the injury is temporary in nature or can expected to be permanent; whether the injury will cause some loss of enjoyment of life and pleasure; and other factors.
Medical Bills: Healthcare costs today are astronomically expensive. A person who sustains injuries in an accident can easily find themselves faced with tens of thousands of dollars in medical bills with no way to pay them. The law allows accident victims to seek compensation for medical bills sustained in an accident. Most auto accidents in New York are subject to no-fault law and the host vehicle’s auto insurance will cover medical bills through the no-fault endorsement of the policy. The minimum required no-fault coverage in the State of New York is $50,000.00. Non-vehicular accidents are not subject to no-fault law, however, most premises are insured and some have ‘medical payment coverage’ which is immediately available to cover the medical bills.
Lost Wages: An accident victim who sustains serious injuries may be required to be out of work for days, weeks, months or even years. In serious cases, a victim may be permanently disabled and never able to return to work again. The result of losing one’s income whether on a temporary or on a permanent basis can be devastating to one’s life. Accident victims can seek recovery for provable lost wages resulting from being unable to work following an accident.
Property Damage: An accident victim is entitled to seek compensation for the reasonable cost of repairs or replacement of property that has been damaged as a result of someone else’s negligence. The most common cases involve expenses related to the repairs of damaged vehicles. Other associated expenses can include, towing fees, storage fees and rental vehicle fees.
Proving Who is at Fault
New York is what is called a comparative fault state. Under comparative fault, the compensation of an accident victim can be reduced by the percentage of fault that is assigned to the victim for having caused the accident. For example, if you are involved in a car accident and the case cannot be settled with the insurance company and goes to trial, the jury will be asked to determine who is at fault for causing the accident. Under New York law, more than one party can be at fault for causing an accident. If the jury determines that you contributed 50 percent to the causing of the accident, the jury will then determine the total compensation you deserve for your injuries and damages. If, for example, the jury determines that your damages total $100,000, your final award will be reduced by 50% to account for your contribution for causing the accident. Thus, you would end up with an award of $50,000.
Determining who caused an accident, can be complicated and difficult. Often the involved parties will have differing versions of what occurred. Insurance companies will take advantage of any disputes on how the accident happen to either refuse to pay or to only offer a small percentage of the value of a case. This is why it is important to immediately seek out an experienced accident attorney to conduct a thorough investigation of the accident (contacting witnesses; obtaining surveillance videos; taking photos; hiring experts, etc.) to determine who was actually at fault.
Call Today for Your Free Consultation
If you have been injured in an accident, call us for a free, no-obligation consultation. Our accident attorneys will review your claim, and honestly assess the legal options available to you.