New York is a “no fault” state so there should not be a significant waiting time for the parties who sustained vehicle damage to be reimbursed for any claims that are directly related to the accident. The victims who were injured can seek compensation through their insurance company as well, and anything over the insured amounts, if the costs of medical expenses and damages are higher, will have to be negotiated through insurance settlements, or perhaps through a legal claim in court, either can be filed with the assistance of an experienced attorney. In certain cases, wrongful death actions may have to be initiated as well, when crash victims die at the scene of an accident or sometime later on.
Statute of limitations.
Under New York Civil Practice Laws & Rules Section 214, anyone injured in a car accident (driver, passenger, motorcycle rider, bicyclist, pedestrian) must file a personal injury lawsuit within three years of the date of the crash. Any type of vehicle accident can cause serious injury and may not be evident until sometime in the future well after the date of the accident. Injuries to bones, soft tissues such as ligaments, tendons and muscles may not show up unless the victim seeks medical attention. Because there is a limited amount of time to initiate a legal claim for damages after an accident, it is important that victims seek physical medical evaluation. If something does show up at a later date, the statute of limitations will start at that time, but it will need to be recorded by a physician or other field expert.
Common crash types.
Injuries occur from common types of accidents including:
The fault will need to be determined regarding the cause of the accident and if any other third parties are partially responsible for it. Many times, there is more than one person at fault in an accident, so it is important to determine how much fault is contributed by each party to ascertain who will pay for damages related to the accident. Under New York Law, contributory negligence needs to be determined for expenses above “no fault” insurance coverages to be paid, along with compensation for pain and suffering. Other parties that could be responsible include drivers and/or vehicle manufacturers, or agencies that are responsible for the maintenance of roadways depending on the determination of fault, and if there was some mechanical problem or roadway defect that caused the accident.
Damages and compensation.
Damages may include hospital/medical expenses; funeral expenses, past and future permanent disability payments; emotional distress including depression and anxiety; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due to a death or serious injury caused by a car accident.
Compensation estimates for pain, scarring, emotional harm, or short and long term psychological and physical limitations are not as easy to calculate and a sum must be decided upon by lawyers, insurance companies and juries who must consider what is a fair and reasonable amount of money based on a compilation of evidence provided to the court comparing the victim’s life before the accident to the limitations imposed on that life after the accident.
Seek legal counsel.
A knowledgeable personal injury attorney will collect and analyze the data related to the accident, including police reports, medical reports, law enforcement reports and estimates from insurance companies. It is best to consult with an experienced New York attorney for best results after an accident