Many people in Queens, New York, have to drive on a daily basis. It is the most convenient and fastest way for most people to get to work, run errands, take the kids to school, and do other things. Every driver’s goal is to arrive at their destination and return home safely. Regrettably, this is not always the case.
Every day, car accidents occur. Some are minor fender benders that necessitate minor vehicle repairs with little or no involvement from an insurance company. Other automobile accidents are more serious. Victims of such accidents may sustain serious injuries, necessitating immediate medical attention and legal representation from a car accident attorney.
Every year, over three million Americans are seriously injured in car accidents. According to statistics from the National Highway Traffic Safety Administration, however, there are numerous types of car accidents and collisions. As a result, the resulting injuries are equally diverse.
Nonetheless, certain types of injuries are more common than others. They differ in terms of severity, specific body parts injured, consequences, and medical treatment required.
What is Considered a Serious Injury?
Minor injuries sustained in a car accident may not be sufficient to bring a personal injury claim against the at-fault driver in New York State. A serious injury must be sustained by the person injured in a car accident in order to file a valid personal injury claim.
New York State’s No-Fault Law
New York is a fault-free state. Were you involved in a car, van, SUV, Lyft vehicle, Uber, taxi cab, or truck accident? Because of the no-fault law, your insurance company pays for your medical bills as well as a percentage of your lost income. Other no-fault states and territories in the US include:
- North Dakota.
- Florida.
- Kansas.
- New Jersey.
- Hawaii.
- Minnesota.
- Massachusetts.
- Utah.
- Kentucky.
- Michigan.
- Pennsylvania.
- Puerto Rico.
It makes no difference who is at fault when it comes to getting your lost wages and medical bills paid after a car accident in New York State. However, in order to file a no-fault claim for money other than lost wages and medical bills, you must meet the following requirements:
- You suffered financial loss above and beyond the basic financial loss. That means that you sustained over $50,000 in combined lost wages and medical payments.
- You suffered a serious injury as defined in New York State Insurance Law Article 51.
The Serious Injury Threshold
It is not always clear whether an injury you sustain in a car accident qualifies as a severe physical injury. Gregory Spektor & Associates‘ serious injury attorneys frequently review the state’s insurance coverage laws in order to fight for their clients.
A serious physical injury is defined as follows in New York State Insurance Law Article 51, or “No-Fault Law”:
- A fracture.
- Significant disfigurement
- Permanent loss of use of a body function or system.
- Permanent loss of use of a body organ or member.
- Dismemberment.
- Permanent consequential limitation of the use of a body member, function, or system.
- An injury or impairment of a non-permanent nature that stops a person from managing all of the material acts constituting the person’s usual activities for more than 90 days during the 180 days immediately following the incident of the injury or impairment.
- A significant limitation of a body system or function.
- Loss of fetus.
- Death.
Serious Injury Threshold Exceptions
Motorcycle accident injuries are not covered by the New York Serious Injury Threshold. As a result, those involved in a motorcycle accident can sue the responsible party for only minor property damage and the following injuries:
- Pain and suffering.
- Medical bills.
- Emotional distress.
- Lost wages.
- Punitive damages.
You May Still Have a Claim
If you believe your injury does not meet the serious injury threshold, you may be mistaken. This law is difficult to grasp. You should consult with an accident attorney to learn more about receiving compensation for your pain and suffering, lost wages, and medical bills.
The Difference Between a Minor and a Serious Car Accident
It’s difficult to define what constitutes a serious car accident. Some car accidents are so severe that only minor injuries are sustained. However, some low-impact collisions can result in incapacitating and painful injuries.
As a result, it is unclear what constitutes a minor or serious car accident. If you are still suffering from the effects of your injury weeks, months, or years after your accident, you were in a serious car accident.
Although serious injuries in low-impact car accidents are uncommon, they do occur. You may emerge from the collision with only minor bruises or scrapes, or even without a scratch. However, you may experience neck pain and stiffness a few days later, which is often indicative of a whiplash injury.
Whiplash can also cause headaches, shoulder pain, dizziness, back pain, and unexplained fatigue. Soft tissue injuries can have a negative impact on your quality of life and are frequently costly to treat. As a result, it is critical for those involved in even minor car accidents to consult with experienced lawyers about seeking compensation.
What to Do After a Car Crash
Participants in a car accident should take several steps to ensure the best possible outcome for their claims. Some examples are:
Do Not Leave the Scene of the Accident
All parties involved in a car accident are required by law to remain at the scene. If you flee the scene, the law may consider you a hit-and-run driver and issue an arrest warrant for you. This type of incident will complicate your personal injury claim. So, after an accident, pull over to the side of the road and wait for help.
Call the Police
As soon as possible, contact the police. The police will investigate the accident and compile a report. This report will go into detail about the crash’s causes, such as reckless or aggressive driving. It will also include any injuries sustained and other pertinent information. This report, as well as any additional information obtained by the police, will be used by your car accident lawyer to help prove your personal injury claim.
Seek Immediate Medical Attention
Any injured person must seek immediate medical attention, especially if the injury is serious. Those who sustain serious injuries should seek immediate medical attention. The police will track them down later to complete the accident report. If you can’t wait for the cops to arrive, make an appointment with a doctor as soon as possible.
Do Not Admit Fault or Apologize
Making an apology or admitting fault at the scene of an accident is one of the worst things you can do before filing a personal injury claim. Insurance companies will use your apology against you to deny you full compensation. Simply remain silent and only speak to the medical team, the police, and your lawyer.
Do Not Accept a Settlement Without Your Lawyer
Insurance companies frequently try to persuade injured people to accept settlement offers far below what they are owed. They sometimes try to persuade victims that they have incriminating evidence against them that will disprove their claims. If this occurs to you, do not believe them or accept their offer without first consulting with your personal injury lawyer.
Gregory Spektor & Associates’ expert legal team will provide you with a free consultation. When you hire them, they will handle all conversations, phone calls, and emails regarding your accident. They will fight the insurance company and aggressively seek the maximum monetary compensation you are entitled to.
Types of Damages in an Auto Accident Claim
When you are injured in a car accident as a result of another driver’s negligence, you can file a claim for various types of damages. The amount of compensation you receive will be determined by your injuries and other losses. Because car accident claims are fact-specific, plaintiffs should consult with and hire experienced attorneys.
Injured parties should understand the various types of damage that can occur in a car accident and how to value them. A valuation expert will work with your personal injury lawyer to properly value your claim. Damages are classified into three types:
Economic Damages
These cover all financial expenses and losses resulting from an automobile accident, such as:
- Medical bills.
- Future medical expenses.
- Lost income and wages.
- Nursing care.
- Physical and rehabilitation therapy.
- Lower earning capacity.
- Cost of replacement or repair of damaged property.
- Temporary or permanent disability.
Non-Economic Damages
These are financial losses that are difficult to quantify or assess but deserve fair compensation. These are some examples:
- Pain and suffering.
- Loss of consortium.
- Loss of enjoyment.
- Damage to reputation.
- Humiliation.
- Emotional anguish.
- Worsening of previous injuries.
This damage, like economic damage, can have a significant impact on your life. The attorneys at Gregory Spektor & Associates in New York offer free consultations to prospective clients to determine whether non-economic damages apply to their car accident cases.
Punitive Damages
Were you involved in a car accident caused by someone else’s carelessness? If this is the case, you may be entitled to financial compensation for any losses. If the court determines that the responsible party’s actions were intentional or significantly harmful, it may award more money.
Punitive damages are additional compensatory awards given to injured parties as a result of intentional actions. They are a punishment for the offender. They hope to deter similar future behavior. To receive this type of compensation, you must demonstrate that the other party acted negligently. You must show that the defendant was extremely negligent.
For a free legal consultation, contact Gregory Spektor & Associates’ personal injury attorneys. They will look into whether the other driver was extremely careless and whether you are entitled to punitive damages. A deliberate automobile accident requires a willful and wanton disregard for basic traffic rules. In addition, someone is to blame for an accident if they did it on purpose or with malicious intent.
Time Limit for Filing a Car Accident Claim
All states have time limits for plaintiffs to file civil court lawsuits after being injured. The statute of limitations in New York is three years from the date of the accident.
Although you have three years to file a claim, lawyers recommend that victims file as soon as possible. That way, all of the evidence will be available, and the witnesses will have a clear memory of the accident. This will provide you with the best chance of success.
Bottom Line
Every driver wants to avoid an accident at all costs. However, while driving, you will encounter various situations, some of which may result in an accident. Whether it was your fault or not, it is best to hire a legal professional. Accidents in cars can be extremely stressful. Allow a professional to handle the stress and focus solely on your healing process.
Are You Looking for Personal Injury Lawyers? Welcome to Gregory Spektor & Associates, P.C.
Have you been seriously injured in a car accident? If this is the case, you are most likely considering filing a personal injury lawsuit against the at-fault driver. To seek compensation, contact the skilled and experienced attorneys at Gregory Spektor & Associates in New York City. We will work tirelessly to ensure that you receive the just and fair settlement you deserve.
We understand that car accidents can result in serious injuries and financial losses that threaten your financial stability. During your free consultation, we will go over the details of your car accident with you to ensure you understand your options. If you hire us, we will work hard to build a strong case against the negligent party.
You are entitled to financial compensation for your injuries and losses. Allow our experienced personal injury attorneys to handle your case so you can concentrate on healing and recovery. We will also deal with the insurance company involved in your case and ensure that your medical bills are paid on time. To schedule an appointment, please come to our Queens law office or call (888) 797-7735.
