Hiring a New York car accident lawyer is a good idea if you’ve been injured. Keeping track of injuries, such as whiplash, will help you determine how much compensation you may be entitled to. Additionally, keeping good records of your injuries can help you calculate compensation quickly. And, if you were distracted while driving, this can affect your ability to receive compensation. Your lawyer can explain these issues in greater detail.
Injuries caused by distracted driving
The number of deaths and injuries in motor vehicle traffic crashes related to distractions varied over the past five years, but the percentages remained fairly consistent. As a result, injuries caused by distracted driving tended to be more severe than other types of crashes. According to the most recent federal data, there were 3,142 fatal crashes involving distracted drivers in 2019. This number includes both occupants of motor vehicles and nonoccupants, such as pedestrians and pedal cyclists.
Although many accidents can be attributed to other factors, distracted driving is one of the most prevalent causes of vehicle accidents. Several studies have demonstrated that young drivers are much more likely to be distracted than experienced drivers. Distracted driving contributes to nearly 98 percent of vehicle crashes that involved a single driver. Young drivers, however, are particularly vulnerable to distractions due to their inexperience, and may be less attentive than experienced drivers.
Injuries caused by distracted driving may be compensated for damages and lost wages. Depending on the circumstances, a distracted driver may be held partially or completely responsible for the accident. If a distracted driver was partly responsible, the court will assign fault and award damages according to the percentage of fault. Internal injuries suffered during distracted driving accidents may be life-altering and require extensive medical treatment. If you or a loved one was injured in a distracted driving accident, contact a personal injury attorney today.
No-fault insurance
In the event of an auto accident, a person who suffers from non-economic injury has two options: file a third-party car insurance claim or file a personal injury lawsuit. A personal injury lawsuit can include economic and non-economic losses. No-fault car insurance, on the other hand, does not allow for any of these categories of damages. In New York, different types of car insurance are required by law.
In New York, drivers must register their vehicles with the state and show financial responsibility. This means that they must purchase the minimum requirements of no-fault car insurance. A typical policy should carry a minimum amount of bodily injury insurance coverage and property damage insurance, and the limit is $100,000 for each accident. Depending on the type of vehicle damage, no-fault insurance can provide a significant portion of the compensation for a serious injury claim.
No-fault insurance can be tricky, but it is still important to have it. Most people don’t realize that no-fault insurance limits your ability to file a lawsuit. Whether your injuries are severe or minor is largely dependent on how much you’ve spent on medical care. As a result, you can rest assured that your attorney will explain the legal implications of no-fault insurance to you and your family.
Comparative negligence
If you are thinking about suing for a car accident in New York, you should be aware of the doctrine of comparative negligence. While liability is clear in most cases, the defendant can argue that the plaintiff was also partially to blame. In a recent case, a New York appellate court upheld the trial court’s denial of the plaintiff’s motion to dismiss the lawsuit under the doctrine of comparative negligence.
While you may not feel that you were at fault in the accident, proving your innocence can help your case. In New York, you can sue the driver who caused the accident as well as the state or city municipality. In some cases, you can also file a case against the city or state for icy roads. As a result, it’s important to understand how comparative negligence works when hiring a NYC car accident lawyer.
One of the most common causes of comparative negligence in a car accident is the failure to wear a seat belt. New York requires drivers to wear a seat belt, and attorneys argue that the plaintiff’s injuries would have been less serious had they worn a seat belt. This argument is strongest when a plaintiff was ejected from a car. Also, the argument is stronger in pedestrian accidents, motorcycle accidents without helmets, and if the plaintiff had been jaywalking.
Non-economic damages
When it comes to car accident compensation, you can get both economic and non-economic damages. Economic damages are the monetary amounts you receive from the other party, while non-economic damages are based on the actual result of your injury. The results may include an inability to work, loss of enjoyment of life, disfigurement, or inconvenience. Depending on the specific circumstances of your case, you may be able to recover a monetary award for these damages, which may be worth several thousand dollars or even thousands.
Non-economic damages after car accident cover the physical and mental pain and suffering you have experienced after the accident. In addition to these, you may also be able to collect compensation for your pain and suffering, which are not merely the costs of medical treatment. These non-economic damages are intended to make you as “whole” as possible. Therefore, you must prove that you’ve suffered any of these effects, and that you’re owed money.
When claiming economic damages after a car accident, it is vital to include both kinds of costs. Medical bills are usually the largest part of this amount. They include the costs associated with the original hospital stay, as well as any follow-up care related to your injuries. Also included in economic damages are lost wages – some victims lose time from work for only a few days, while others are out of work for months or even years. Property damage, too, is a major factor. Many victims of car accidents have sustained serious damage to their cars.
Statute of limitations
The statute of limitations for car accident claims in New York is three years after the date of the accident. This period may be shorter if the accident was the fault of a municipality. It can be longer if someone died in the accident. But there are exceptions to the general rules. A car accident lawyer will be able to tell you what the applicable statute of limitations is for your case. Listed below are some important facts that will help you understand the statute of limitations.
If you are injured in a collision in New York, you should know the statute of limitations for filing a lawsuit. In most cases, the statute of limitations is three years from the date of the accident, with some exceptions. However, this is important to remember because evidence, witnesses and physical artifacts have an expiration date. Tire marks and public records can disappear over time, while witness testimony may be faulty or nonexistent.
The statute of limitations begins to run when the person involved in the accident realizes they have been injured. However, it may extend longer if the injury was not apparent. Also, there are specific statutes of limitations for cases involving municipalities. For instance, the statute of limitations is different if the victim was struck by a city truck. A municipal entity is a local government entity, so the statute of limitations will be shorter.
Common mistakes made by a car accident lawyer
If you or a loved one have been involved in a car accident, the most important step to take is to speak with an attorney as soon as possible. Insurance companies are eager to limit your claim and try to minimize your financial compensation. Unless you hire a specialized car accident attorney, you could jeopardize your claim and risk receiving less than you deserve. Here are some common mistakes made by accident victims that can lead to lower financial compensation.
The most common mistake a car accident victim makes is failing to seek medical attention immediately after the accident. While you’re recovering from the crash and focusing on getting well, it’s vital to collect as much evidence as possible. This means contacting witnesses and gathering personal information. Even if no one was at fault, these details can help prove your case. Moreover, it will allow you to determine who was at fault.
Another mistake that victims make is signing a low-ball settlement offer without consulting a car accident attorney. Insurance companies are known for offering low-ball settlements and many victims are tempted to accept them. But by signing a settlement agreement, you’re giving up your right to file a personal injury lawsuit and additional compensation. This is not only unprofessional, but can also lead to traffic violations. In addition, this action may also lead to additional costs associated with your car insurance.